General Mari on and seven men to reside A. D. 1788. service, and if not, such others as his Excellency the Goveruor may think fit and proper; the pay of sergeant to be ten dollars per month, and each of the men one shilling per day, and ten pence each for rations; and which shall be paid quarterly by the commissioners of the treasury, out of the tonnage money imposed upon shipping; and the said Brigadier General Marion, with the seven men so to be appointed, shall reside at Fort Johnston, and shall do and perform all the requisite duties appertaining to the said post. at Fort John ston. In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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. 1409. AN ACT TO DECLARE VOID AND OF NONe effect a GRANT OF LANDS IN THE FORK OF BROAD AND SALUDY RIVERS, UNLAWFULLY OBTAINED. Preamble. WHEREAS, Jonas Beard, in the year one thousand seven hundred and eighty-six, obtained a warrant of survey to appropriate to himself the whole of the vacant lands in the Fork between Broad and Saludy rivers, beginning as far up Broad river as thirty-one miles from the confluence, and run a single line across the neck, until he struck the river Saludy, a distance of about sixteen miles; and passing through sundry settlements, the property of others under former grants, without surveying the course of the rivers, or making any other than a single line. Although he could not possibly know what tracts, or how much vacant lands lay interspersed among the settlements throughout that great body of land, yet he returned into the office a plat thereof, which he laid down from, and according to, Guillard's map, and estimated the quantity at about fifty-one thousand three hundred acres, and passed the same into a grant so suddenly, that the inhabitants whose property was threatened had not information or opportunity to caveat the same. Thus, in order to oblige the inhabitants of that extensive settlement to produce their titles, or if they had lost them in the war, or by other accident, to seize their land as vacant. In order, therefore, to prevent the alarms of the people, and the litigation and suits that may arise from the said unreasonable and unlawful grant ; I. Be it enacted, by the honorable the Senate and House of RepreGrant declared sentatives, in General Assembly met, and by the authority of the same, null and void. the said grant is hereby declared void, and of none effect. In the Senate, Friday, this twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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. A. D. 1788. AN ACT TO PROCURE A CENSUS OF THE FREE WHITE INHABITANTS OF No. 1410. THIS STATE. WHEREAS, the representation in the second branch of the Legislature is not only too great but unequal; and whereas, a perfect knowledge Preamble. of the number of free white inhabitants is necessary for ascertaining a just and adequate representation; take a census 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Militia officers authority of the same, That the commanding officer of every regiment of required to militia throughout this State, shall, within six months after the passing of of the people. this Act, 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 an exact enumeration of all the free white men of every age, from sixteen years and upwards, dwelling within the circle of their respective beats or companies, within one month from the time such orders shall be issued; and within fourteen days thereafter return the same to the commanding officer of the regiment to which he belongs, who shall, within ten days after the receipt of the same, make a general return of the whole number to the commanding officer of the district; and the brigadiers or other officers commanding districts, are required to make out general returns from those made to them, signed by themselves, and return them to the secretary's office on or before the first day of October next. II. And be it enacted by the authority aforesaid, That any officer refus- Penalty on reing or neglecting to execute the same, shall be liable to the penalty of fifty fusal or neglect pounds sterling. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thou sand seven hundred and eighty-eight, and in the twelfth 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 ACT to alter and amend the several County Court Acts. No. 1411. AN ACT to amend an Act entitled "An Act to authorize Commissioners No. 1412. 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 twenty-second day of March, one thousand seven hundred and eighty-five, as relates to the said street." (Passed February 29, 1788. See last volume.) A. D. 1788. No. 1413. AN ACT FOR BUILDING A GOAL WITHIN ONE MILE OF COOSAWHATCHIE BRIDGE, AND FOR REMOVING THE COURT OF BEAUFORT DISTRICT FROM BEAUFORT TO THE SAID PLACE. Preamble. appointed to procure the erection of a jail. WHEREAS, sundry inhabitants in Beaufort district on the main, have, by their petition, represented the great difficulties and inconveniences they experience from the court-house and gaol being on the island of Port Royal; I. Be it therefore enacted, by the honorable the Senate and House of Commissioners Representatives, now met and sitting in General Assembly, and by the authority of the same, That the honorable John Bull and Thomas Heyward, junior, Esquires, Charles Dupont, James Postell, George Hipp, John McPherson, Thomas Hutson, and Samuel Maner, Esquires, shall be, and are hereby appointed, commissioners to agree with any person or persons to erect and build a gaol within one mile of Coosawhatchie bridge; and they are hereby empowered to purchase so much land for the purpose aforesaid, as to them shall seem necessary. To be called one of the jails trict. II. And be it further enacted by the authority aforesaid, That as soon as a good and sufficient gaol shall be finished within one mile of Coosawof Beaufort dis- hatchie bridge, as aforesaid, the jurors to be summoned for Beaufort district shall be summoned to appear at the said place, where the courts of common pleas and the general sessions of the peace shall then and thereafter be held; and the said gaol shall be deemed and called one of the gaols of Beaufort district. