tised in a gazette. sold on a credit of six months; and the purchaser shall give his note, with approved security, to the magistrate, in the name of the commissioners of the roads in the district or parish wherein such estray shall be taken up; which note the said magistrate shall deliver immediately to the said commissioners of the roads for the parish or district in which such estray shall be taken up, who shall have power, in default of payment, to sue for and recover the same. And provided any person doth put in a just and lawful claim to such estray at any time after the sale and before the note becomes due, the commissioners of the roads are hereby directed to give up the note to the claimant, on his paying the customary fees; but if no such owner shall appear, the commissioners of the roads shall cause the amount of the same to be collected, and appropriated to the repairs of the high roads and bridges in the district, county or parish where such estray shall be taken up. And in case any part of the monies aforesaid remains unappropriated, in the hands of the commissioners of the roads, they shall pay over the same to the commissioners of the poor. And be it enacted by the authority aforesaid, Estrays to That all stray horses, asses and mules, besides the be adver- above notice, shall be advertised in the gazette nearest to the place where such estray shall be taken up, for which the printer shall be entitled to one dollar, which shall be paid by the taker up of such estrays, or taken out of the sales of the same. And for all other estrays, the notice required in the first clause above shall be sufficient. And be it enacted by the authority aforesaid, Compen- That the magistrate shall be allowed three quarters sation to of a dollar, and no more, on any horse, ass or mule, concerning which he shall proceed as aforesaid; and the same on a herd of any other estrays; but on a single estray of the kind last mentioned, he shall have one quarter of a dollar; and the con magistrates and constables. stable employed by the magistrate, shall receive half a dollar for every estray by him sold; except for neat cattle, hogs, sheep or goats, for which he shall receive ten cents, and six cents for every mile which he shall necessarily ride while employed as aforesaid, about any estray; the same to be paid by the owner, or from the monies collected on the notes aforesaid. taken up Be it enacted by the authority aforesaid, That if any person or persons shall take up any horse, Estrays mare or gelding, ass or mule, he, she or they may may be put be allowed to put them to moderate labour, as a to modercompensation for keeping the same; and shall be ate labour. liable to an action for damages by the owner of any such estray, for any abuse thereof, if the said owner shall claim the said estray within the time prescribed in this act. And be it further enacted, That each and every person who shall take into his or her possession, Penalty for any estray, and neglect to pursue the directions not pursu of this act, or shall convert to his or her use, any rections of ing the disuch estray, shall be liable to a fine of twenty dol- this act. lars, to be recovered upon information, in any court of record having jurisdiction of the same, within this state, to be given to the informer; and shall also be liable to an action on the case by the owner of any such estray, for damages, notwithstanding. In the Senate House, the seventeenth Day of December, JOHN GAILLARD, President of the Senate. An ACT to authorize the selling of the several court-houses and guols therein mentioned. WH HEREAS by the abolition of the county courts heretofore established in this state, the court-houses and gaols, before that time erect Sheriff's authorized to sell pub lie build ings. tle with county officers. ed in the several counties, for the use thereof, became, in many instances, of no use or public utility: And whereas also, the officers of the said county-courts, had, at the abolition thereof, in many instances, demands against the said counties for services performed, unsatisfied, for which, hitherto there has been no provision made: 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 sheriff's of the several districts within this state, in which are any co irt-houses, gaols or other public buildings, Late the property of any county-court of this state, not at present occupied, nor in any wise made use of by any of the present distric courts within this state, nor in any other manner disposed of by law; except Lancaster and Fairfield, and also except the court-house and gaol of Newberry, be, and they are hereby severally authorized and required to expose to public sale, on some public sale day, in like manner as if the same had been levied upon by a fieri facias, the said several court-houses, gaols and other public buildings within their respective districts as aforesaid, upon a credit oftwelve months, the purchaser giving bond, with sufficient security, to be approved of by the sheriff of such districts, payable to the treasurers of the said state for the time being, or their successors in office. And be it further enacted by the authority aforeComptrol said, That each and every of the said county-court fer to set officers of the counties in which such building or buildings shall as aforesaid be sold, having any demands for services performed under the authority of the said county-courts, unsatisfied, shall cause to be laid before the Comptroller-general, a fair and accurate statement of such demands, certified from the records of the said county-courts by the keeper thereof, and accompanied with an affidavit of such officer, that such account is just and true, on or before the first day of October next. And the said Comptroller-general shall, and he is hereby directed to examine all such accounts, and should he be satisfied of their authenticity, to direct the treasurers of the said state, or either of them, in whose hands, possession or power, are any of the monies arising as aforesaid, from the sales of the said court-houses, gaols and other public buildings, to pay and satisfy all such accounts so audited and passed by him as aforesaid, as far as the said monies will extend: Provided, That the monies so to be drawn from the treasury, and paid as aforesaid, arise from the sale of the public buildings in such district in which such demand is due and unsatisfied, and not otherwise, sale of pu And be it further enacted by the authority aforesaid, That should there be, in any case after Monies satisfying every such demand as aforesaid, an arising overplus of monies arising from the sale of the from the public buildings in any district as aforesaid, that blic buildsuch overplus shall be paid to the commission- ings; how appropriers of the poor for such district. But should ated. there not arise from the sale of the public buildings in any district as aforesaid, a sufficient sum of money to pay and fully satisfy all such accounts and demands of the officers of such district as aforesaid, then and in that case, 'it shall be the duty of the said Comptroller-general, and he is hereby directed to apportion the said monies in average to the several demands certified and authenticated as aforesaid, and direct the said treasurers, or either of them, to pay the several persons having demands as aforesaid, their due average and proportions thereof. from the And be it further enacted by the authority afore- Monies said, That all monies arising from the sale of the arising gaol of the late county-court of Fairfield, under sale of this act, shall be applied and paid towards the dis- Fairfield charge of a certain bond given by the justices of approprithe late county-court of Fairfield, to James Brown, ated. gaol; how The monies aris the sale of court for building the court-house of the said county; any thing in this act contained to the contrary thereof notwithstanding. Whereas, The county-court house and gaol in the district of Lancaster, have been sold by the commissioners appointed to superintend the public buildings of the said district, and the monies thence arising remain in their hands unappropriated : Be it therefore enacted by the authority aforeing from said, That the said commissioners shall immediLancaster ately pay over all such monies às are in their hands as aforesaid, to the treasury of this state, to be apgaol, to be propriated under the direction of the Comptrollerpaid into general, in the same manner as is provided for the the trea- monies arising from the sale of the other countycourt houses and gaols in this state. house and sury. And whereas also, By the late arrangement of the districts of this state, the court-houses and gaols in some of the former districts became, in many instances useless and unnecessary to the administration of justice: Be it therefore enacted by the authority aforeSheriffs to said, That the sheriffs of the several districts as at sell public present established, in which are any such courtbuildings. houses, gaols or other public buildings, heretofore occupied by the former district courts of this state, but at present in no manner employed by any of the district courts, or courts of equity, shall cause the same to be sold in the same manner, and upon the same terms as aforesaid; and the monies thence arising to be paid into the treasury of this state; except the house built at Pinckneyville for the gaoler of Pinckney district, the right of which is hereby vested in Elizabeth Bankhead and her heirs forever. House at ville vest- zabeth Bankhead. In the Senate House, the seventeenth Day of December, in the Year of our Lord one thousand eight hundred and three, and in the twenty-eighth Year of the Independence of the United States of America. JOHN GAILLARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. |