cree of any court having competent jurisdiction, for the education, mainte- A. D. 1787. nance, and support of orphans; all debts contracted payable in principal and special indents; debts contracted for the sale of lands in Columbia; interest due on the paper medium; and all sums due for taxes and duties to the public, (except the duties due to the public previous to the twelfth of October, one thousand seven hundred and eighty-five: provided such debtors shall give new bonds including therein the interest due, with such security as shall be approved of by the commissioners of the treasury; and except such debts in specie as were incurred for the purchase of confiscated property sold for the benefit of creditors;) all sums not exceeding five pounds, so far as that it may be lawful to recover the same from and after the first day of July next; all actions of trespass, vi et armis, ejectment, actions of trover, actions for rent, qui tam actions, actions of slander or malicious prosecutions, or actions of assault and battery, or false imprisonment, actions in nature of actions for deceit or breach of warranty, or other actions of mere tort or inquiry-be excepted out of this law. IV. And be it enacted by the authority aforesaid, That all judgments which have been or shall be obtained, and all open accounts, shall draw Where interest interest from the time they are due: provided always, that no open account shall be paid. whatever shall draw any interest for any term of time previous to the twenty-sixth day of March, one thousand seven hundred and eighty-four.

insist on secu

V. And be it enacted by the authority aforesaid, That the creditor in every case may insist to have security for the whole debt to be paid by Creditors may instalment as aforesaid; and after demand made either personally or in rity for the writing by him, his or her attorney, if the debtor shall fail within thirty whole debt. days to give such security within the district in which he shall reside, as any one or more of the judges of the superior court, any one or more of the justices of the peace of the district, not exceeding three, any one or more of the justices of the county courts, not exceeding three, any one or more of the commissioners for special bail, not exceeding three, respectively, at the option of the creditor, shall deem sufficient, the debtor so failing shall not have any benefit under this Act.

VI. And be it further enacted by the authority aforesaid, That wherever any levy has been made on any execution, and no sale had thereon, the Sheriff's fees. sheriff who has made the levy shall be entitled to receive from the debtor half commissions on the sum levied, together with all legal charges actually incurred by him in making the said levy.

VII. And be it further enacted by the authority aforesaid, That no per

sons may avail

son shall avail himself of this law who shall fail to pay and discharge all Conditions uphis arrears of taxes now due since the year one thousand seven hundred on which perand eighty-three, inclusive, within six months from the passing of this Act, themselves of and all taxes which may hereafter become due within two months after this law. the same may be so due; and that no tax collector shall have the benefit of this law, who shall not settle his accounts with the commissioners of the treasury within nine months after the passing of this Act, and return a list of all defaulters to the commissioners of the treasury, who is hereby directed to publish the same in the State Gazette; and that no sheriff or other officer shall be authorized to sell any real or personal property in virtue of his office, at public auction, for specie only; but all purchasers at such sales shall have the option of paying either in specie or paper medium; any law to the contrary notwithstanding.

VIII. And be it further enacted by the authority aforesaid, That if any person or persons shall assault, beat, wound, or oppose, any sheriff or sher- Penalty for asiff's officer, or other person lawfully authorized, in the execution of their saulting an office, for the carrying this Act into execution, each and every such per

officer.

A. D. 1787.

Forfeiture for importing slaves into this State.

covering bonds and notes.

son and persons, in addition to the punishment that may be inflicted by the court where such offence shall be tried, shall, on conviction, be thereafter rendered incapable of being employed by, or serving the State, in any of fice, civil or military.

IX. And be it further enacted by the authority aforesaid, That no negro or other slaves, shall be imported or brought into this State, either by land or water, within three years from immediately after the passing of this Act, under the penalty of forfeiting every such slave to any person who will sue or inform for the same; except the slaves of transient persons passing through this State, and who shall not sell the same within the State, or the slaves of persons who come with their said slaves to settle and reside, and do actually reside therein: provided that such slaves be not sold within the term of one year.

X. And be it further enacted by the authority aforesaid, That all Manner of re- bonds or notes which have been given since the first day of January last, for debts contracted previous to that day, and all bonds or notes which have been given payable according to the instalments prescribed by an Act passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, respecting the recovery of old debts, shall be no otherwise recoverable than in the manner directed in this Act.

