matter and thing therein contained, shall be, and the same is hereby, A. D. 1789. repealed.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 granting to the Circuit Courts complete, original, and final No. 1474. jurisdiction, and for regulating the same. (Passed March 13, 1789. See last volume.) AN ACT TO PREVENT THE STEALING OF HORSES, ASSES, AND MULES; No. 1475. I. Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Death to perof the same, That from and immediately after the passing of this Act, all sons stealing and every person or persons who shall be indicted and found guilty of horses, &c. stealing any horse, mare, gelding, colt, filley, mule, or ass, shall be adjudged and deemed guilty of felony, and shall suffer death without benefit of clergy. persons stealing cattle, &c 11. And be it further enacted by the authority aforesaid, That any person or persons who shall be lawfully convicted of stealing any bull, cow, ox, Penalty on steer, or calf, shall be subject to a fine or penalty of ten pounds sterling for each and every bull, cow, ox, steer, or calf, for stealing of which he or they may be convicted as aforesaid; and in case any such offender or offenders shall not be able to pay such fine or penalty, he, she, or they, instead of such fine or penalty, shall be subject to be publicly whipped, and personally receive a number of lashes or stripes, not exceeding thirty-nine stripes or lashes, on the bare back; and if any of the said offenders shall, at any time afterwards, commit or repeat the like offence, he, she, or they, on conviction thereof, shall be subject to be publicly whipped, and severally receive a number of lashes or stripes, not exceeding fifty stripes or lashes, on the bare back. III. And be it further enacted by the authority aforesaid, That if any person or persons shall be lawfully convicted of wilfully and knowingly mark- Penalty for ing, branding, or disfiguring of any horse, mare, gelding, colt, filley, ass, disfiguring mule, bull, cow, steer, ox, or calf, of or belonging to any other person,' animals. A. D. 1789. the said offender or offenders shall, for each and every horse, mare, gelding, colt, filley, ass, mule, bull, cow, steer, ox, or calf, of which he, she, or they shall or may be convicted of branding or disfiguring as aforesaid, shall be subject to the penalty of twenty pounds, and on non-payment thereof, he, she, or they shall be publicly whipped, and severally receive a number of stripes or lashes, not exceeding thirty-nine stripes or lashes, on the bare back; and in case any of the said offenders shall afterwards repeat or commit a like offence, he, she, or they, on conviction thereof, shall be liable to the penalty or fine of forty pounds for each and every horse, mare, gelding, colt, filley, ass, mule, bull, cow, steer, ox, or calf, by him, her, or them killed, branded, or disfigured, and of which he, she, or they shall be convicted as aforesaid; and in case of non-payment of the said penalty or fine, he, she, or they shall be publicly whipped, and severally receive a number of lashes or stripes, not exceeding fifty stripes or lashes, on the bare back. Penalty for stealing sheep, hogs, &c. IV. And be it further enacted by the authority aforesaid, That if any person or persons shall be indicted and found guilty of stealing any sheep, goats, or hogs, he, she, or they shall be subject to a fine or penalty of five pounds sterling for each and every sheep, goat, or hog, for stealing of which he, she, or they may be convicted as aforesaid; and in case any such offender or offenders shall not be able to pay such fine or penalty, he, she, or they, instead of such fine or penalty, shall be subject to be publicly whipped, and severally receive a number of lashes or stripes, not exceeding thirty-nine stripes or lashes, on the bare back; and if any of the said offenders shall, at any time afterwards, commit or repeat the like offence, he, she, or they, on conviction thereof, shall be subject to be publicly whipped, and severally receive a number of lashes or stripes, not exceeding fifty stripes or lashes, on the bare back. V. And be it further enacted by the authority aforesaid, That if any Penalty for dis- person or persons shall be lawfully convicted of wilfully and knowfiguring sheep, ingly marking, branding, or disfiguring of any sheep, goat, or hog, of hogs, &c. or belonging to any other person, the said offender or offenders shall, for each and every sheep, goat, or hog, of which he, she, or they shall or may be convicted of branding or disfiguring as aforesaid, shall be subject to the penalty of five pounds; and on non-payment thereof, he, she, or they shall be publicly whipped, and severally receive a number of stripes or lashes, not exceeding thirty-nine stripes or lashes, on the bare back; and in case any of the said offenders shall afterwards repeat or commit a like offence, he, she, or they, on conviction thereof, shall be liable to the penalty or fine of ten pounds for each and every sheep, goat, or hog by him, her, or them killed, branded, or disfigured, and of which he, she, or they shall be