A. D. 1802. houses. of tobacco in this State, so small a quantity of that article is brought to the Charleston inspection as to render the funds arising therefrom totally inadequate to meet the expenses of the institution, and to pay the expenses already incurred, without other sources. And whereas, the said commissioners, conceiving that they are not authorized by the law under which they act to rent or hire out any of the warehouses under their care and superintendance, have prayed the legislature that their powers may be enlarged, and that they may be permitted to rent out one or more of the tobacco warehouses, as they may deem necessary, (always reserving sufficient store room for tobacco,) for the purposes of storing of cotton, or any other article, and to affix such rent or storage as they may think adequate, and to collect the same, or to appoint the inspector or inspectors of tobacco to receive and pay the same into the hands of commissioners, in aid of defraying the necessary expenses of the institution : 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 powers and duties of the commissioners Cotton may be stored in the of the tobacco inspection in Charleston, and of the inspector and inspectors tobacco ware- there employed, shall be, and the same are hereby, enlarged and extended so far as to enable the said commissioners to receive into the tobacco warehouses, or any part thereof, on store, cotton or other articles of produce, or any articles of merchandize or otherwise, according to their discretion, from any person or persons whomsoever, on the best terms that can be obtained for the same, not exceeding the usual rates of storage in Charleston, and to apply the monies arising therefrom to the same purposes as are directed in and by an Act entitled "An Act for regulating the inspection and exportation of tobacco, and for other purposes therein mentioned." And the inspector and inspectors aforesaid are hereby directed and required to collect and pay into the hands of the commissioners aforesaid the amount of the storage that may arise as aforesaid, in the same manner as they are directed in and by the aforesaid Act with respect to the storage of tobacco. Provided always nevertheless, that all such cotton, or other articles, that may be received on store, shall be received on the express condition that the same, or any part thereof, may, at any time, be removed, at the discretion of the commissioners aforesaid, whenever, in their opinion, the whole or any part of the said warehouses may be wanted for the purpose of storing tobacco. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the Independence of the United States of America. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. No. 1789. AN ACT to incorporate the Marlborough Academy, the Philomatic Society of Marion District, and the Jefferson Monticello Society of Fairfield District. 435 A. D. 1802. AN ACT TO PREVENT THE UNNECESSARY ATTENDANCE OF WITNESSES IN No. 1790. COURTS OF JUSTICE. WHEREAS, a great delay of justice is experienced by compelling witnesses to bonds and notes to attend the courts of justice, and same: prove the 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 from and after the fifteenth day of February next, the absence of a witness to any bond or note shall not be deemed a good cause, by any court of justice, for postponing a trial respecting the same; but that the signature to such bond or note may be proved by other testimony; unless the defendant, at the time of filing his or her plea, shall swear, or affirm, according to the form of his religious profession, that the signature of the bond or note in suit is not his or hers; nor in case the defendant or defendants should be executors or administrators, shall the cause be postponed for want of the subscribing witness to the bond or note in suit, but the signature may be proven by other testimony; unless one of the executors or administrators, who are defendants, shall swear, or affirm, as aforesaid, at the time of filing his or her plea, that they have cause to believe the signature to such bond or note is not the testator's or intestate's, as the case may be. Provided always, that nothing herein contained shall prevent the court from postponing such trial, if in their opinion a sufficient cause shall be assigned for such postponement. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the Independence of the United States of America. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. AN ACT to incorporate the State Bank; and imposing certain restrictions No. 1791. on the Directors, Officers and Servants of Banks in this State. (Passed December 18, 1802. See last volume.) AN ACT TO AUTHORIZE THE DRAWING OF JURIES FOR HORRY DISTRICT; No 1792. AND FOR OTHER PURPOSES THEREIN MENTIONED. 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 same, That it shall be lawful for the clerk of Horry district to require, by a summons under his hand and seal, the attendance of four justices, whereof two shall be of the quorum, to be and appear at the court house of the said district on the second Monday in February next, and that the clerk Juries for Hor drawn. A.D.1802. and sheriff of the said district shall then and there proceed to draw, in the presence of the justices aforesaid, a lawful number of jurors from the jury box of the said district, according to the directions or references containry, how to be ed in an Act of Assembly of this State, passed on the eighteenth day of December, in the year of our Lord one thousand seven hundred and ninetynine, entitled "An Act for the establishment of an uniform and more convenient system of judicature;" which jurors so drawn are hereby declared, to all intents and purposes, lawful jurors, to sit, try and determine all matters in the said courts for the said district, at the next spring circuit, that may be brought before them respectively; and that no challenge, either to the array, the pannel or the poll, shall be admitted against such jurors, or any of them, on account of their having been drawn in the manner above provided; any act, matter, clause, usage, custom or law to the contrary notwithstanding. Jurors to be summoned. II. And be it further enacted by the authority aforesaid, That the said clerk of the court of the district of Horry aforesaid be, and is hereby, authorized and required to issue a writ of venire facias, directed to the sheriff