XI. And be it further enacted by the authority aforesaid, That the OrFormer ordi- dinance entitled "An Ordinance respecting suits for the recovery of debts," nance repealed. passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, be, and the same is hereby, repealed.

In the Senate House, the twenty-eighth 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 Reprrsentatives.

No. 1372. AN ORDINANCE to impose a penalty on any person who shall import into this State any Negroes contrary to the Instalment Act.

(Passed March 28, 1787. See last volume.)

No. 1373. AN ACT TO RESTRAIN PARTICULAR PERSONS THEREIN DESCRIBED, FROM OBTAINING GRANTS OF LAND; TO MAKE NULL AND VOID CERTAIN GRANTS OF SURPLUS LANDS; TO PREVENT LOCATED LANDS FROM BEING passed INTO GRANTS UNTIL THE PURCHASE MONEY SHALL BE PAID; TO COMPEL PERSONS WHO HAVE OBTAINED GRANTS TO PAY FOR THE SAME WITHIN SIX MONTHS; AND FOR OTHER PURPOSES THEREIN MENtioned.

WHEREAS, the surveyor general and his deputies, the commissioners Preamble. of locations, and the secretary of the State and his deputy, have great advantages over their fellow citizens, from having it in their power to take up elapsed grants, and such other lands as may be vacant within this State;

and such advantages being injurious to the repose and well-being of the A. D. 1787. republic,

&c. of the

grants.

1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Officers, clerks, authority of the same, That from and immediately after the passing of this State, not to be Act, it shall not be lawful for the surveyor general, secretary of the State, allowed to take commissioners of locations, the clerks in the surveyor general's and secre- up elapsed tary's offices, to take up any elapsed grant, or run out, either directly or indirectly, in his or their own name or names, or in the name or names of any other person or persons, for his or their use or uses, any lands now vacant within this State, without being subject and liable to the penalty of five thousand pounds, to be recovered in any court of record in this State; the onehalf to the use of this State, and the other half to the use of the informer or person suing for the same; and he or they shall also be discharged from his or their respective offices, and forever rendered incapable of holding any office of trust or emolument in this State.

in certain cases

II. And whereas, surveys have been made, and grants obtained, of surplus lands situate lying and being within known and established lines, to Grants made the great injury of many good citizens, as it is not just and right that the null and void said grants should be held and deemed good and valid; Be it therefore' enacted by the authority aforesaid, that all grants which have been obtained by any person or persons, for lands situate, lying, and being within the lines, buttings, and boundings of former plats and grants, which are commonly known by the name of surplus lands, (except where the grant of such surplus land hath been made to the proprietor of such granted land,) be, and they are hereby declared to be, made null and void to all intents and purposes whatsoever, and as if the same had never been granted.

III. And whereas, the revenue of this State is greatly injured by the nonpayment of the purchase money for lands granted; Be it further enacted Grants not to by the authority aforesaid, that no grants already obtained shall be deliv- be delivered until the purered by the secretary to the owner thereof, until the purchase money be chase money is paid into the public treasury; and that all grants hereafter to be obtained paid. shall be deemed forfeited to the State, if the purchase money be not paid within six months after the passing of the said grants.

IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for all and every person and persons forever hereafter to Persons may collect and carry off oysters and oyster shells below highwater mark, from all carry off oyster shells from cerlands for which warrants of survey have been taken out, and which have not tain lands. been passed and confirmed by grants under the signature of his Excellency the Governor, since the opening of the land office by the Act passed the twenty-first day of March, one thousand seven hundred and eightyfour.

V. And be it further enacted by the authority aforesaid, That the secre- Treasurers tary shall furnish the commissioners of the treasury with a list of forfeited to be furnished grants, with a particular description of the same, within one month after forfeited grants the same shall become forfeited as aforesaid.

with a list of

VI. And be it further enacted by the authority aforesaid, That the present proprietors of wharves and low-water lots in Charleston, shall have Privileges althe exclusive privilege for six months after the passing of this Act, of ob- lowed to pretaining grants for the land covered by water in front of their present wharves, &c. wharves and low water lots, as far as the western edge of the channel of Cooper river, and the northern edge of the channel of Ashley river.

