A. D. 1788.

AN ACT FOR PREVENTING THE TRANSPORTATION OF CONVICTED MALE- ́ No. 1429. FACTORS FROM FOREIGN COUNTRIES INTO THIS STATE.

WHEREAS, the honorable the Congress of the United States, by their resolve of the sixteenth of September last, did recommend to the several States to pass proper laws for preventing the transportation of convicted malefactors from foreign countries into the United States, and the Legislature of this State have judged it expedient to comply therewith, to prevent a practice so injurious and affiontive to the American nation;

Preamble.

of convicts

pro

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- Transportation thority of the same, That every master or person having charge of any hibited. ship or other vessel, who shall hereafter bring into this State any convicted malefactor or person ordered for transportation for any crime or offence whatever, from any foreign country, State, or dominion, the ship or vessel bringing such persons shall be obliged to leave the port in which she shall arrive, within ten days after arrival, and shall not be permitted to take or receive on board any lading whatsoever, on pain of forfeiture of such ship or vessel; and if any master shall land, or suffer to be landed, or dispose of the time or service of such person for the payment of his passage, or any other claim or demand, such master of vessel or other person having the charge thereof, shall forfeit and pay for every convicted malefactor or person ordered for transportation, which such master shall bring into this State, and offer to dispose of on indenture, or other contract for service, the sum of five hundred pounds sterling.

sels to deliver on oath their

II. And be it further enacted by the authority aforesaid, That every master of any vessel, or person having charge thereof, who shall bring Masters of vesinto this State any passenger or passengers, with intent to dispose of the time of service of such passenger or passengers, for payment of his or list of passentheir passage money, or any other claim, such master of vessel shall, and gers. he is hereby obliged to, deliver at the time of entering his vessel to the collector of the port where he shall enter, a list of all such persons whom he intends to dispose of for service, and a particular description of each, and the collector shall administer to him the following oath or affirmation, viz. "I, A B, do swear (or affirm) in the presence of Almighty God, that the Oath. passenger or passengers whom I have brought in my ship or vessel to be disposed of on service for payment of his, her, or their passage, is not, or are not, any of them, convicted malefactors, or persons ordered for transportation for any crime or offence whatever; but on the contrary, are, to the best of my information, belief, and knowledge, of good fame, character, and reputation; nor have I brought in my ship or vessel, with intent to be landed in this State, any person or persons whom I have reason to suspect is a convicted malefactor, or has been ordered for transportation for any crime or offence whatever. So help me God.”

III. And be it further enacted by the authority aforesaid, That if any master of any ship or other vessel shall dispose of any person for service Penalty. in this State, or shall land and put on shore any passenger suspected to be a convicted malefactor, before such captain or master has made oath as aforesaid, every such captain or master of such vessel shall forfeit and pay the sum of five hundred pounds for every person who shall be disposed of or put on shore contrary to the meaning and intention of this Act.

IV. And be it further enacted by the authority aforesaid, That in case

A. D. 1788.

How recoverable.

any captain or master of any ship or vessel, shall not, after conviction, be able to pay the penalty inflicted by this Act, he shall suffer twelve months close imprisonment.

V. And be it further enacted by the authority aforesaid, That the fines and forfeitures inflicted by this Act, shall and may be recovered by action of debt, bill, plaint, or indictment, to which any person offending shall be compelled to give security to abide the issue of the suit; a moiety or half part of which forfeiture shall go to the prosecutor who shall inform and sue for the same, and the other moiety or half part for the benefit of the State.

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. 1430. AN ACT to authorize Mathias Liverman to erect Bridges over Saltcatcher river, at or near Williams's Ford, and to vest a Toll, to be collected at the said Bridges, in the said Mathias Liverman, for a term therein mentioned.

No. 1431. AN ACT TO REGULATE THE PAYMENT AND RECOVERY OF DEBTS; AND THE IMPORTATION OF NEGROES FOR THE TIME THEREIN

Preamble.

Debts to be

ments.

TO PROHIBIT

LIMITED.

WHEREAS, the laws heretofore made concerning the recovery of debts are found inadequate to the relief of the distresses of the people of this State;

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 all debts whatsoever contracted previous to the first day of January, in the year of our Lord one thousand seven paid by instal- hundred and eighty-seven, (except debts hereinafter excepted,) shall be recoverable by instalments only, to be paid in proportion and manner hereinafter following, that is to say, that the debtor shall, on the twentyfifth day of March, in the year of our Lord one thousand seven hundred and eighty-nine, pay to his creditor one fifth part of the amount of the principal and interest of the debt; and shall, on the twenty-fifth day of March, in the year one thousand seven hundred and ninety, pay to his creditor one other fifth part of the debt, with the interest that shall have accrued on the said debt; and shall, on the twenty-fifth day of March, in the year one thousand seven hundred and ninety-one, pay to his creditor one other fifth part of such debt, with the interest which shall have accrued

on the said debt; and shall, on the twenty-fifth day of March, in the year A.D. 1768. one thousand seven hundred and ninety-two, pay to his creditor one other fifth part of such debt, with the interest which shall have accrued on the said debt; and shall, on the twenty-fifth day of March, in the year one thousand seven hundred and ninety-three, pay to his creditor the balance of the said debt, with the interest thereon. Provided, that whatever sum shall be paid on account of any instalment, shall be in the first place applied to the extinguishment of the interest.

how recovera

ble.