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independ ence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1414. AN ACT for incorporating divers Religious Societies therein named. (Passed February 29, 1788. See last volume.) No. 1415. AN ACT to incorporate the Vestries and Churchwardens of the Episcopal Churches in the Parishes of St. Luke, St. Matthew, Prince George, Winyaw, St. Stephen, and St. James, Goose Creek, and also the Vestries and Churchwardens of the Episcopal Churches of Claremont and of St. Helena Island. (Passed February 29, 1788. See last volume.) A. D. 1788. AN ORDINANCE AUTHORISING HIS EXCELLENCY THE GOVERNOR TO No. 1416. 1 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 Governor emof the same, That his Excellency the Governor for the time being shall powered to be, and he is hereby, fully authorised and empowered to appoint commis- appoint comsioners in the several circuit districts of this State, to contract with proper missioners. persons to undertake the repairing or rebuilding (where necessary) of the court house and gaol in each of the said districts; and he is also hereby authorized to give orders on the treasury in favour of the said commissioners for defraying the expense thereof, to be paid out of such money as has been by law appropriated for the above purpose. In the Senate, Friday, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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 ACT TO SUSPEND THE OPERATION OF THE LIMITATION ACT FOR No. 1417. THE TIME THEREIN MENTIONED, AND TO ALTER AND AMEND THE SAID Limitation Act 1. Be it enacted, by the honorable the Senate and the House of Representatives, and by the authority of the same, That the operation of an Act entitled "An Act for settling the titles of the inhabitants of this Province suspended till to their possessions in their estates within the same, and for limitation of March 28,1791. actions, and for avoiding suits at law," passed the twelfth day of December, in the year of our Lord one thousand seven hundred and twelve, shall be, and the same is hereby, suspended, so far as the same shall extend to actions of debt, covenant, assumpsit, trover, and detinue, until the twentyeighth of March, one thousand seven hundred and ninety-one. age. II. And be it enacted by the authority aforesaid, That persons under twenty-one years shall be allowed five years after attaining the said age to Persons under prosecute their right or title to lands, four years after attaining such age to prosecute any personal action, to which they are or may be entitled; any thing in the said Act passed the twelfth day of December, one thousand seven hundred and twelve, to the contrary hereof in any wise notwithstanding. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth 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. A.D. 1788. No. 1118. AN ACT TO ESTABLISH THE BOUNDS OF THE PRISONS OR COMMON GAOLS IN THE SEVERAL DISTRICTS AND COUNTIES OF THE STATE. Preamble. Prisoners' bounds on extended. WHEREAS, humanity requires that the confinement of prisoners on civil process should be less rigorous than it has hitherto been; I. Be it enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That all prisoners on mesne process in any civil action, who are or shall be committed to the custody of any or either of the sheriffs of the counties or districts of this State, on complying with the requisitions contained in mesne process this Act, shall be entitled, in every day during his, her or their confinement, to be and remain unmolested in any part of the rules, bounds or limits of the prison where he, she or they shall be confined; which rules, limits or bounds shall extend to three hundred and fifty yards in a direct line from each side of the prison walls; and the said rules, limits or bounds shall be marked out and ascertained in some distinct manner, by the respective sherifls of each district and county, within one month after passing this Act, that the same may be publicly and generally known. given. II. And be it further enacted by the authority aforesaid, That no person Security to be committed on mesne process as aforesaid shell be entitled to the benefit of the said rules, limits or bounds, before he or she shall have given satisfactory security to the sheriff of the district or county where he or she may be confined as aforesaid, not to go or be without the said rules; and the sheriff shall be answerable for the solvency of such security. Prisoners on III. And be it further enacted by the authority aforesaid, That all prisoners in execution on any civil process, who are or shall be committed to the civil process. custody of any or either of the sheriffs of the districts or counties of this State, shall be entitled to the benefit of the said rules, bounds or limits, provided he or she shall, within forty days after being taken in execution, give satisfactory security to the sheriff of the district or county where he or she may be confined (for the solvency of which security the sheriff shall also be answerable) that he or she will not only remain within the said rules, bounds or limits, but will also, within forty days, render to the clerk of the court in the district or county where he or she shall be confined, a schedule, on oath or affirmation, (agreeable to the form of his or her religious persuasion,) of his or her whole estate, or of so much thereof as will pay and satisfy the sum due on the execution by force of which he or she shall be confined. on oath of his estate. IV. And be it further enacted by the authority aforesaid, That any Prisoner to ren- prisoner confined on mesne process shall have liberty to render, at any der a schedule time during his or her confinement on such process, a schedule, on oath or affirmation, (agreeable to the form of his or her religious persuasion,) of his or her whole estate, or of so much thereof as will pay and satisfy the sum really due on the action on which he or she may be confined; and the clerk of the court in the district or county where he or she shall be confined, within ten days after the receipt of the schedule from the prisoners confined as aforesaid on execution or mesne process, as the case may be, shall give public notice that the prisoner will be liberated and the property assigned, unless satisfactory cause is shewn to the contrary before one or more of the judges of the court where the process originates, or one or more of the commissioners appointed for taking special bail in the circuit district; and if no satisfactory cause shall be then shewn to the contrary, the judge or justice, or commissioner of special bail, before whom the |