VII. And be it further enacted by the authority aforesaid, That every grant of land which has been obtained since the twenty-first day of March, one thousand seven hundred and eighty-four, or which may hereafter be

sent owners of

A.D. 1787. obtained, for Sullivan's island, Middle Bay island, commonly called the Light-house island, or any other lands whatever which have been or are now appropriated for any particular public purposes, shall be deemed and held null and void.

session.

VIII. And be it further enacted by the authority aforesaid, That an actual, peaceable, and quiet possession of lands five years previous to the fourth Length of pos- day of July, one thousand seven hundred and seventy-six, shall be deemed a good and sufficient title, and any grant obtained since that time, or which may be obtained, for the said land, is hereby declared null and void; and the possessors of the said lands are hereby declared subject to the payment of all taxes which have been or may be imposed by any law since the fourth day of July, one thousand seven hundred and seventy-six.

In the Senate House, the twenty-eighth 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. 1374. AN ACT TO AMEND AN ACT ENTITLED "An Act for levying a duty on Shipping for an Infirmary for Seamen."

Preamble.

WHEREAS, the reasons which exist for levying a duty on shipping for an Infirmary for seamen, do not prevail with regard to the shipping belonging to the French nation; therefore,

I. Be it enacted, by the honorable the Senate and House of RepreFrench vessels entatives, now sitting in General Assembly, and by the authority of the exempted from infirmary duty, same, That all French vessels be, and they are hereby, exempted from the duty imposed on shipping by an Act entitled "An Act for levying a duty on shipping for an Infirmary for seamen," passed the eighth day of March, one thousand seven hundred and eighty-five.

In the Senate House, the twenty-eighth 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. 1375. AN ORDINANCE TO PREVENT THE SIGNING OF EXCESSIVE GRANTS OF LANDS.

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 no grant of land for a tract exceeding one thousand acres, be signed during the recess of the General Assembly, or for forty days.

after the next meeting and sitting of the same: provided always, that for A. D. 1787. the term aforesaid, no person shall locate or survey lands to the prejudice No grant of of those who are hereby prevented from obtaining grants: provided also, land exceeding that nothing herein contained shall extend to any grants which shall be 1000 acres, to be signed dursatisfactorily proved to include no entire tract of land heretofore granted ing the recess. and held by any other person.

In the Senate House, the twenty-eighth 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.

AN ACT FOR THE PROMOTION OF INDUSTRY, AND FOR THE SUPPRESSION No. 1376. OF VAGRANTS AND OTHER IDLE AND DISORDERLY PERSONS.

WHEREAS, the great increase of idle and disorderly persons, has become such a grievance to the industrious and honest part of the community as to require an immediate remedy;

Preamble.

persons deem

this act.

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au- Description of thority of the same, That from and after the passing of this Act, all persons ed vagrants, wandering from place to place without any known residence, or residing and liable to in any city, county, or parish, who have no visible or known means of the penalties of gaining a fair, honest, and reputable livelihood; all suspicious persons going about the country swapping and battering horses or negroes, (without producing a certificate of his or their good character, signed by a quorum of the justices of the county, or by three justices of the peace of the parish from which such person is last come ;) likewise all persons who acquire a livelihood by gambling or horse racing, without any other visible means of gaining a livelihood; also, all persons who lead idle and disorderly lives; all who knowingly harbor horse thieves and felons, and those who are known to be of that character and description; likewise all persons (not following some handicraft trade or profession, or not having some known or visible means of livelihood,) who shall be able to work, and occupying or being in possession of some piece of land, shall not cultivate such a quantity thereof as shall be deemed by one magistrate and four freeholders, or a majority of them, on oath, to be necessary for the maintenance of himself and his family; also, all persons representing publicly for gain or reward, any play, comedy, tragedy, interlude, or farce, or other entertainment of the stage, or any part thereof; all fortune tellers for fee or reward; all sturdy beggars; and all unlicensed pedlars-are, and shall be, deemed vagrants, and liable to the penalties of this Act.

issue his war

II. And be it further enacted by the authority aforesaid, That upon the deposition on oath, or solemn affirmation, of any credible informer, before Magistrate to a magistrate, of any person's being, to the best of his or her knowledge. rant on the oath and belief, a vagrant according to this Act, and liable to the penalties of any credible thereof, such magistrate shall, and is hereby directed immediately to, issue informer. his warrant, ordering some constable to bring the offender before him, and

VOL. V.-6.