Taylor, Richard Hampton, James Taylor, John Threewits and James Kelley; for the inspection near Camden, on each side of the Wateree river, John Chesnut, William Lang, and John Kershaw; for the inspections at Campbell's warehouse, Falmouth, and Adams's Ferry, Arthur Simpkins, Esquire, John Martin, and John Herndon; and at or near the Era iron works, near Catawba river, John Drennan, John Harris, Francis Adams, Samuel Watson, and William Hill. Which said commissioners shall have full power and authority to nominate and appoint the several inspectors at the several warehouses hereinbefore mentioned; which appointment shall consist of one at each warehouse in the country, except at the inspections at Campbell's warehouse, Falmouth, and Adams's Ferry, for which said three warehouses shall be only two inspectors appointed, who shall attend together at every inspection alternately, at each place, every two days.

A. D. 1789.

fees.

XXIV. And be it further enacted by the authority aforesaid, That if any inspector or inspectors, cooper or coopers, or pickers, in the country, shall Penalty on take any other or greater fee than is allowed by this Act, he or they shall taking illegal forfeit and pay to the party aggrieved ten shillings for every shilling so taken by him or them, to be recovered by a summary process, before any justice of the peace of this State; any law, custom or usage to the contrary notwithstanding.

XXV. And be it further enacted by the authority aforesaid, That each inspector so appointed shall give bond with substantial security, to be Inspectors to ap- give bond. proved of by the respective commissioners, in the sum of one thousand pounds sterling, conditioned well and faithfully to discharge the duties of his office, and made payable to the treasurers of this State; which bond shall be taken by the respective commissioners, and by them lodged, in the country, in the office of the clerk of the county, where county courts are established, or in the office of the clerk of the district, where county courts are not established, or, in Charleston, in the treasury. And if any of the said inspectors shall neglect to give reasonable attendance at all reasonable hours, or shall be guilty of any malpractices, each inspector so offending may be removed, at the pleasure of the commissioners who appointed him or them; and such commissioners shall have full power and authority to appoint another or others in his or their room. Provided, that no such removal shall be lawful, unless such inspector or inspectors hath liberty to make his or their defence, and an opportunity given him or them to disprove the charge alledged against him or them.

agreeing.

XXVI. And be it further enacted by the authority aforesaid, That where tobacco, at any of the inspections in this Act before directed, shall be Owners and adjudged by the inspector or inspectors to be unmerchantable, or by inspectors dishim or them condemned to be picked or burnt, and the owner think himself aggrieved thereby, if at any warehouse or warehouses out of Charleston, he shall have liberty to call on the inspector who is appointed to attend such warehouse, in case of the other's inability, to review the same, and in case of their disagreeing, one of the commissioners shall decide; and if in or near Charleston, the two inspectors should disagree, they shall call in, as umpire, a third person, to be appointed by the commissioners, who shall be paid the sum of one dollar per hogshead for his attendance and trouble, to be paid out of the fund above directed to be raised for defraying the several expenses of inspection; and if in the opinion of one of the inspectors and of the person so called in as umpire, such tobacco shall be thought merchantable, it shall pass.

XXVII. And be it further enacted by the authority aforesaid, That each inspector, previous to his entering on the said office, shall take the follow- oath.

Inspector's

A. D. 1789. ing oath or affirmation before the commissioners by whom he is appointed, and who are hereby empowered to administer the same, to wit: "I, A B, do sincerely promise and swear (or affirm, as the case may be) that I will well and faithfully inspect all tobacco that shall be brought to me for that purpose, without partiality, favor or affection, according to the best of my judgment; and that I will not, by myself or any other person employed by me or for me, be concerned, either directly or indirectly, in the purchase or sales of any tobacco whatsoever, during my holding the office of inspector, my own crop, or such as is directed to be sold by law, only excepted. So help me God."

forfeited.

XXVIII. And be it further enacted by the authority aforesaid, That if any Tobacco when captain or commander of any ship or vessel shall presume to sail from any port within this State for any port not within this State, after the passing of this Act, having tobacco on board not entered and cleared as is hereinbefore directed, all such tobacco shall be forfeited to the State, and shall be seized and sold for the benefit of the same; and the captain or commanders shall be fined in the sum of five pounds sterling for every hundred pounds weight, to be recovered and applied as herein before directed.

before the bad is burnt.

