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trators or persons thus nominated, shall have pow. er to choose an umpire to decide on the value of such lands, or amount of such damages, which arbitrament or umpirage, shall be final between the parties: Provided nevertheless, That the said company shall not have power or authority to carry the said canal through the lands of any person or persons whomsocver, without having first made such person or persons full satisfaction for the same, agreeable to such assessment.

And be it enacted by the authority aforesaid, Company

That the said commissioners shall, from time to to fix the time, appoint such toll to be taken for boats and toll to be other vessels passing through the said canal, as .

they may deem reasonable, and is any boat or oilier vessel shall attempt to pass through the said canal, uithout paying such toll, the same shall be liable to be seized by the proper officer of such company, having authority to receive the said toll, wid the said boat or vessel, or any part of the cargo thereof, may be sold for the payment of the said toll, having been first duly advertised for the space

of ten days. Where ca- And be it enacted by the authority aforesaid, nal shall That if the said canal should pass through any any public public or private road of resort, that the said comor private pany shall be obliged to build a bridge over the road.

same, and to keep it in repair at their own expense; to keep an and that the said company shall be obliged to keqp account of a book of their proceedings and expenses, which their pro- shall, when necessary, be open to the inspection of

the legislature, and of the courts of justice; and Shares exempt from that the shares in the said canal, shall be exempt taxes. from taxes, and be considered as personal property,

And be it enacted by the authority aforesaid, John Ball That John Ball, his heirs, executors, administraprivileged. tors or assigns, shall, at all times be at liberty to

flow his fields from the said canal, and to use the same free from all toll, to any part of his plantati, on, but not elsewhere.

And be it enacted by the authority aforesaid, Canal to be That in case said canal be not commenced within commenfive years after the passing of this act, that then five years. and in such case, the law shall be null and void. In the Senate House, the twenty-first Day of December, in

the Year of our Lord one thousand seven hundred and
ninety-nine, and in the twenty-fourth Year of the In-
dependence of the United States of America.

JOHN WARD, President of the Senate.
WILLIAM JOHNSON, Jun. Speaker of

the House of Representatives.

W

An ACT to authorize the Treasurers to pay cer

tain persons therein mentioned, their annuities, and regulating the

payment of annuitants. HEREAS it is found that Joseph Crofts,

Mourning Tyler, Mary Going, Daniel M’cliderff, Henry Casten, Dorothy Loper, Priscilla Liles, William Cauter, Nathan Lusk, Eltanor Rogers, James Swan, David Kerr, John Calhoun, David Jackson, Thomas Davidson, Andrew Pickens, of Abbeville, Samuel Laird, James Breves, Ann Cannon and Sarah Hodge, are respectively entitled to a certain sum of money due to them for annuities, which have not been puid, in consequence of a resolution passed on the tenth day of May, in the year of our Lord one thousand seven hundred and ninety-four, directing the commissioners of the treasury not to pay annuities in future, without the particular order and direction of the legislature:

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 treasurers be, and they are hereby authorized and directed to cause to be paid ers to pay in the manner herein after mentioned, to each of certain an

nuities. the persons aforesaid, an annuity or sum of five pounds in specie, to be calculated from the year one thousand seven hundred and ninety-three, upon their producing certificates to the treasurer of

Treasur

their being by law entitled to such annuities: Provided, That the said persons have not heretofore received any compensation on account of their respective annuities; in n hich case the sum or sums paid them on account thereof, shall be deducted from that which they may become entitled to receive under and by virtue of this act.

And be it further enacted by the authority aforeSums to be said, That the said treasurers be authorized and paid to A. directed to cause to be paid in the manner herein Campbell and M. after directed, to Agnes Campbell, formerly Duff

, Hender. the sum of twenty-five pounds, in full of the arson.

rears of annuity due to her previously to her late marriage; and also the sum of fifteen pounds to Margaret Henderson, due her for arrears of her annuity previous to her late marriage.