II. And be it further enacted by the authority aforesaid, That all bonds or notes which have been given since the first day of January, in the year Bonds, &c. one thousand seven hundred and eighty-seven, for debts contracted previous to that day, and all bonds or notes which have been given payable according to the instalments prescribed by any former Acts, shall be no otherwise recoverable than in the manner above directed.

allowed.

III. And be it further enacted by the authority aforesaid, That in all cases where any sum has been paid since the twenty-eighth day of March, Payments how one thousand seven hundred and eighty-seven, on account of any debt contracted prior to the first day of January, one thousand seven hundred and eighty-seven, such sum shall be allowed the debtor in the payment of any instalment which shall become due under this Act.

Proviso.

IV. And be it further enacted by the authority aforesaid, That all cash contracts; monies had and received by one person for the use of another; Exceptions. all monies paid by a surety for a principal; all monies due on policies of and premiums for insurance, subsequent to the fourteenth day of December, in the year of our Lord one thousand seven hundred and eighty-two; all monies due on protested bills of exchange, (provided, nevertheless, that it extend not to bills or orders drawn by one person on another, within the State, or bills of exchange drawn for cargoes of negroes, or bills of exchange drawn previous to the said fourteenth day of December, in the year of our Lord one thousand seven hundred and eighty-two); all monies payable by executors, guardians, or trustees, by virtue of any decree or judgment of any court, for the education, maintenance and support of orphans; all debts contracted for the boarding, schooling or tuition of youth; the interest due on the paper medium; all sums due for taxes and duties to the public; all debts due upon the sales of lots of land in the town of Columbia; all debts contracted payable in principal and special indents; all sums not exceeding five pounds; 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 or battery, or false imprisonment, actions in nature of actions for deceit or breach of covenant, or other actions of mere tort or injury-be excepted out of this law. Provided always, that nothing in this clause contained shall be construed to except out of the operation of this law all duties due to the public Proviso. prior to the twelfth day of October, one thousand seven hundred and eighty-five, or such debts payable to the public in money as were incurred for the purchase of confiscated property, sold for the benefit of creditors, or such amercements as may be still due to the public, but the same shall be recoverable by instalments only.

Security if

V. And be it further enacted by the authority aforesaid, That the creditor in every case may insist on having sufficient security for the whole required. debt, payable by instalments, as aforesaid; and after demand, either personally or in writing, by him, her, or his or her attorney, if the debtor shall fail within thirty days to give such security, within the county or parish 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 county courts, any one or VOL. V.-12.

A.D. 1788.

Proviso.

levied on in

case of failure, &c.

more of the justices of the peace of the county or parish, any one or more of the commissioners of special bail, not exceeding three respectively, at the option of the creditor, shall deem sufficient, then, and in such case, the creditor may forthwith commence a suit against the debtor for the recovery of the whole debt. Provided always, that if adequate security, as above prescribed, shall, after the commencement of such suit, be tendered by the debtor to the creditor, at any time pending the same, or before the sale under executiou, then the instalment due on such debt shall be recoverable, and no more, till the subsequent instalment accrues. And no judgment which may be recovered for any money hereby directed to be paid by instalments, shall bind the property of the debtor for more than the instalment actually due, if the debtor shall give to the creditor such sufficient security for the remainder as is herein above required.

VI. And be it further enacted by the authority aforesaid, That if the Property to be debtor shall fail, neglect or refuse to give such security for the whole of the debt as is herein required, and judgment shall be obtained against him, and execution issued, in such case the property levied upon shall be sold for the benefit of the creditor, for payment of the whole debt, agreeably to the periods prescribed in this Act; and the sheriff shall take from the purchaser good and sufficient personal security, and mortgage, if required, of the property sold, for his complying with the terms of the sale. And if indivisible property should be sold for cash and credit, agreeably to the terms of this Act, then the creditor shall be obliged to take and receive from the sheriff so much of the bonds for which the property sold as shall amount to the debt, with good and sufficient personal security, and mortgage (if required) of the property sold; and the surplus, if any, shall be delivered to the debtor, who shall, upon the creditor's receiving the said bonds, be discharged from the debt.