XXIX. And be it further enacted by the authority aforesaid, That when Penalty on re- tobacco shall be offered to view at any of the inspections hereinbefore moving tobacco directed, which shall be refused by the inspector as unmerchantable, any person or persons removing the same before the bad and unmerchantable is burnt, as hereinbefore directed, shall, upon conviction, forfeit and pay the sum of five pounds sterling for every hundred weight so carried away; one half to the informer, and the other half to the use of the State, to be recovered as is hereinbefore directed.

Penalty on

XXX. And be it further enacted by the authority aforesaid, That when tobacco shall be delivered by any of the aforesaid inspections for transadulterating. portation, and the person to whom the same is delivered, or in whose care it may be, shall change the cask in which it was delivered, and put other tobacco therein, or suffer any part to be taken out, and other tobacco put in, not the contents of the cask when delivered, the person or persons so offending shall, upon conviction, pay a fine of fifteen pounds sterling, and suffer three months imprisonment, without bail or mainprize.

XXXI. And be it further enacted by the authority aforesaid, That if Death to coun- any person shall erase or alter or counterfeit any note or manifest of toterfeit any note bacco, given by any inspector of tobacco within this State, or shall utter, in payment or barter, any such note or manifest, knowing the same to be counterfeit, every such person on conviction shall suffer death.

or manifest.

to make returns.

XXXII. And be it further enacted by the authority aforesaid, That the Commissioners commissioners respectively shall transmit an account of the number of hogsheads of tobacco, and the nett weight thereof, inspected at each warehouse, and the expenses attending the same, each and every year, to the commissioners of the treasury of this State, for the inspection of the Legislature.

Hours of inspection.

XXXIII. And be it further enacted by the authority aforesaid, That the commissioners appointed by this Act shall be, and they are hereby, authorized and required to fix the hours in which the inspectors shall attend at the inspection stores; and the sum of ten shillings shall be, and is hereby, imposed on every inspector for every hour he shall wilfully delay or absent himself from the duties of his office, to be sued for and recovered by a summary process, before any judge or justice of the peace in this State, to the use of the person aggrieved.

XXXIV. And be it further enacted by the authority aforesaid, That all A. D. 1789. former Acts relating to the inspection of tobacco be, and the same are hereby, repealed.

In the Senate House, the thirteenth 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 for laying out certain Roads and establishing certain Ferries; No. 1457. and for other purposes therein mentioned.

(Passed March 13, 1789. See last volume.)

AN ACT FOR VESTING IN ROBERT MCKELVEY, ESQUIRE, HIS HEIRS No. 1458. AND ASSIGNS, FOREVER, ALL THE REAL ESTATE WHICH JAMES MCKEL

VEY, OF EUTAW, DIED LEGALLY SEIZED AND POSSESSED of.

WHEREAS, Robert McKelvey, Esquire, hath, by his petition to the Legislature, set forth his claim to the real estate of the late James McKelvey, deceased, of Eutaw, which said estate is now sued for on behalf Preamble. of the State, as being liable to escheat; and whereas, it appears that the claim of the said Robert McKelvey, Esquire, is well founded, but from the length of time and deaths of divers persons cannot be established in a court of judicature, according to the strict legal rules of evidence; wherefore, and by reason of the peculiar hardship of his situation, and for other special matters in his petition contained and duly supported,

vested in Robt.

Proviso.

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 the real estate of which the said James Real estate McKelvey died seized or possessed of be, and the same is hereby, vested McKelvey. in the said Robert McKelvey, Esquire, his heirs and assigns, forever. Provided always, that nothing herein contained shall extend, or be construed to extend, to deprive any person or persons who shall, within three years from the passing of this Act, make title to, and prosecute the same to judgment, of or for any of the lands or real estate which were of the said James McKelvey, at the day of his death, or otherwise, whose title accrued previous to the fourteenth day of December, in the year of our Lord one thousand seven hundred and eighty-three.

