II. And be it further enacted by the authority aforesaid, That the said A.D. 1789. company shall pay to the commissioners of the treasury of this State, agreeable to the instalment law, two hundred and ninety pounds eighteen One half of the shillings and one penny halfpenny, with interest from the first day of price of said land to be paid March, one thousand seven hundred eighty-eight, being a moiety of the to the State. purchase money of the said land.

Certain lands

company.

III. And whereas, by the Act for incorporating the said company, they were entitled to all the lands within two miles of the said river, from Camden ferry to the North Carolina line, which were then not granted to any person or reserved for the Catawba Indians, provided the said company should cause the said lands to be surveyed within three years from the passing of the said Act; which proviso subjects the said company to many inconveniencies and difficulties in obtaining the said lands: Be it therefore vested in said enacted, that all the lands within two miles of the said rivers so to be made navigable, from Camden ferry to the North Carolina line, which were not granted before the twenty-seventh day of March, one thousand seven hundred and eighty-seven, to any person or persons, or reserved for the Catawba Indians, shall be vested in the said company and their successors, forever; any law to the contrary notwithstanding. Provided nevertheless, Proviso. that any person who, between the twenty-seventh day of September, one thousand seven hundred and eighty-six, and the twenty-seventh day of March, one thousand seven hundred and eighty-seven, made an actual and bona fide survey (on a warrant duly issued) of lands within two miles of the said rivers, shall be entitled to a grant for the land so surveyed, within six months next after the passing this Act, (but at no time afterwards,) if the persons who have caused such surveys to be made shall, after notice to the president of the said company of an intended application for a grant, show, to the satisfaction of the Governor and Council or commissioner of caveats in the district where the land lies, that such surveys have been actually and bona fide made as aforesaid.

In the Senate House, the seventh day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America.

D. DESAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ACT TO EMPOWER THE VESTRY AND CHURCHWARDENS OF THE EPIS- No. 1438. COPAL CHURCH OF CLAREMONT, IN THE PARISH OF ST. MARK, TO

SELL AND DISPOSE OF A CERTAIN TRACT OF ONE HUNDRED AND FIFTY

ACRES OF LAND, SITUATE IN ST. MARK'S PARISH AFORESAID, AND FOR PURCHASING A MORE CONVENIENT PIECE OF LAND, AS A GLEBE, FOR THE USE OF THE MINISTER OF THE SAID CHURCH OF CLAREMONT, WHEREAS, Richard Richardson, late of the said parish, Esquire, deceased, did, by lease and release, dated in April, which was in the year of our Lord one thousand seven hundred and sixty-four, convey unto the vestry and churchwardens and rector of the said parish of St. Mark's, a certain tract of one hundred and fifty acres of land, as a glebe, for the minister of the said parish, which, from its remote situation, is found by no means VOL. V.-13.

Preamble.

A. D. 1789.

Vestry and

to answer the good intentions of the donor; and whereas, the vestry and churchwardens and others, members of the Episcopal church of Claremont, in the said parish of Saint Mark's, did, by their petition to the General Assembly now sitting, set forth that the said tract of land had for a considerable length of time lain useless, and was likely to remain so, from its remote situation in the said parish, which was thinly inhabited by members of the Episcopal church, and thereby praying that a law might be passed to empower them to sell and dispose of the said tract of land, in order that they might be enabled to purchase a more convenient glebe, for the use of the minister of the said church:

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and-by the churchwardens authority of the same, That it shall and may be lawful to and for the vestry empowered to sell glebe land. and churchwardens of the said Episcopal church of Claremont, in St. Mark's parish aforesaid, or a majority of them, to sell, alien, demise, release and convey, in fee simple or otherwise, to such person or persons as may choose to become purchasers of the same, or any part thereof, all that plantation or tract of one hundred and fifty acres of land, situate in St. Mark's parish, and so as aforesaid conveyed by the said Richard Richardson, deceased, unto the vestry and churchwardens and minister of the said parish, as a glebe, and upon sale thereof, or any part thereof, to invest and appropriate the monies arising therefrom in such way and manner and to such use and uses, for the benefit of the said Episcopal church as the said vestry and churchwardens, or a majority of them, shall think fit and proper.