tion issued,

VII. And be it further enacted by the authority aforesaid, That if judgPayment made ment shall be obtained in any suit, and before the plaintiff proceeds to before execuexecution the defendant shall pay the instalment due, with the costs incurfuture instal. red, it shall not be necessary to renew the judgment by scire facias, or to ment recovera- commence another action when any subsequent instalment shall accrue, but it shall be sufficient to serve the defendant with a rule of court, thirty days previous to the sitting of the court, to show cause, if any he can, why an execution should not issue against him for the next instalment, which, if he fail to do, then execution shall issue accordingly; and the same proceedings shall be had upon every instalment becoming due.

ble.

VIII. And be it further enacted by the authority aforesaid, That the principal sum of all judgments which have been or shall be obtained, and all Interest drawn. open accounts, shall draw interest from the time they become due. Provided aways, that no judgment or open account shall draw interest for any time previous to the twenty-sixth day of March, one thousand seven hundred and eighty-four; provided also, that nothing in this Act contained. shall be construed in any manner to affect the question of interest during the war between the citizens of the United States and the subjects of his Britannic Majesty, but that it shall be open to judicial decision in the same manner as if this Act had not passed.

ed, &c.

IX. And be it further enacted by the authority aforesaid, That where Actions, &c. executions have issued, judgments been entered up, verdicts obtained, or not discontinu- actions commenced, since the Peace, and no proceedings have been had thereon for the space of a year or upward, they shall not be deemed discontinued and the parties obliged to take out a term's notice, a scire facias, or commence proceedings de novo, but it shall be sufficient to serve the defendant with a rule of court, thirty days previous to the sitting of the court,

commanding him to show cause, if any he can, why proceedings should A. D. 1788. not be continued; which if he fail to do, the said proceedings may be continued to execution, or the executions, where they have been issued, shall be renewed.

X. And be it further enacted by the authority aforesaid, That whenever

any levy has been made, or any execution, and no sale had thereon, the Half commissheriff who has made the levy shall be entitled to receive from the debtor sions. half commissions on the sum levied for and recoverable according to this Act, together with all legal charges actually incurred by him in making the said levy. Provided nevertheless, that if the sheriff who has made the levy as aforesaid does not carry the sale of the property into effect, that the half commissions and charges so paid him as aforesaid shall not be paid again to any other sheriff, but so much shall be allowed and passed to the credit of the debtor on account of the said execution.

XI. And be it further enacted by the authority aforesaid, That no sheriff

or other officer shall be authorized to sell any real or personal property in Payable in the virtue of his office, at public auction, for specie only; but all purchasers at paper medium, such sales shall have the option of paying either in specie or the paper medium; any law to the contrary notwithstanding.

XII. And be it further enacted by the authority aforesaid, That the judges

of the supreme court shall have power to make all requisite rules and Power of the regulations for the better carrying this Act into execution in the most easy Judges. and equitable manner, between creditor and debtor; which rules and regulations, as far as may be practicable, shall be observed in all the courts throughout the State.

XIII. And be it further enacted by the authority aforesaid, That no person shall avail himself of this law who shall fail to pay and discharge all his Tax defaulters not entitled to arrears of taxes now due since the year one thousand seven hundred and the benefit of eighty-three, inclusive, within two months from the passing of this Act, this Act. and all taxes which may hereafter become due, within two months after 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 on or before the fifteenth day of January next, and return a list of all defaulters to the commissioners of the treasury, who are hereby directed to publish the same in the State Gazette.

XIV. And be it further enacted by the authority aforesaid, That the Special indents treasurers and tax collectors be empowered to receive the special indents receivable. issued and to be issued for the years one thousand seven hundred and eighty-eight and one thousand seven hundred and eighty-nine, in payment of all taxes, duties, or other debts due the public, and payable in special indents.

Penalty for assaulting sheriff,

XV. And be it further enacted by the authority aforesaid, That if any person or persons shall assault, beat, wound or oppose any sheriff or sheriff's officer, or other person lawfully authorized, in the execution of their office, &c. for the carrying of this Act into execution, each and every such person and persons, in addition to the punishment which may be inflicted by the court where such offence shall be tried, shall, on conviction, be thereafter rendered incapable of being employed by or of serving the State in any office, civil or military.

Penalty on

XVI. And be it further enacted by the authority aforesaid, That no negro or other slave shall be imported or brought into this State, either by importing land or water, on or before the first day of January, one thousand seven slaves. hundred and ninety-three, under the penalty of forfeiting every such slave or slaves to any person who will sue or inform for the same, and under the further penalty of paying one hundred pounds to the use of the State,