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A. D. 1787. the courts held for the said district: provided the same be published three times, once in every week successively, in the said paper.

In the Senate House, the 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. 1343. AN ACT FOR PROCURING THE MORE PUNCTUAL AND REGULAR ATTENDANCE OF PERSONS ELECTED MEMBERS OF THE SENATE AND HOUSE OF REP

Preamble.

Penalty on managers of elections for neglect to make return.

the time of

ery day of default.

RESENTATIVES.

WHEREAS, the business and sitting of the Legislature is very much retarded and prolonged by the dilatory and irregular attendance of persons elected and returned members of the Senate and House of Representatives, to the great expense and other detriment of the public; to remedy and prevent which, as much as possible,

any

I. Be it therefore enacted by the honorable the Senate and House of Representatives, and by the authority of the same, That if the churchwardens, or other managers and conductors of the election of district or parish, shall neglect to make a return at the time and place the Legislature is to meet, according to the exigence of the writ to them directed, then, and in such case, the churchwardens or managers so neglecting, shall pay the sum of twenty pounds, to be sued for and recovered by the attorney general, and be paid into the treasury for the use of the State.

II. And be it enacted by the authority aforesaid, That every person who Persons elect shall or may be elected and returned, and doth qualify to serve in the ed to appear at Senate or House of Representatives, shall and must, and is hereby ordered meeting, or for- and directed, personally to be and appear at the time and place duly prefeit 20s. for ev-scribed and appointed for the meeting of the Legislature, on pain of incurring the penalty of twenty shillings for every day he shall make default; and on his appearance the cashier of the House to which he belongs shall, and is hereby ordered, on pain of being proceeded against as for a contempt of the House and breach of privilege, to report to the President of the Senate, or Speaker of the House of Representatives, as the case may be, the number of days such person shall have made default, and the President or Speaker shall thereupon require him to show cause or excuse why he should not pay such penalty, and shall leave to the judgment and determination of the House to which he shall belong, whether such penalty shall be exacted; and in case it be the judgment and determination of the House that the same shall be exacted, then the cashier shall demand the payment thereof; and in case of refusal or noncomplinnce within seven days, the said person shall be taken into custody and proceeded against by order of the House to which he shall belong, as for a contempt and breach of privilege: provided, nevertheless, and it is hereby enacted, that any person who shall be duly elected and returned a member of either House of the Legislature, and who shall determine to decline to serve and qualify, in case it may not be convenient for him to attend for

the purpose, it shall and may be lawful for him to signify and express his A.D. 1787. determination by a letter signed by himself, in the presence of a member of the same district or parish, and which said member shall deliver the letter addressed to the President of the Senate or the Speaker of the House of Representatives.

III. And be it enacted by the authority aforesaid, That if any person duly elected and returned as a member of either House of the Legisla-Persons elected and neglecting ture, shall neglect and fail personally to appear and qualify, or decline to to appear, to be serve, or signify and express his determination to decline or not qualify, by reported by the letter as aforesaid, at the meeting as aforesaid of the House for which he cashier. is returned to serve, then, in such case, the cashier of the House for which he shall be elected and returned a member, shall report such default to the President or Speaker, and the person so making it shall be liable to be sent for at his own expense, and taken into custody, and to answer and show cause and excuse why he should not be liable to the penalties and to be proceeded against as is above mentioned within the second clause of this Act.

IV. Be it further enacted by the authority aforesaid, That if any member of either House, who hath qualified and taken his seat, shall neglect to Members negappear at the time and place to which the House may be duly adjourned to lecting to ap pear, to be promeet, or convened by a requisition of the Governor for the time being, he ceeded against. shall be liable to the same penalties, and shall be proceeded against as is prescribed and directed in the said second clause of this Act.

V. Be it further enacted by the authority aforesaid, That if the cashier of either House shall fail in their duty as above prescribed, he shall be Cashier failing to do his duty liable to be called on by the President or Speaker to receive such censure to be reprior reprimand as the case may require, and the House to which he belongs manded. may resolve and direct.

clause.

VI. And be it further enacted by the authority aforesaid, That the twenty-second section of the Act for electing members, passed the twenty- Repealing first day of September, one thousand seven hundred and twenty-one, shall, and the same be, from and immediately after the ratification of this Act, repealed, and it is hereby declared void and repealed.

In the Senate House, the 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 TO AUGMENT THE TRUSTEES OF THE COLLEGE OF CAMBRIDGE. No. 1344.

WHEREAS, the difficulty of making a Board of Trustees for governing the college of Cambridge, is greatly injurious to the interests of the said college;

Preamble.

College of

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Additional authority of the same, That the honorable Adanus Burke, Esquire, James trustees for the Mayson, James Lincoln, and Charles Goodwin, Esquires, John Williams, Cambridge. John Bullock, John Owen, and William Swift, shall be, and they are hereby declared to be, trustees, in addition to those formerly appointed,

A. D. 1787. and vested with all the powers and authorities heretofore given to the trustees of the said college.

Seven to constitute a quo

rum.

II. And be it further enacted by the authority aforesaid, That any seven of the trustees of the said college shall be a quorum to manage the affairs thereof, and to do all such matters and things as shall be necessary to promote the prosperity of the institution.

In the Senate House, the 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. 1345. AN ACT FOR APPOINTING DEPUTIES FROM THE STATE OF SOUTH CAROLINA, TO A CONVENTION OF THE UNITED STATES OF AMERICA, PROPOSED TO BE HELD IN THE CITY OF PHILADELPHIA, IN THE MONTH OF MAY, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-SEVEN, FOR THE PURPOSE OF REVISING THE FEDERAL CONSTITUTION.

