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A. D. 1813.

AN ACT for ratifying and confirming a provisional agreement entered No. 2032. into between the State of South Carolina and the State of North Carolina, concluded at M'Kinney's, on Toxoway River, on the fourth day of September, in the year of our Lord one thousand eight hundred and thirteen.

(Passed December 17, 1813. See Vol. 1, p. 416.)

AN ACT to alter the times of holding the Courts of Common Pleas No. 2033. and General Sessions in the District of Horry.

(Passed December 17, 1813. See last volume.)

AN ACT ATTACHING TO THE DISTRICT OF LANCASTER THAT PORTION No. 2034.
OF TERRITORY INCLUDED WITHIN THE LIMITS OF THIS STATE, BY THE
LINE LATELY RUN OUT, FROM THE TERMINATION OF THE LINE OF 1764,
AT THE SALISBURY ROAD, TO THE SOUTH-EAST CORNER OF THE CA-
TAWBA LINE AT 12 MILE CREEK; AND FOR OTHER PURPOSES RELATING

THERETO.

to the district

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 same, That all those parts or portions of territory which have Certain territobeen heretofore under the jurisdiction and supposed to belong to the State ry to be added of North Carolina, but are found, on extending and running out the line of Lancaster. between the two States, in conformity to the treaty on boundary of the year one thousand eight hundred and eight, to be included within the limits of the State of South Carolina, shall be taken and regarded to all intents and purposes as forming a part of the said district of Lancaster; and the line of final demarkation and boundary, run out and marked by the commissioners of the respective States during the present year, an authenticated plat of which has been deposited in the office of the Secretary of State at Columbia, shall from henceforward form one boundary of the district of Lancaster.

Citizens of said

II. And be it further enacted by the authority aforesaid, That each and all of the citizens heretofore residing and continuing to have his or their permanent residence in the territory aforesaid at the time of the passing territory, their of this Act, shall be entitled to and possess all the rights, immunities and right. advantages which the citizens of the present district of Lancaster now do, or hereafter shall enjoy; and be in like manner subject to the payment of taxes, and liable to all militia and all other duties to which the citizens of the said district of Lancaster now are or may hereafter be subjected by or made liable under the laws of this State.

III. And be it further enacted by the authority aforesaid, That there
VOL. V.-SS.

Beat compa

A.D. 1813. shall be a revision of and new demarkation of the lines forming the two beat companies commanded by Captains Massey and Moore; and that such parts or portion of the said territory as may lie most contiguous, and shall nies to be laid be found most convenient to them, shall be attached to and form a part of one or either of the said company beats, and the inhabitants thereof be liable to all the militia, patrol and other duties to which the inhabitants of the beats they may be respectively attached to now are or hereafter may be subjected by the laws of this State.

anew.

IV. And be it further enacted by the authority aforesaid, That Henry Commissioners Massey, Jeremiah Carter, William Vaughan, James Miller and Churchappointed to hill Anderson, be, and they are hereby appointed, commissioners to revise run the lines. the lines of and establish the respective beats of the two companies aforesaid; and they, or a majority of them, are hereby required and directed forthwith to revise the lines of and establish the respective company beats aforesaid: Provided always, that nothing herein contained shall be so construed as to withdraw the company beats now directed to be established from under the operation of the provisions of the militia laws now in force or hereafter to be enacted.

church incor

porated.

V. Whereas, the Society of Christians who call themselves by the name St. Andrew's of the Saint Andrew's Presbyterian Church of the City of Charleston, Presbyterian have petitioned the Legislature of this State, praying to be incorporated, and asserting they have complied with the terms required by the constitution as preparatory thereto, and the allegation in the said petition appearing to be true; 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 the society before mentioned, and the several persons who now are or shall hereafter be members thereof, and their successors, officers and members of it, shall be, and they are hereby declared to be, one body corporate, in deed and in name, by the name of the Saint Andrew's Presbyterian Church of the City of Charleston; and by the said name shall have a perpetual succession of officers and members, and a common seal, with full power to change, alter, break and make new the same as often as they the said corporation shall judge expedient; and the said corporation and their successors shall be able and capable in law to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, in perpetuity or for any term of years, any estate or estates, lands, tenements, or hereditaments, of what kind or nature soever; and to sell, alien, exchange, demise or lease the same, or any part thereof, as they shall think proper; and by their said name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State; and to make such rules and by-laws, not repugnant and contrary to the laws of the land, for the benefit and advantage of the said corporation, and for the order, rule, good government and management of the same, and for the election of minister, and his maintenance out of any funds belonging to the society, for erecting and repairing of the church by the corporation out of any such funds, and ascertaining the rents which shall be paid by the pew holders, in such manner as shall be from time agreed upon by two-thirds of the members present: Provided always, that not less than three-fourths of the whole members shall be present when a vote is taken to make, alter or amend any of the by-laws, to elect or displace a minister, and to appoint, alter or increase the minister's salary.