convicted as aforesaid; and in case of non-payment of the said penalty or fine, he, she, or they shall be publicly whipped, and severally receive a number of lashes or stripes, not exceeding fifty stripes or lashes, on the bare back. VI. And be it further enacted by the authority aforesaid, That it shall Slaves' not to not be lawful hereafter for any slave to brand or mark any horse, mare, brand any ani- gelding, colt, filley, ass, mule, bull, cow, steer, ox, calf, sheep, goat, or hog, mal except by but in the presence and by the direction of some white person, under the a white person. penalty of being whipped: provided the same whipping shall not exceed fifty lashes, by order of any one or more of the justices of the peace of the county or parish before whom such offence shall be proved by the evidence of any white person or slave. the direction of VII. And be it further enacted by the authority aforesaid, That all witnesses who shall be duly supœnaed or bound over in recognizance to attend and give evidence against all or any of the offenders aforesaid, and A.D1789. do accordingly attend, shall be entitled to the same allowance or charges as witnesses attending trials in the court of common pleas; which said Pay of witallowance and charges shall be defrayed and paid out of the above fines nesses. or penalties, and on defect thereof, out of any other fines or forfeitures that may be in the hands of or received by the clerk of the court where such offenders are tried. declared null and void. VIII. And be it further enacted by the authority aforesaid, That an Act entitled "An Act to prevent stealing of horses and neat cattle," passed Former acts the seventeenth day of February, one thousand seven hundred and fourfive, and an Act passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, entitled "An Act for reviving and amending an Act entitled an Act to prevent the stealing horses and neat cattle, and for the more effectual discovery and punishment of such persons as shall unlawfully mark, brand, or kill the same," passed the twelfth of April, one thousand seven hundred and sixty-eight, be, and are hereby, together with the said last mentioned Act, declared void and of none effect. 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 to prolong the time of the sitting of the Court of No. 1476. Common Pleas next November, at Cambridge, and to oblige Sheriffs and Gaolers of the several counties where courts are held, to receive any prisoners which may be committed to their charge. (Passed January 20, 1790. See last volume.) AN ORDINANCE for incorporating the Baptist Church on Horne's No. 1477. Creek, in Edgefield county, in the State of South Carolina. (Passed January 20, 1790. See last volume.) AN ACT TO AUTHORIZE THE SECRETARY OF THE STATE TO DELIVER To No. 1478. ROBERT HARRIS THE WILL OF SIMPSON HARRIS. WHEREAS, it hath been represented to the Legislature by Robert Harris, of Harrisburgh, in the State of Pennsylvania, that a paper recorded Preamble. in the secretary's office, purporting to be the original will of Simpson A. D. 1790. Harris, is a forgery, and that the witnesses and parties interested in developing the same, reside without the limits of the State; Harris. I. Be it therefore enacted, by the honorable the Senate and House of Will of Robert Representatives, now met and sitting in General Assembly, and by the authority of the same, That the secretary of the State be, and he is hereby, authorized and directed to deliver to Robert Harris, of Harrisburgh, in the State of Pennsylvania, the said paper purporting to be the original will of Simpson Harris, after duly recording in his office a copy of the same; he, the said Robert Harris, paying the customary fees of recording. In the Senate House, the twentieth day of January, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America. D. DESAUSSURE, President of the Senate. JACOB READ, Speaker of the House of Representatives. 66 No. 1479. AN ORDINANCE TO AMEND AND CARRY INTO EFFECT AN ACT ENTITLED An Act to procure a Census of the free white inhabitants of this State;" AND FOR ASCERTAINING THE TAXABLE PROPERTY IN THIS STATE. Preamble. Militia officers to take the State. WHEREAS, the Act entitled "An Act to procure a census of the free white inhabitants of this State," ratified the 29th day of February, A. D. one thousand seven hundred and eighty-eight, is defective and inadequate to the views and purposes thereof; to remedy which, I. Be it ordained, by the honorable the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the commanding officer census of the of every regiment throughout this State, shall, within one month after the passing of this Ordinance, issue out his orders to the several captains or other officers commanding companies of their respective regiments, requiring them and each of them to take or cause to be taken an exact enumeration of all the free white inhabitants of the said State, (other than and excepting aliens,) distinguishing sexes, and remarking the number of males between the ages of sixteen and fifty, dwelling within the circle of their respective beats or