Preamble.

appointed to meet in conven

stitution.

WHEREAS, the powers at present vested in the United States in Congress assembled, by the articles of confederation and perpetual union of the said States, are found by experience greatly inadequate to the weighty purposes they were originally intended to answer, and it is become absolutely necessary to the welfare of the confederated States that other and more ample powers in certain cases should be vested in and exercised by the said United States in Congress assembled; and also that the articles of confederation and perpetual union of the United States should be revised, in order to remedy defects which at their original formation in the time of war and general tumult, could not be foreseen nor sufficiently provided against; and whereas, this State is, and ever hath been, ready and willing to co-operate with the other States in union, in devising and adopting such measures as will most effectually insure the peace and general welfare of the confederacy;

I. Be it therefore enacted, by the honorable the Senate and House of Commissioners Representatives, now met and sitting in General Assembly, and by the authority of the same, That five commissioners be forthwith appointed by tion, to revise joint ballot of the Senate and House of Representatives, who, or any three or the federal con- more of them, being first duly commissioned by his Excellency the Governor for the time being, under his hand and the great seal of the State, by virtue of this Act shall be, and are hereby, authorized as deputies from this State to meet such deputies or commissioners as may be appointed and authorized by other of the United States to assemble in convention at the city of Philadelphia in the month of May next after passing of this Act, or as soon thereafter as may be, and to join with such deputies or commissioners, they being duly authorized and empowered, in devising and discussing all such alterations, clauses, articles, and provisions, as may be thought necessary to render the Federal Constitution entirely adequate to the actual situation and future good government of the confederated States; and that the said deputies or commissioners, or a majority of those who shall be present, provided the State be not represented by less than two,

do join in reporting such an Act to the United States in Congress assembled, as when approved and agreed to by them, and duly ratified and confirmed by the several States, will effectually provide for the exigencies of the Union.

In the Senate House, the 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.

A. D. 1787.

AN ACT TO AUTHORIZE THE DELEGATES OF THIS STATE IN CONGRESS No. 1346.
TO CONVEY ΤΟ THE UNITED STATES IN CONGRESS ASSEMBLED, ALL
THE RIGHTS OF THIS STATE TO THE TERRITORY HEREIN DESCRIBED.

WHEREAS, the Congress of the United States did, on the sixth day of September, in the year one thousand seven hundred and eighty, recommend to the several States in the Union having claim to Western territory, to make a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union; and whereas, this State is willing to adopt every measure which can tend to promote the honor and dignity of the United States, and strengthen their federal union;

Preamble.

tract of coun

I. Be it therefore enacted by the honorable the Senate and House of Representatives, in General Assembly met and sitting, and by the authority Delegates authereof, That it shall and may be lawful for the delegates of this State to thorized to as the Congress of the United States, or such of them as shall be assembled sign a certain in Congress, and they are hereby fully authorized and empowered, for and try to the U.S. on behalf of this State, by proper deeds or instruments in writing, under their hands and seals, to convey, transfer, assign, and make over unto the United States in Congress assembled, for the benefit of the said States, all right, title, and claim, as well of soil as jurisdiction, which this State hath to the territory or tract of country within the limits of the charter of South Carolina, situate, lying, and being within the boundaries and lines hereinafter described, that is to say, all the territory or tract of country included within the river Mississippi and a line beginning at that part of the said river which is intersected by the southern boundary line of the State of North Carolina, and continuing along the said boundary line until it intersects the ridge or chain of mountains which divides the eastern from the western waters, then to be continued along the top of the said ridge of mountains, until it intersects a line to be drawn due west from the head of the southern branch of Tugoloo river, to the said mountains, and thence to run a due west course to the river Mississippi.

In the Senate House, the 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.

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No. 1347. AN ACT TO AMEND AN ACT ENTITLED "An Act to authorize the United States in Congress assembled, to regulate the trade of the United States with foreign nations."

WHEREAS, by an Act passed the eleventh day of March, in the year of our Lord one thousand seven hundred and eighty-six, the Congress of the United States were authorized and empowered to regulate the trade Preamble. of the United States with the West Indies, and all other external or foreign trade of the said States, under certain restrictions, for a term not exceeding fifteen years from the passing of the said Act; and whereas, it is expedient that the powers vested in Congress by the respective States should be uniform and of equal duration;

Commencement of the

power vested in Congress.

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 the power and authority vested in the Congress of the United States by the said Act, shall commence from the day on which Congress shall begin to exercise the same.

In the Senate House, the 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. 1348.

advertised within three days, and at three or more public places, &c.

AN ACT CONCERNING ESTRAYS.

I. Be it enacted, by the honorable the Senate and House of RepreEstrays to be sentatives, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful for any freeholder, by himself or his agent, to take up any estray on his own land, the rightful owner being unknown, and having taken it shall, within three days, publicly advertise the same at three or more separate public places; and shall, within seven days, give information thereof to some justice of the peace for the same county, who shall thereupon issue his warrant to three disinterested residents of the neighborhood, and for which he shall receive three shillings, commanding them, having been first duly sworn, well and truly to ascertain the value of such estray, to view and appraise the same and certify the valuation under their hands, together with a particular description of the kind, marks, brands, stature, color, and age, which certificate shall, by the justice, be transmitted to the clerk of his county court within seven days, and by such clerk to be entered in a book to be kept for that purpose; and at the next court to be held thereafter, such clerk shall cause a copy of every such certificate to be publicly affixed at the door of his court-house, and continue the same on two several courts after he shall have received such certificate, for which services and a certificate thereof, three shillings and six pence shall be paid by the taker up.

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