In the Senate House, the seventh day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America.

D. DESAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1439. AN ACT to incorporate the Vestry and Churchwardens of the Episcopal Church of the Parish of St. George's, Dorchester, and for vesting in them and their successors in office the several donations and other charitable funds belonging to the Parish; and for other purposes therein mentioned.

(Passed March 7, 1789. See last volume.)

No. 1440. AN ACT for incorporating the Society for the relief of elderly and disabled Ministers, and of the Widows and Orphans of the Clergy of the Independent or Congregational Church, in the State of South Carolina.

(Passed March 7, 1789. See last volume.)

A. D. 1789.

AN АСТ то ENABLE MARY CUMMING TO SELL AND CONVEY CERTAIN No. 1441. LANDS IN THE DISTRICTS OF CHARLESTON AND BEAUFORT.

WHEREAS, Mary Cumming, by her petition to the Legislature of this State, hath represented that her father, at the time of his death, was seized in fee of a lot of land in the city of Charleston, and also of a tract of land situate in Beaufort district, near to the town of Beaufort, and, being so seized, died intestate, leaving no other issue than the said Mary and her two sisters, whereby one third part of the said lands descended to her; and that to provide for her support and that of her child she had agreed to join her sisters in, and had contracted for, the sale of the said lands, but that the legality of her title had been disputed in consequence of her marriage with Andrew Cumming: And whereas, the said Mary Cumming hath also set forth that her said husband is a British subject, that he quitted this State with the troops of his Britannic Majesty, and if alive, is still abroad, and furthermore that he has not afforded any comfort or maintenance to her or her said child since the evacuation of this city by the British troops; wherefore she prayed that she may be authorized and empowered by Act of the Legislature to sell and convey all and singular the said lands to which she is entitled as aforesaid;

Preamble.

sell land.

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 it shall and may be lawful to and for the said Mary Cumming Mary Cumming to sell and dispose of her part or share of the said lands, empowered to and to make and execute good and sufficient conveyances to the same, and to give acquittances and discharges for the purchase money, in the same manner, to all intents and purposes, as if she were sole; any law, usage or custom to the contrary thereof in any wise notwithstanding.

In the Senate House, the seventh day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America.

D. DESAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ACT to authorize the Commissioners for continuing East Bay No. 1442. street to Ashley river, to make a new assessment for completing the same; and to repeal the twenty-eighth clause of an Act of the General Assembly, passed the twenty-second day of March, in the year of our Lord one thousand seven hundred and eighty-five, entitled "An Act for keeping in repair the several High Roads and Bridges throughout this State;" and an Act of the General Assembly passed the twentyseventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, entitled "An Act to authorize the Commissioners for continuing East Bay street to Ashley river, and to make a new assessment for completing the same."

A. D. 1789.

No. 1443. AN ACT FOR VESTING IN DANIEL COMBER, HIS HEIRS AND ASSIGNS, SUCH PARTS OF THE ESTATE, REAL AND PERSONAL, OF THOMAS FLETCHALL, AS HAVE NOT YET BEEN SOLD BY THE COMMISSIONERS OF CONFISCATED ESTATES; AND FOR OTHER PURPOSES THEREIN MEN

TIONED.

Preamble.