II. And be it further enacted by the authority aforesaid, That Robert McKelvey, Esquire, shall pay unto the escheator or escheators all charges incurred by them, or either of them, for any proceedings had against the VOL. V.-16.

Who is to pay escheators.

A. D. 1789. said lands by virtue of the escheat law, passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven.

In the Senate House, the thirteenth 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. DESAUSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

No. 1459. AN ACT TO VEST IN THE JUSTICES OF THE COUNTY COURTS THE POWERS AND AUTHORITIES OF THE VESTRIES AND CHURCHWARDENS OF PARISHES, SO FAR AS THE SAME RELATE TO THE POOR OF THE RESPECTIVE COUnties, where COUNTY COURTS ARE ESTABLISHED.

Powers of
Justices.

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 immediately after the passing of this Act, the justices of the county courts shall be vested with all the powers and authorities, within their respective counties, that have been heretofore exercised by the vestries and churchwardens of parishes, so far as the same relate to the providing for the poor of the said respective counties, and to the binding out poor orphan children; any law, usage or custom to the contrary notwithstanding.

In the Senate House, the thirteenth 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. 1460. AN ACT TO VEST IN MARY HENNIZER, AND HER HEIRS, IN FEE SIMPLE, A CERTAIN TRACT OF LAND, LATE THE PROPERTY OF PHILIP Culp,

Preamble.

DECEASED.

WHEREAS, in pursuance and by virtue of an Act of this State, entitled "An Act to appoint Escheators, and to regulate Escheats," a tract of land situate in St. Paul's parish, in this State, late the property of Philip Culp, deceased, was deemed, and by law declared to be, escheated and vested in the State; and whereas, Mary Hennizer, of the said parish, widow, hath, in and by her humble petition, set up a reasonable and equitable claim thereto, and prayed that the Legislature would by law establish and confirm her title thereto :

I. Be it therefore enacted, by the honorable the Senate and House of Land vested in Representatives, now met and sitting in General Assembly, and by the Mary Hennizer. authority of the same, That from and immediately after the passing of this Act, the said tract of land, late the property of Philip Culp, deceased,

situate, lying and being at Stono, in St. Paul's parish, containing three A.D. 1789. hundred and eleven acres, or thereabouts, butting and bounding to the east on lands of the Honorable William Clay Snipes, to the north on lands of Mr. Nathaniel Farr, and to the south and west on lands now or late of Sellers, shall be, and the same is hereby, vested in the said Mary Hennizer, and her heirs, in fee simple. Provided nevertheless, Proviso. that the said Mary Hennizer or her heirs shall fully pay, acquit, and discharge all demands which have been or shall hereafter be brought, either in law or equity, against the said estate, and also shall pay unto the escheator or escheators all charges incurred by them or either of them for any proceedings had against the said lands by virtue of the escheat law, passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven. Provided also, that if any person or persons shall, within three years, appear and make good their right and title to the said land, then, and in that case, the said Mary Hennizer, or her heirs, shall surrender up and deliver over the same to him or them, upon being fully indemnified, made whole, and satisfied, for all sums of money which she or they may have paid on account of the said estate, over and above the proceeds of the personal estate, and all legal commissions which as administratrix she may be entitled to, together with all reasonable charges for necessary improvements made on the said land.

In the Senate House, the thirteenth 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 ORDINANCE for building a Draw Bridge across Wappoo Creek. No. 1461. (Passed March 13, 1789. See last volume.)

AN ORDINANCE FOR PROVIDING PAYMENT FOR THE ATTENDANCE OF No. 1462. THE MEMBERS OF THE LEGISLATURE.

I. Be it ordained, 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 certificates shall be given by the President of the Sen- Members to reate and the Speaker of the House of Representatives, respectively, to the ceive certifimembers of each House, for attending the Legislature, and that the same cates. shall be received in payment of taxes for the year one thousand seven hundred and eighty-nine, with the treasury, in payment of the moneys due, or that shall hereafter become due, from vendue duties, except the six hundred pounds appropriated for the payment of arms purchased for the State; and also in payment of general duties due, or that may arise, till the Congress of the United States shall, or may appropriate the same for