VI. And be it further enacted by the authority aforesaid, That it shall Said corpora- and may be lawful for the corporation hereby erected, to take and to hold to them and their successors forever, any charitable donations or devise of

tion may hold property.

lands and personal estates; and to appropriate the same for the benefit of A. D. 1813. the corporation in such manner as may be determined by a majority of twothirds of the members present: provided always, that not less than threefourths of the whole are present; and to displace, remove and supply such ministers, officers, servants and other persons to be employed in the affairs of the corporation; and to appoint such salaries, perquisites or other reward for the labor or service therein, as the corporation shall from time to time approve of and think fit.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and thirteen, and in the thirty-eighth year of the Independence of the United States of America.

SAVAGE SMITH, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

HIS No. 2035.

AN ACT TO AUTHORIZE THE SHERIFF OF CHESTER DISTRICT, OR
SUCCESSOR IN OFFICE, TO EXECUTE TITLES TO JOSEPH ROBINS FOR A
CERTAIN TRACT OF LAND THEREIN MENTIONED.

WHEREAS, Elijah Nunn, Esquire, the late sheriff of Chester district, in obedience to a writ of fieri facias issued from the court of Common Pleas of Chester district at the instance of James Kennedy against James Bell, did levy on, advertise and regularly sell a tract of land, the property of the said James Bell, lying on Mill Creek, waters of Broad river, in the district of Chester aforesaid, at which sale Joseph Robins became the purchaser, and paid to the said Elijah Nunn, the amount of the purchase; and whereas, the said Elijah Nunn, by his sudden and unexpected death, was prevented from making and executing the necessary deeds and conveyances to the said Joseph Robins, for the said tract of land, and from making return of the said sale on the said writ fieri facias:

I. 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 John Kennedy, Esquire, now being the sheriff of Chester district, or his successor in office, be, and he is hereby, authorized and required to make and execute to the said Joseph Robins, all such titles, deeds or conveyances, as may be necessary to vest the said tract of land in the said Joseph Robins, his heirs and assigns, forever.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and thirteen, and in the thirty-eighth year of the Sovereignty and Independence of the United States of America,

SAVAGE SMITH, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

AN ACT appointing commissioners to lay out and make a portage at
Lockert's Shoals, on Broad River.

(Passed December 18, 1813. See last volume.)

No. 2036.

A. D. 1813.

No. 2037. AN ACT TO PREVENT THE OBSTRUCTIONS TO THE PASSAGE OF FISH UP REEDY RIVER, FROM ITS MOUTH TO THE TUMBLING SHOALS; AND FOR

Preamble.

Passage of fish up Reedy river provided for.

Penalty.

Creek.

OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, certain persons have, for their own emoluments, of late obstructed the passage of fish up Reedy river, by erecting high and impassable dams across the said river; for remedy whereof,

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 any person or persons who now have, or hereafter may erect, any fish dam or fish dams, mill dam or mill dams, hedge or hedges, or other obstruction or obstructions whatsoever, across the said Reedy river, from its mouth to the Tumbling Shoals thereon, shall, on or before the fifteenth day of February next, and from time to time, and at all times thereafter, between the fifteenth day of February and the first day of May, in every year, provide and keep a passage at least ten feet wide, sufficient to let fish freely pass through such fish dams, mill dams, or other obstructions across the said river.