WHEREAS, sundry claims have arisen against the estate of the said Thomas Fletchall, which are yet unsettled, and there being some part of the estate of the said Thomas Fletchall, yet undisposed of by the commissioners of confiscated estates, and also several debts due to the said Thomas Fletchall, sufficient in the whole to answer all demands against the said Thomas Fletchall. In order, therefore, to invest in some proper person the residue and remainder of the estate of the said Thomas Fletchall, (not yet sold or disposed of by the commissioners of confiscated estates as aforesaid,) to enable him to discharge the claims against the said Thomas Fletchall;

I. Be it enacted, by the honorable the Senate and House of RepresenEstate of T. tatives, now met and sitting in General Assembly, and by the authority of Fletchall vest- the same, That from and immediately after the passing of this Act, all the Comber on cer- estate, real and personal, of the said Thomas Fletchall, not yet sold or distain conditions. posed of by the said commissioners, shall be, and is hereby, vested in Dan

ed in Daniel

iel Comber, his heirs and assigns, forever. Provided, nevertheless, and upon condition, that the said Daniel Comber shall, within three months after the passing of this Act, give bond with good and sufficient security to Thomas Jenkins and others, the heirs of Richard Jenkins, deceased, to indemnify them against the penalty of a bond for two thousand pounds sterling, which the said Richard Jenkins signed in his lifetime, as security for the said Thomas Fletchall, that he, the said Thomas Fletchall, should well and truly administer the estate of Edward Flintham, deceased; and that the said bond to indemnify the said Thomas Jenkins and others, shall be approved of by two or more justices in the county of Chester.

II. And be it further enacted by the authority aforesaid, That if the said Daniel Comber shall neglect or refuse, within the time limited by this Act, to give the security abovementioned, then such parts of the estate, both real and personal, of the said Thomas Fletchall, as have not yet been disposed of by the said commissioners, shall be, and the same is hereby, vested in the said Thomas Jenkins, in trust, that he shall sell at public sale, after twenty-one days notice, on a credit of twelve months, and convey in fee simple, so much of the said residue of the estate of the said Thomas Fletchall, as will indemnify the said Thomas Jenkins and others, the heirs or representatives of the said Richard Jenkins, for all losses occasioned by the said Thomas Fletchall not having duly administered the estate of the said Edward Flintham, and pay and deliver over the balance, if any there be, to the said Daniel Comber; and the said Thomas Jenkins shall have full power and authority, by virtue of this Act, to sue for and recover all and singular the residue of the said estate of the said Thomas Fletchall, undisposed of, out of the hands of any person or persons who may be in possession of the same; and the said Daniel Comber, and his

heirs, shall be thenceforth forever barred from any claim upon the said estate by virtue of this Act.

In the Senate House, the seventh day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America.

D. DESAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

A.D. 1789.

AN ACT to remedy the defects of the Courts of Ordinary in the several No. 1444. districts where there are no county courts, as to matters and cases in which the Ordinaries of those districts may be respectively interested.

(Passed March 7, 1789. See last volume.)

AN ACT TO CONFIRM THE SALE OF A CERTAIN TRACT OF LAND THEREIN No. 1445.

MENTIONED.

WHEREAS, Samuel Legare and Benjamin Legare, by their petition setting forth, among other things, that a certain tract of four hundred acres of land in St. Peter's parish, bounding on Savannah back river, late the property of Colin Campbell, deceased, had been sold at public sale by the Preamble. sheriff of Beaufort district, under a judgment and execution obtained at their suit against the estate of the said Colin Campbell, deceased, a person named in the Act entitled "An Act for disposing of certain estates and banishing certain persons therein mentioned," and praying that the sale thereof may be confirmed. And whereas, it is but just and reasonable, under the circumstances set forth in the said petition, that the sale of the said land should be confirmed to the purchaser thereof;

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Sale of land by sheriff of the same, That the sale of the said tract of land made by the sheriff as ratified and aforesaid, be, and the same is hereby, ratified and confirmed; and the confirmed. estate, right, title, and interest therein, is hereby vested in the purchaser thereof, his heirs and assigns forever; any thing in the said recited Act to the contrary thereof in any wise notwithstanding.

In the Senate House, the seventh day of March, in the year of our Lord one thousand seven hundred and eighty-nine, and in the thirteenth year of the Independence of the United States of America.

D. DESAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.