And whereas, It has but too frequently happened that public creditors have been the prey of the designing speculator, and it is highly proper, as fır as possible, to guard the unfortunate:

Be it therefore enacted by the authority aforeOrders in said, That the treasurers be, and they are hereby favor of authorized and required to draw orders on the taxants; how collectors of the district in which each of the annuto be paid. itants entitled to the public bounty may reside, in

his or her favor, for the amount which may be due; and the tax collector on whom such order is drawn, is hereby authorized and required to pay out of the public monies then in his hands, or from the first public monies he shall receive, the amount of such order, to the drawer only, and not to his or her agent, attorney or assignee; and if the said collector, having public money in his hands, shall refuse or delay to pay the said order, as aforesaid, or should purchase the said annuity or order, then, and in that case he shall forfeit and be liable to pay double the amount to the said person in whose favor the order was drawn, to be recovered by bill, plaint or indictment, in any court having sullicient jurisdiction, wherein no imparlance or

dilatory plea shall be allowed; and that the offender or offenders, shall, on conviction thereof, be committed to close confinement until the same be . paid.

And be it further enacted by the authority aforesaid, That the treasurers shall not draw any.order Treasurin favor of any annuitant, until he or she shall have ers not to produced, or cause to be produced, a certificate ders in fasigned by one member of the legislature and two vor of anmagistrates, that the person in whose favor the or- unless lisa der is to be drawn, is still livirg, and stating in ing. what district he or she resides. In the Senate House, the twenty-first Day of December, in

the Year of our Lord one thousand seven hundred and
ninety-nine, and in the twenty-fourth Year of the In-
dependence of the United States of America.

JOHN WARD, President of the Senate.
WILLIAM JOHNSON, Jun. Speaker of

the House of Representatives.

An ACT supplementary to an act, entitled, An

act to establish an uniform and more convenient system of Judicature.

E 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 all writs and other process of Process law whatsoever, which shall have been sucd and depending prosecuted according the existing laws, out of and on the ist from any of the courts of common ples, or any of 1800, how the county courts of this state, on or before the first day of January next, and be depending, shall be deemed to all intents and purposes whatsoever, and they are, and each of them is declared to be by virtue hereof legally tested, issued and returnable respectively to the court of that district to which they shall from and after the day aforesaid be by law respectively transferred, therein to be continued and have day, and law, usage or custom to the contrary in any wise notwithstanding; and that all the business now depending in the court of

returnable.

Vardens, shall be transferred in manner aforesaid, to the court of common pleas of Charleston district.

And be it enacted by the authority aforesaid, Process to That all judicial process shall be tested in the name be tested, of the senior associate judge, and signed by the and sealed.

clerk of any of the district courts of this state, and be sealed with the seal of such court, and be made returnable to the clerk of the court to which it shall be returnable, fifteen days next before the sitting of such court; and the said process shall and may Le served in any district of the state.

And be it enacted by the authority aforesaid, How to

Thit in all cases where there shall be two or more proceed defendants in any action, residing in different disfendants tricts, the plaintiff in such action may try the same reside in in the court of the district wherein cither of the different districts.

defendants shall reside, be arrested, or taken.

And be it enacted by the authority aforesaid, That How exe. every execution to be issued from and after the cutions are said first day of January next, out of or from any to be issu- district court in the state, shall be issued from the ed and served af. court of the district in which verdict or judgment ter Janua- shall have been obtained, and shall be tested in the ry 1, 1900.

name of the senior associate judge, and be signed by the clerk, and scaled with the seal of such court, sd shall be served by the sheriff of the district, or his deputy, wherein ihe defendant or his property may be found.

And be it enacted by the authority aforesaid, That Process any writ or other process of law whatsoever, which issued af.

shall be issued out of and from any district court ter January 1, 1800, of the state, from and after the said first day of Ja

nuary next, röturnable to such court at the next January 1, sitting thereof, after the day last aforesaid, shall 1800. bear test on the said first day of January next, any

law, usage or custom to the contrary thereof inany wise notwithstanding.

And be it enacted by the authority aforesaid, Clerk of - That the clerk of any district court, or any justice ny district court, or

of the quorum in the district wherein he shall be

shall bear test from

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