A. D. 1788. five, as imposed duties on lands and negroes to be sold at public auction, be, and the same are hereby, repealed.

II. And be it further ordained by the authority aforesaid, That the venVendue duty due duty on the sale of the glebe land late belonging to the Independent Church in Christ Church Parish, in February, one thousand seven hundred and eighty-seven, be, and the same is hereby, remitted.

remitted.

In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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. 1422. AN ORDINANCE TO ENTITLE THE ELECTORS AND MEMBERS OF THE STATE CONVENTION TO PRIVILEGE DURING THEIR ATTENDANCE.

Privilege of electors and

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 the members of the Convention to assemble in May next in the city of Charleston, for the purpose of considering the Federal Constimembers of the tution, referred to them, and all persons entitled to vote for the said members, shall enjoy the same privileges as are enjoyed by the electors and members of the General Assembly; any law, usage or custom to the contrary notwithstanding.

Convention.

In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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. 1423. AN ORDINANCE TO REMOVE OBSTRUCTIONS TO THE PASSAGE OF FISH UP REEDY RIVER, AS FAR AS THE TUMBLING SHOALS.

I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sttting in General Assembly, and by the authority of the same, That every person who hath or may have erected any mill dams or fish dams across Reedy river, between the mouth thereof and the Tumbling Shoals, shall, by the first day of April next after the passing this Ordi nance, provide a good and sufficient slope, eight feet wide, for the passage of fish; and upon neglect thereof shall forfeit and pay to any person who shall inform and sue for the same the sum of twenty shillings, for every

every week which such obstructions shall continue after the time afore- A. D. 1788. said.

In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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 ORDINANCE for Ratifying and Confirming a Convention between No. 1424. the States of South Carolina and Georgia, concluded at Beaufort, in the State of South Carolina, on the twenty-eighth day of April, 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 Ame

rica.

(Passed February 29, 1788. Published in vol. 1, p. 411.)

AN ORDINANCE FOR HOLDING THE COURTS OF COMMON PLEAS, AND No. 1425. GENERAL SESSIONS, AND CHANCERY, FOR THE DISTRICT OF CHARLESTON,

IN SOME CONVENIENT PLACE, UNTIL THE COURT-HOUSE FOR CHARLES

TON DISTRICT BE FINISHED.

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 Courts to be the same, That until the court-house for the district of Charleston shall held tempora rily in the Exbe made fit for holding the courts of common pleas, general sessions, and change. chancery, it shall be lawful to hold the said courts in the Exchange, or some other place within the city. And in case any court-house shall hereafter be destroyed, it shall be lawful to hold the court in some other convenient place in Charleston, or the vicinage thereof.

In the Senate, Tuesday, the fourteenth day of October, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1788.

No. 1426. AN ACT FOR VESTING IN ROBERT HERIOT, ESQUIRE, A CERTAIN SUM OF MONEY, FOR THE USE OF JOHN CASSELS, A minor.

Preamble.

tates to pay

WHEREAS, by a certain deed made in contemplation of a marriage between James Cassels, late of South Carolina, planter, and Susanna Man, the said James Cassels covenanted and agreed with Robert Heriot, Esquire, of the place aforesaid, that if the said marriage should take effect, and the said Susanna should depart this life in the lifetime of him the said James Cassels, then the said Susanna might appoint the sum of five thousand pounds of the then lawful money of South Carolina aforesaid, to such person and to such use as she might direct by her last will and testament, or other writing purporting to be her last will, signed and sealed in the presence of two or more credible witnesses, which said sum of five thousand pounds the said James Cassels further agreed to pay to such person or persons as the said Susanna should appoint the same as aforesaid. And whereas, the said Susanna departed this life soon after the said marriage, leaving a son, John Cassels, now a minor, who is the sole issue of the said marriage, but neglected in her lifetime to execute the power reserved to her as aforesaid by the said marriage deed. For remedy whereof, and for fully carrying into effect the real intentions of the said parties to the said deed;

1. Be it enacted, by the honorable the Senate and House of RepresenCommissioners tatives, in General Assembly now met, and by the authority of the same, of forfeited es- That the commissioners of forfeited estates do pay to the said Robert HeRobert Heriot riot, his executors or administrators, the sum of seven hundred and fifteen a certain sum pounds sterling, out of the proceeds of the sale of such part of the estate lately belonging to the said James Cassels, as may be still remaining in their hands to be sold; which said sum of money is hereby vested in the said Robert Heriot, his executors and administrators, in trust for the use and benefit of the said John Cassels, his executors, administrators, and assigns.

in trust.

In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1427. AN ACT PRESCribing, on the PART OF THIS State, the TIMES, PLACES, AND MANNER OF HOLDING ELECTIONS FOR REPRESENTATIVES IN THE CONGRESS, AND THE MANNER OF APPOINTING ELECTORS OF A PRESIDENT, OF THE UNITED STATES.

Preamble.

