said United States shall make an adequate provision for such widows and A.D.1815. children as are hereby entitled to pensions. IV. And be it further enacted by the authority aforesaid, That in case the United States shall make provision for the widows and children afore- Deficiency in said, and not make such provision as ample and as large as is made and provision made provided by this Act, for the widows and children of officers, non-commis- by U. S. made up by this sioned officers and privates, called out by the State, then the difference be- State. tween the pensions established by the United States, and by virtue of this Act, shall be paid to the widows and children of such officers, non-commissioned officers and privates, as were so called out by the United States, to be paid out of the treasury of this State, under the same regulations, and upon the same certificates, as is hereinbefore required. In the Senate House, the sixteenth day of December, in the year of our Lord one thousand eight hundred and fifteen, and in the fortieth year of the Sovereignty and Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. AN ACT to alter and amend the Militia Laws of this State. No. 2071. (Passed December 16, 1815. See last volume.) AN ACT to establish certain Roads, Bridges and Ferries, therein mentioned. (Passed December 16, 1815. See last volume.) No. 2072. AN ACT SUPPLEMENTAL TO THE VENDUE ACT, PASSED THE SEVEN- No. 2073. Vendue Mas 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 from and after the passing of this Act, the owners of property placed in the hands of vendue masters or auctioneers, either for pub- Suits against lic or private sale, are hereby authorized and empowered to recover from ters or Aucsaid vendue masters, in the most summary manner, before the inferior city tioneers for court of Charleston, or any court having competent jurisdiction in this goods sold, State, all sum or sums of money due them by the said vendue masters or auctioneers, for goods or other property by them sold on account of said *See vol. 4, 670. made sum. mary. A. D 1815. Judges to make such and orders as to expedite such causes. owners: And in order that the said debts may be recovered with the least possible delay, the justices of the Court of Common Pleas are hereby authorized and empowered to make such summary rules and orders, in all cases relative to the recovery of the said debts and costs, as shall be agreesummary rules able to justice, and may tend to expedite such causes, notwithstanding the writ or process may be returnable on any day that is to come after the time appointed for holding court for trial of such causes aforesaid; and no judgment given in such case shall be arrested or stayed for or by reason of any error or mistake in the proceedings. Provided, that all persons who are parties to any such cause or suit, have due and convenient notice of such rules and orders as aforesaid, and have reasonable and convenient time allowed them, to do and transact all matters that are necessary and allowable by law, to defend his or their respective suits. Auctioneers or Vendue solvent laws, when sned for money received for goods sold by them as such. II. And whereas, it is just and expedient, that property placed in the hands of vendue masters or auctioneers for sale, should be under the speMasters not encial protection of the law; Be it further enacted by the authority aforesaid, titled to prison That no vendue master or masters, or auctioneers, shall hereafter be entibounds or in- tled to the benefit of the Act made and provided for the relief of insolvent debtors, or the Act entitled "An Act to establish the bounds of the prisons and common gaols in the several districts and counties of the State," in such cases when his or their debt or debts arose from not paying to the owner or owners who shall place property in their hands for sale, the proceeds of property so disposed of: Provided however, that nothing in this Act shall be so construed or understood as to render vendue masters or auctioneers responsible for the loss of goods or other property, occasioned by the Act of a public enemy, the act of God, or by any other cause which man could not prevent or foresee: And provided also, that the sheriff into whose custody such vendue masters or auctioneers shall be committed, shall give ten days notice to the creditor or creditors, at whose suit he shall be confined, that unless the said creditor or creditors shall give security to the said sheriff for the support of the said debtor while in gaol, he will be discharged, and on failure so to do, may be discharged accordingly. Proviso In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and fifteen, and in the fortieth year of the Sovereignty and Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. No. 2074. AN ACT TO AUTHORIZE THE COLLECTION OF INTEREST ON JUDGMENTS I'reamble. Judgments on causes of ac AND DECREES, AND TO REMOVE THE NECESSITY OF FREQUENT REVIVALS THEREOF. WHEREAS, it is reasonable and proper that all judgments and decrees of the courts of law and equity in this State should bear interest: 1. Be it enacted, by the honorable the Senate and House of Representation bearing in- tives, now met and sitting in General Assembly, and by the authority terest, shall of the same, That all judgments and decrees of the courts of law or equity bear interest on in this State, hereafter to be obtained and rendered on any judgment, bond, the original bill, promissory note, or other cause of action, bearing interest, the princi continue to cause of action. pal sum of the judgment, bond, bill, promissory note, or other cause of A. D. 1815. action, on which such judgment shall be so obtained and rendered, shall continue to bear the same interest as the original cause of action did bear before the entry of judgment thereon; and in the body of every execution hereafter to be issued on such judgment or decree, the sheriff or other Execution officer who may be required to execute the same, shall be directed, by vir- must direct tue of such execution, to levy the interest which shall accrue on the prin- lect interest. cipal of the said debt, obligation, or other security on which the judgment or decree has or may be had or rendered, up to the day on which such levy shall be made and satisfaction entered on said execution. sheriff to col II. And be it further enacted by the authority aforesaid, That the interest which shall accrue on any judgment or decree, after the same has been Lien for shall have the same lien on the estate of the defendant, or per- interest. amount of entered up, son liable to pay the same, from the time of the accrual of such interest, only as the original judgment or decree, or execution thereon issued, shall have. III. And be it further enacted by the authority aforesaid, That it shall Execution may and may be lawful to issue execution on any judgment or decree of