A.D. 1787. Sheriff to pay into the public treasury. Sheriff, &c. to keep entry of fines. II. And be it further enacted by the authority aforesaid, That the sheriff of each district or county, and every justice of peace, or clerk of any court, after receiving any fine or forfeiture, shall, as soon as may be, pay the same fines received into the public treasury, (excepting such fines and forfeitures, so to be recovered, shall be appropriated for the use of such county,) in such manner as shall be directed by a majority of the judges thereof; and if any sheriff or his deputy, or any clerk of a court, shall keep in his hands any moneys which shall be recovered by or paid to him, for any fine or forfeiture, for any space of time more than two calendar months after such moneys shall have been delivered to him, he shall forfeit treble the amount of the sum so detained. And every sheriff, justice, and clerk of a court, shall cause to be kept a just and regular entry of all fines and forfeitures that shall come into his hands respectively; and if any fraud or wilful failure shall be committed by any sheriff, deputy sheriff, justice, clerk of a court, or a constable, Penalty in case in levying, paying or accounting for, any fine or forfeiture, and be thereof convicted, the offender shall forfeit treble the sum whereof there shall be committed fraud or failure, and be thereafter incapable to hold his office. Provided, however, that all such forfeited recognizances, or any fines imposed for trespass or misdemeanor or for default of jurors, shall be subject to the payment of three pounds sterling for every session sermon that shall be preached at any district court; provided also, that if any person shall forfeit a recognizance from ignorance or unavoidable impediment, and not from wilful default, the court of sessions may, on affidavit stating the excuse or cause thereof, remit the whole or any part of the forfeiture, as may be deemed reasonable. of fraud, &c. Proviso. Former act repealed. III. And be it further enacted by the authority aforesaid, That an Act passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, for estreating forfeited recognizances, shall be, and the same is hereby, repealed. In the Senate House, the twenty-seventh 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. 1354. AN ORDINANCE for appointing Commissioners for cleansing, clearing and making navigable Chechesey Creek, in the room of those who are dead, with authority and powers contained in the Act of the General Assembly for cleansing, clearing and making navigable the said Creek, passed the nineteenth of March, one thousand seven hundred and fifty-six. (Passed March 27, 1787. See last volume.) No. 1355. AN ACT to establish a Company for the opening of the navigation of the Catawba and Wateree Rivers. (Passed March 27, 1787. See last volume.) AN ACT TO AUTHORISE EXECUTORS TO SELL AND CONVEY LANDS OF WHEREAS, doubts have arisen respecting the powers of executors to sell and convey the lands of their testator, where the said testator has Preamble. directed that the same shall be sold, but has not declared by whom the said sale be made; 1. 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 Lawful for quasame, That whenever any person has directed or shall direct by his or her lified executors last will and testament, duly executed in the presence of three or more to sell land,&c. credible witnesses, that his or her lands shall be sold for the payment of his or her debts, or for the purpose of distributing the money which may arise from the sale thereof among his or her legatees, then and in every such case it shall and may be lawful to and for the executors of such person, or the majority of such executors as shall qualify on the said will, if no person is expressly named for that purpose, to sell and convey the said lands, agreeable to the intention of the testator. II. And be it further enacted by the authority aforesaid, That if the executor or executors should die, or renounce according to law, then, and Executors dyin that case, the administrator or administratrix, with the will annexed, ing or renouncing. shall be authorised by this Act to sell the real estate of the said deceased, as directed in and by the will. In the Senate House, the twenty-seventh 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. AM ACT for incorporating divers Religious Societies therein named. (Passed March 27, 1787. See last volume.) No. 1357. AN ACT FOR NATURALIZING RICHARD CHAMPION AND HIS DESCENDANTS, No. 1358. AND HUGH ALEXANDER NIXON. WHEREAS, the said Richard Champion, a native of England, hath, by his petition to the Legislature, humbly prayed that he and his descend A. D.1787. ants might be partakers of the rights, privileges and immunities which the natural-born citizens of the State of South Carolina do enjoy ; 1. 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 Richard Champion, a native of England, now R. Champion a resident at Rocky Branch, in the district of Camden, on taking and subadmitted to be scribing the oaths of allegiance and abjuration before any one of the assoa citizen. ciate judges of the court of common pleas of this State, he and his descendants shall be deemed and adjudged and taken to be natural-born citizens of the State aforesaid, to all intents, constructions and purposes, as if he or they or either of them had been or were born within the State aforesaid; and which said oaths any one of the said judges for the time being is and are hereby authorised and empowered to administer; any law, usage or custom to the contrary thereof in any wise notwithstanding. Nixon. II. And whereas, Hugh Alexander Nixon, a native of Ireland, hath Also Hugh A. served in the navy of this State for upwards of three years, in the late war against Great Britain, and hath ever since resided in the said State, and hath petitioned to be admitted to citizenship.; Be it enacted by the authority aforesaid, That after the said Hugh Alexander Nixon shall have taken the oaths as before prescribed, he and his descendants shall be thereafter naturalized and be invested with all the rights and privileges to a free citizen belonging. In the Senate House, the twenty-seventh 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. 