In order to carry into effect on the part of this State the Constitution for the United States of America;

I. Be it enacted, 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 the elections in this State for members of the House of

Representatives in the Congress of the United States, shall be had in the A.D. 1788. manner following, that is to say, this State shall be, and is hereby declared

tions for mem

to be, divided into five districts, of which, for the present, Charleston dis- Manner of trict shall form one; Beaufort and Orangeburgh districts united, another; holding elec Georgetown and Cheraw districts united, another; Camden district an- bers of Conother; and Ninety-Six district another; and each of the said five districts gress. shall send one member from this State to the House of Representatives in the Congress of the United States, to be chosen by the persons qualified to vote for members of the House of Representatives of this State. And the said elections shall be holden at the times and places, and regulated and conducted in the same manner, as the elections for the members of the House of Representatives of this State at the next general election. And the person who, at the said election, shall have the greatest number of votes in the district of Charleston, and the person who shall have the greatest number of votes in the united districts of Beaufort and Orangeburgh, and the person who shall have the greatest number of votes in the united districts of Georgetown and Cheraw, and the person who shall have the greatest number of votes in Camden district, and the person who shall have the greatest number of votes in Ninety-Six district, shall be the members from this State to the House of Representatives in the Congress of the United States.

True returns

to be made

election.

II. And be it further enacted by the authority aforesaid, That the officers or persons by whom each of the said elections shall be conducted, and who shall be the same persons as shall conduct the elections for members within twenty of the Legislature, shall make a true return within twenty days thereafter days after the to the Governor or Commander-in-chief of this State, of the names of the persons voting, and of the candidates or persons voted for, at the said election, and of the number of votes given thereat for each of the said persons. And that on the fifth day of January next, or as soon thereafter as the Council can be convened, the Governor shall cause the said returns to be examined in Council in a public manner, and ascertain the number of votes given at the said elections for every person, and what five persons have respectively the greatest number of votes in the said districts. And having ascertained who are the said five persons duly elected in manner aforesaid to be members of the House of Representatives in the Congress of the United States, the Governor or Commander-in-chief for the time being shall cause the same to be immediately notified by proclamation, and notice of such election to be given to each member. And that the Governor or Commander-in-chief shall deposite the original poll of each district in the secretary's office of the State.

Person returned for two dis

III. And be it further enacted by the authority aforesaid, That in case the same person shall be returned for two or more of the said districts, he may choose, within twenty days after due notice shall be given him thereof, tricts to make for which district he will serve, and on his making such choice, or neglect- choice within twenty days ing so to do within the said term, the Governor or Commander-in-chief for which he will the time being shall direct another election to be held within twenty days serve. thereafter, for the vacant district or districts, to be conducted and regulated in like manner as before prescribed. And the Governor or the Commander-in-chief shall proceed in the same manner where the member elected in any of the said five districts refuses to serve, or omits to signify to the Governor or Commander-in-chief his intention of serving, within twenty days after he has received due notice of his election; and in case of the death of any person elected, or if his seat shall become vacated by any other means, or if two or more persons shall have equal votes for any dis

A. D. 1788. trict, the Governor shall order a new election, as the case may require, to be conducted as near as may be in manner before prescribed.

Electors of President of the U. States to be chosen

IV. And be it further enacted by the authority aforesaid, That electors of a President of the United States shall be appointed by the Legislature of this State on the first Wednesday in January next, or by such persons as shall be returned members thereof, and shall attend on that day; and by the Legisla- the said electors, previous to executing their appointment, shall, before his Excellency the Governor or Commander-in-chief for the time being, take the following oath or affirmation, viz. "I, A B, do solemnly swear or affirm, that I will faithfully and conscientiously discharge my duty as an elector of a President of the United States. So help me God."

ture.

In the Senate House, the fourth day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and in the thirteenth 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. 1428. AN ACT FOR

Preamble.

The effects of

deceased per

sons, not residents, liable to be taken for debt.

THE

RELIEF OF CERTAIN PERSONS, CITIZENS OF THIS STATE, WHO ARE CREDITORS ON SIMPLE CONTRACT OF FOREIGNERS

WHO ARE DEAD.

WHEREAS, it is at all times difficult, and oftentimes impracticable, for persons who reside in this State, and carry on commerce in foreign parts, to obtain from their debtors bonds or other specialities for their respective demands, whereby an undue preference may be given to those creditors who, from their vicinity to the person so dying, may have liquidated their debts and obtained bonds for the same. And whereas, it is just and reasonable that the assets in this State should be answerable for the debts due to the citizens of the State, of what nature or kind soever the same may be ;

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 where any person (not a citizen of this State) has died, or shall die, already indebted to a citizen of this State, the assets and effects within the same, of such deceased person, being sufficient for the payment of all his debts, shall be liable to discharge the debts due the citizens of the State, in the same manner as if the same had been liquidated by bond or other specialty; any law, usage, or custom to the contrary notwithstanding.

In the Senate, Tuesday, the fourth day of November, in the year of our Lord one thou sand seven hundred and eighty-eight, and in the thirteenth 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.