companies, within one month from the time such orders shall be issued; and every captain or other officer commanding any company, shall, for the above purpose, require the attendance or assistance of any subaltern officer, clerk, or sergeant, and all or any of them of his company, as he may think proper, who shall give such attendance and assistance. II. Be it also ordained by the authority aforesaid, That each and every Heads of fami- householder or head of a family, male or female, shall, within eight days lies to give an after notice and requisition had and made, deliver, or cause to be delivered, account of them. unto the captain or other officer appointed to receive the returns respectively as aforesaid, an exact account or enumeration of all such free white persons as may compose his or her family, or live in his or her house, other than and excepting aliens, distinguishing their sexes and mentioning the number of males between the ages of sixteen and fifty, as aforesaid, and shall make oath that the account or enumeration by him or her so made, is just and true, either before some justice of peace, or before the captain or other officer or clerk of the company appointed to receive the respective returns, who is and shall be hereby empowered to administer the same. III. Be it also ordained by the authority aforesaid, That the captains or other officers commanding companies, within fifteen days after the time prescribed for taking and receiving the accounts and enumerations of the householders or heads of families in manner above directed, shall respectively return the same to the commanding officers of their respective regiments, and shall make oath before some magistrate or justice of the peace, that the returns so by them made respectively, are just and true, according as the said returns and enumerations may have been taken by or delivered unto them. A. D. 1790. Returns to be made on oath. deliver returns on oath. IV. Be it further ordained by the authority aforesaid, That the colonels or other officers commanding regiments, shall respectively make out gen- Colonels to eral returns from those made and delivered to them by their captains or other officers as aforesaid, and shall certify upon oath (such oath to be made before some magistrate or justice of the peace) that the general returns so by them made, are just and true, according to those made and delivered unto them by their respective captains and other officers, and shall deposite, or cause the same to be deposited, in the secretary's office of this State, on or before the tenth day of May next. cers and others V. Be it further ordained by the authority aforesaid, That every colonel or other commanding officer who shall neglect or refuse to execute and Penalty on offidischarge the duties prescribed and enjoined on him by this Act, shall be neglecting to liable to the penalty of one hundred pounds. And every captain or other do their duty. officer commanding a company, who shall neglect or refuse to execute and discharge the duties prescribed and enjoined to him shall be liable to the penalty of twenty pounds. And every subaltern, clerk, or sergeant, who shall neglect or refuse to discharge the duty prescribed and enjoined to him, shall be liable to the penalty of ten pounds. And every householder or head of a family who shall, after due notice and requisition as aforesaid, neglect or refuse to deliver an account and enumeration of his or her family as above directed, shall be liable to the penalty of five pounds; all which several penalties shall be recoverable by action of debt, to be brought by the county attorney, where county courts are established, and by the attorney general, in the districts where no county courts are established. eral to ascer perty in the VI. And whereas, an exact knowledge of the taxable property of the State is also necessary for ascertaining a just and adequate representation; Treasurers Be it therefore ordained by the authority aforesaid, That the commission- & auditor geners of the treasury and the auditor general be, and they are hereby, di- tain the amount rected, on or before the tenth of May next, to ascertain the taxable proof taxable property within the different parishes, election districts, and counties of this State. State, from the tax returns to be procured as is hereafter directed, separating from each return the property that has been included therein, by any person or persons resident in other parishes, districts, or counties, and placing it to the particular account of each parish, district, or county in which such property may be actually situated; distinguishing in columns the value of lands, number of slaves, and other species of taxable property; and previous to their entering on the execution of the duty hereby enjoined them, they shall take on oath before his Excellency the Governor of the State, or the Commander-in-chief for the time being, for the diligent and faithful execution thereof. VII. And to enable the said commissioners of the treasury and auditor general to carry this part of the Ordinance into effect, Be it therefore |