1359. AN ACT to authorise Commissioners for continuing East Bay Street to Ashley River; to make a new assessment for completing the same; and to repeal such clauses of the High-road Act, passed the twentysecond day of March, one thousand seven hundred and eighty-five, as relate to the said Street. (Passed March 27, 1787. See last volume.) No. 1360. AN ACT TO ALTER THE PLACES OF HOLDING THE ELECTIONS FOR MEMBERS OF THE LEGISLATURE, FOR THE PARISHES THEREIN MENTIONED. Preamble. Places of election altered. WHEREAS, the holding of the elections for the members of the Legislature, at the parish churches of the parishes of All Saints and Prince Frederick's, are inconvenient and partial, inasmuch as the said parish churches are not centrically situated; 1. Be it therefore enacted, by the authority of the honorable the Senate and House of Representatives, now met and sitting in General Assembly, That all elections in future for members of the Legislature which shall hereafter be held in the parishes of All Saints and Prince Frederick's, A. D. 1787. shall be at the west end of Long Bay for the parish of All Saints, and at George White's, at Indian Town, for the parish of Prince Frederick's. In the Senate House, the twenty-seventh 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 ORDINANCE to empower Commissioners therein named to cut No. 1361. and sink Drains and Water Passages in the Swamps and Savannahs formed by Wannel's, otherwise called Cuckold's Creek,a branch of Combahee River. (Passed March 27, 1787. See last volume.) AN ACT TO REGULATE THE FUTURE ELECTIONS OF DELEGATES TO No. 1362. WHEREAS, by the fifth of the articles of confederation and perpetual union of the United States of America, it is agreed that for the more convenient management of the general interest of the United States, delegates shall be annually appointed, in such manner as the Legislature of each State shall direct, to meet in Congress on the first Monday in November Preamble. in every year, with a power reserved to each State to recal its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year; and whereas, by the twenty-second article of the Act for establishing the constitution of the State of South Carolina, passed the nineteenth day of March, one thousand seven hundred and seventy-eight, it is constituted and enacted that the delegates to represent this State in the Congress of the United States be chosen annually by the Senate and House of Representatives, jointly, by ballot, in the House of Representatives; and whereas, the United States in Congress assembled, on the twenty-third day of March, one thousand seven hundred and eightyfour, resolved that the several States be requested annually to appoint their delegates to serve in Congress, for one year, to commence on the first Monday in November next ensuing the time of their appointment, and it is expedient to conform the future appointment of delegates to represent this State in the Congress of the United States to what appears to have been the intention of the articles of confederation and perpetual union and the said resolution of the United States in Congress assembled ; I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, That the Delegates delegates elected on the sixth day of March instant, to represent this State in the Congress of the United States, be furnished with commissions under VOL. V.-3. appointed. A. D. 1787. the great seal of this State, attested by the Governor, and authorised to represent this State in the Congress of the United States, from the date of the said commissions until the first Monday in November next exclusive, and no longer, by virtue of such election and commission. Other del sent. II. And be it further enacted by the authority aforesaid That the other delegates, also elected on the eighth day of March instant, to represent egates, to suc- this State in the Congress of the United States, be furnished with like ceed the pre- commissions, under the great seal of the State, attested by the Governor, and authorised to take their seats in the Congress of the United States on the first Monday in November next, and to continue to represent this State in the said Congress of the United States until the first Monday in November then next ensuing, which will be in the year of our Lord one thousand seven hundred and eighty-eight. elected at the III. And be it further enacted by the authority aforesaid, That in future Delegates to be the election of delegates to represent this State in the Congress of the mecting of the Untied States shall annually be made at the meeting of the Legislature, in Legislature. the beginning of each year, and such delegates commissioned to take their seats in Congress on the first Monday in November next ensuing their election. Provided, that nothing in this Act, or in the commissions to be given to such delegates, shall be construed to bar the Legislature of their State from recalling any delegate or delegates, so elected and commissioned, at any time within the year for which he or they may be appointed, and sending others in his or their room and stead; in which case, such delegate so sent in the room of any other that may be recalled, or that may die, or resign his seat in Congress, shall be commissioned and authorised to sit and represent this State in Congress only for the residue of the time not completed by such person so recalled, dying, or declining to serve the State in the Congress of the United States; any law, usage or custom to the contrary notwithstanding. Vacancies how to be filled. IV. And be it further enacted by the authority aforesaid, That if any vacancy shall hereafter happen in the delegation from this State to the Congress of the United States, by death, resignation, or refusal to act, during the recess of the Legislature, that it shall and may be lawful for the Governor and Commander-in-chief for the time being, by and with the advice and consent of the honorable the Privy Council, to appoint and commission, in manner aforesaid, any such fit and proper person and persons as they may think expedient, to sit and represent this State for the residue of the term not completed by such person dying, declining or refusing to represent this State in Congress, as aforesaid. In the Senate House, the twenty-seventh 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. 1363. AN ACT to incorporate the Vestry and Churchwardens of the Episcopal Church of the Parish of Christ Church. (Passed March 27, 1787. See last volume.) |