II. And be it further enacted by the authority aforesaid, That any person or persons who shall neglect or refuse to provide and keep such passage as aforesaid, in his, her, or their dam or dams, hedge or hedges, or other obstructions as aforesaid, shall, for every twenty-four hours he, she or they so refuse or neglect, respectively forfeit and pay the sum of six dollars; to be recovered before any justice of the peace in the district in which such obstructions may exist, by any person or persons who shall or may sue for the same by action of debt, to be applied to the sole use of such informer.

III. And be it further enacted, That all Acts and parts of Acts repugnant hereto be, and the same are hereby, repealed.

IV. And be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Little Lynch's authority of the same, That the owners of all fish dams or other artificial obstructions to the passage of fish up Little Lynch's creek, in the district of Kershaw, shall, and they are hereby required, on or before the twentieth day of February next, to remove and reduce the same at least to one half the width of the said creek, where such dam or other obstruction shall be standing; and if he, she or they shall refuse or neglect so to do, they shall severally forfeit and pay the sum of twenty dollars for every five days he, she or they shall refuse or neglect so to do; to be recovered before any one justice, one half to go to the informer, and the other to the use of the poor of the said district; and if the owners of such dams or other obstructions shall refuse to remove the same, agreeable to the provisions of this Act, any three of the inhabitants of the said district are hereby authorized to remove the same.

V. And be it enacted by the authority aforesaid, That if any person or persons shall hereafter presume to build or erect any dam or other obstruction in the said creek, extending to a greater distance than one half the width of the said creek, at low water mark, they shall forfeit and pay a like penalty, to be recovered and disposed of in the manner above provided.

VI. And be it further enacted by the authority aforesaid, That Reuben Stark and Chapman Levy, Esquires, be, and they are hereby appointed,

Commissioners

commissioners on the part and behalf of the State, and that Adam Walker A. D. 1813. and old Captain Barnet be, and they are hereby, appointed on the part and behalf of Catawba company, to ascertain the amount of money expended appointed. advantageously in the opening of the Catawba river, the amount expended for other purposes, and the amount given for the purchase of stock by the present stockholders, the amount of money arising from the sale of lands sold by the said Catawba company, and that they do report the same at the next session of the Legislature.

VII. And be it enacted by the authority aforesaid, That if either or both Vacancies how of the first named commissioners refuse to act, then and in that case the to be filled. Governor shall appoint persons to act in their place; and if both or either

of the last named commissioners shall refuse to act, then and in that case

the said company shall appoint persons to act in their place.

VIII. And be it enacted by the authority aforesaid, That the said com- When to meet. missioners are hereby directed and required to meet on the first Monday

in August next, and they are hereby authorized to choose a fifth person to

act with them for the purposes aforesaid.

IX. And be it enacted, That the suit now pending, in the court of equity,

against the said company, on the complaint of the State, be suspended until Suit suspended the next session of the Legislature; provided, the said company desist from making any further sale of their lands.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and thirteen, and in the thirty-eighth year of the Independence of the United States of America.

SAVAGE SMITH, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

AN ACT TO authorize tHE COMMISSIONERS OF THE PENDLETON CIR- No. 2038. CULATING LIBRARY SOCIETY TO ALTER THE WESTERN BOUNDARY LINE

OF THE PUBLIC SQUARE IN THE VILLAGE OF PENDLETON; AND FOR

OTHER PURPOSES.

WHEREAS, many of the inhabitants of the village of Pendleton and its vicinity have petitioned the Legislature to authorize the commissioners of the Pendleton Circulating Library Society to alter the western boundary line of the public square in the village of Pendleton, and to sell and convey that portion of ground thrown out of the public square, to the owners of the adjoining lots on that side.

1. Be it therefore enacted, by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That John Taylor, Joseph Whitner, Andrew Pickens, junior, James C. Griffin, Samuel Cherry, Robert Anderson, John L. North, and Joseph B. Earle, commissioners of the Pendleton Circulating Library Society, be, and they are hereby, authorized and empowered to alter the western boundary line of the public square in the village of Pendleton, by running it as nearly parallel with that on the east side of said square, as may appear to them necessary or convenient; and to sell and convey that portion of ground which may be thus thrown out of the public square, to the owners of the adjoining lots on that side, on the same

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