of Horry district, who shall summon the jurors so drawn as aforesaid to appear and serve at the said court; and that all jurors so to be summoned, and failing to attend agreeably to such summons, shall be, and they are hereby declared to be, subject to the penalties prescribed by law against defaulters in like cases. III. And be it further enacted, That all suits and prosecutions now depending in Georgetown district, where the defendant or defendants shall reside or may have been arrested within the limits of Horry district, shall be transferred to the said last mentioned district for trial and determination. IV. And be it further enacted, That Richard Green, Samuel Foxworth, and Henry Durant, be, and they are hereby appointed, commissioners for the purpose of taking bond and security from the clerk and sheriff of the said district of Horry, according to law. V. And be it further enacted, That the office of register of mesne conveyance shall be vested in the clerk of the said district court for the time being. VI. And be it further enacted by the authority aforesaid, That it shall be the duty of the sheriff of the district aforesaid to procure a jury list, agreeably to the Act of the legislature prescribing the mode of obtaining jury lists, to be made and completed ten days previously to the time hereby fixed for drawing a jury for the district aforesaid. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the Independence of the United States of America. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. No. 1793. AN ACT to confirm the by-laws of the Protestant Episcopal Church of St. Philip in Charleston, and to enable the Congregation thereof to alter the same, or substitute new by-laws, under certain restrictions. (Passed December 18, 1802. See last volume.) A. D. 1802. AN ACT TO AUTHORIZE JOSIAH PENDARVIS, TOGETHER WITH HIS ISSUE, No. 1794. TO CHANGE THEIR PRESENT SURNAME OF PENDARVIS TO THAT OF BEDON. WHEREAS, Josiah Pendarvis has petitioned the Legislature to change his present surname, together with that of his present and future issue, to Bedon: Preamble. to Bedon. 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 said Josiah Pendarvis, together with his Name of J.Pendarvis changed present issue, be, and they are hereby, authorized to change their present surname to that of Bedon; and that he and they shall hereafter be known and distinguished in law, and in all transactions in law, wherein he or they may be bound or obliged, or wherein any person or persons may be bound or obliged to him or them, by no other surname than that of Bedon. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the Independence of the United States of America. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. AN ACT AUTHORIZING THE COMMISSIONERS for disposing OF THE PUBLIC No. 1795. MENTIONED, AND TO CONVEY CERTAIN SQUARES TO THE TRUSTEES OF THE WHEREAS, the board of trustees of the College of South Carolina, in locating the spot which appeared to them the most proper for the site Preamble. of the above mentioned college, have discovered that parts of the squares comprised therein have been sold to private persons, who are willing to relinquish their purchases: 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 upon the several persons hereinafter mentioned, who have purchased lots or squares in the town of Columbia, or Bonds to be their legal representatives, producing to the commissioners for disposing cancelled. of the public land in the town aforesaid, certificates from the board of trustees of the college aforesaid, that they have executed to them full and sufficient conveyances, in fee simple, of the squares and lots hereinafter particularly described, the commissioners aforesaid are hereby authorized and directed to cancel the following bonds, to wit: the bond of George Wade, for the purchase of two acres, making part of the square bounded by Richardson, Divine, Sumter and Green streets; also the bond of William Cunnington, for the purchase of the square bounded by Sumter, Green, Marion and Medium streets; also the bond of Thomas Rhett Smith, for the purchase of the square bounded by Sumter, Blossom, Marion and Divine streets; also the bond of Ezekiel Pickens, for the purchase of the square bounded by Marion, Divine, Bull and Green streets; and also the A. D. 1802. bond of Bartlee Smyth, for the purchase of the square bounded by Marion, Green, Bull and Medium streets. Conveyance II. Be it further enacted by the authority aforesaid, The commissioners aforesaid shall be, and they are hereby, authorized and directed for the college. to convey to the trustees aforesaid, in fee simple, the square bounded by Sumter, Divine, Marion and Green streets, in the town aforesaid; also the square bounded by Marion, Blossom, Bull and Divine streets; and the half square, adjoining Wade's purchase, bounded by Richardson, Divine, Sumter and Green streets, as aforesaid. III. And be it further enacted by the authority aforesaid, That the trustees aforesaid shall be, and they are hereby, authorized and empowered to stop up or enclose all or any part of Green, Marion or Divine streets, which are included within and bounded by Bull, Blossom, Sumter and Medium streets. IV. And be it further enacted by the authority aforesaid, That until the salaries of the faculty of the said college shall commence, the comptroller be authorized and empowered, upon application of the said trustees, to pay to them or their order, towards purchasing a philosophical and mathematical apparatus and library for the said college, the annual sum appropriated by law for such college. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the Independence of the United States of America. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. No. 1796. AN ACT TO PERMIT THE HONORABLE ELIHU HALL BAY TO LEAVE WHEREAS, the Honorable Elihu Hall Bay, one of the associate judges of the State, has requested permission to leave the State: 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 said Elihu Hall Bay be, and he is hereby, authorized to leave the State, for any time not exceeding one year. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and of the Independence of the United States of America the twenty-seventh. JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. No. 1797. AN ACT to incorporate the several Societies therein mentioned. (Passed December 18, 1802. See last volume.) |