any issue within 3 court of law or equity in this State, at any time within three years next ment. after the signing or enrolment thereof, without any revival of the same. In the Senate House, the sixteenth day of December, in the year of our Lord one thou- THOS. BENNETT, Speaker of the House of Representatives. years of judg AN ACT to postpone the meeting of the Court of Appeals in Equity No. 2075. at Columbia, in the fall, one week, so as to prolong the Court in Charleston; and for other purposes therein mentioned. (Passed December 15, 1815. See last volume.) AN ACT CONFIRMING THE TITLE OF JOHN M. HOPKINS TO A LOT OF No. 2076. LAND DERIVED througH AN ALIEN. WHEREAS, John M. Hopkins has purchased from Francis Faucault, the heir of Michael Faucault, late of Charleston, carpenter, deceased, a lot of land in Wall-street, on Gadsden's Green, in the said city; and in consequence of the treaty between France and America having expired, the said Francis Faucault (who is an alien) is not authorized to give a good and sufficient title to the said John M. Hopkins: I. 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 the said Francis Faucault is hereby authorized to convey the said land to the said John M. Hopkins, as fully and effectually in law as if he had been a citizen of this State; and the title of the said John M. Hop A. D. 1815. kins is hereby confirmed: Provided always, that nothing herein contained shall be construed to convey any right to the said John M. Hopkins which the said Francis Faucault could not convey if he were a citizen of this State. In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and fifteen, and of American Independence the fortieth. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. No. 2077. AN ACT to incorporate the Fishing-creek Circulating Library Society in Chester district, and the Ladies Benevolent Society of Beaufort district. (Passed December 16, 1815. See last volume.) No. 2078. AN ACT FOR THE PREVENTION OF FRIVOLOUS APPEALS. I. Be it enacted, by the honorable the Senate and House of RepresenJudge who tatives, now met and sitting in General Assembly, and by the authority of tried the cause, the same, That in all cases of appeals from the decision of the circuit may give opinion in Appeal courts of law, within this State, now pending or hereafter to be made, the Court, provided opinion of the judge who tried the cause shall be taken and have equal Judges. effect with that of any other member of the constitutional court; provided, nevertheless, the court shall not consist of less than five judges. there are five appeals. II. And be it enacted by the authority aforesaid, That whenever, on Interest allow any appeal hereafter to be made from the decision of any circuit court of law ed pending or equity within this State, the final decision shall be against the appellant, or he shall withdraw his appeal, interest on the amount recovered shall be allowed, at the rate of seven per cent. from the day the verdict or decree was given, to the time when such appeal shall be dismissed or withdrawn. III. And be it further enacted, That the amount of the interest hereby allowed shall be endorsed on the back of the execution, and collected by the sheriff with the original debt. In the Senate House, the thirteenth day of December, in the year of our Lord one thousand eight hundred and fifteen, and in the fortieth year of the Sovereignty and Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOS. BENNETT, Speaker of the House of Representatives. A. D. 1815. AN ACT TO FIX THE VALUE OF LANDS IN THIS STATE FOR TAXATION, No. 2079. AND FOR OTHER PURPOSES THEREIN MENTIONED. State classed. 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 Lands in this the same, That all the lands within this State shall be, and they are hereby, distributed and divided among the following classes: Class No. 1 shall contain all the tide swamp of the first quality, not generally affected by salts or freshets, which shall be rated at twenty-six dollars per acre; all tide swamp of the second quality, not generally affected by salts or freshets, which shall be rated at seventeen dollars per acre; all tide swamp of the third quality, not generally affected by salts or freshets, which shall be rated at eight dollars and fifty cents per acre; all pine barren lands adjoining such swamps, or contiguous thereto with respect to the benefit of water carriage, which shall be rated at two dollars per acre; all prime inland swamp, cultivated and uncultivated, which shall be rated at an average of thirteen dollars per acre; all inland swamp of the second quality, which shall be rated at eight dollars and fifty cents per acre; all inland swamp of the third quality, which shall be rated at four dollars per acre; all pine barren lands adjoining or contiguous thereto, which shall be rated at one dollar per acre; and all salt marsh, or inland swamp, clearly proved to the collectors to be incapable of immediate cultivation, which shall be rated at one dollar per acre. Class No. 2 shall comprehend all high river swamp and low grounds, cultivated and uncultivated, including such as are commonly called second low grounds, lying above the flow of the tides, and as high up the country as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers on the Congaree, Graves's Ford on the Waterce, and the boundary line on Pedee; the first quality to be rated at thirteen dollars per acre; the second quality at eight dollars and fifty cents per acre; the third quality at four dollars per acre; excepting such as may be clearly proven to the collectors to be incapable of immediate cultivation, which shall be rated at one dollar per acre. Class No. 3 shall comprehend all high river swamps and low grounds lying above Snow Hill and the fork of Broad and Saluda rivers, Graves's Ford on the Wateree, and the old Indian boundary line on Pedee, which shall be rated at three dollars per acre. Class No. 4 shall comprehend all high lands without the limits of St. Philip's and St. Michael's parishes, within twenty miles of Charleston, and on John's Island and James's Island, which shall be rated at four dollars per acre. Class No. 5 shall comprehend all lands lying on the sea islands, (Slann's island included,) or lying on or contiguous to the seashore, usually cultivated, or capable of cultivation, in corn, cotton or indigo, not within the limits prescribed in Class No. 4, which shall be rated at four dollars per acre. Class No. 6 shall comprehend all oak and hickory high lands lying below Snow Hill and the fork of Broad and Saluda rivers, Graves's Ford on the Wateree, and the new boundary line on Pedee, and not included in the description or limits of the two preceding classes, numbers 4 and 5, which shall be rated at three dollars per acre. Class No. 7 shall include all pine barren lands not included in classes Nos. 1, 4 and 5, which shall be rated at twenty cents per acre. |