Four Associate Judges, each $2,572,

Two Judges of the Court of Equity, each $2,144,

Attorney General, for giving advice to the Governor and other public officers,

in matters of public concern, in addition to his other duties,

$10,288 A.D. 1796. 4,288

860

Three Circuit Solicitors, each $430,

1,290

Treasurer in Charleston, for salary as Treasurer, and for transacting the business of

the Loan Office, and Clerks,

·

2,658

Treasurer in Columbia, for his salary and clerk,

1,290

Clerk of the Senate, and Clerk of the House of Representatives, each $1230,
Two Messengers, one for each house, each $216,

2,460

432

Incidental charges and Contingent accounts passed, delivered the present session,

23,830

Commissioner for settling public accounts, for one year's salary due to him,

The Pilot for the bar and harbor of Georgetown,

8,570

2,144

322

AN ACT TO ENABLE TRUSTEES TO SURRENDER THEIR TRUSTS, IN THE No. 1635.

MANNER THEREIN MENTIONED.

WHEREAS, doubts exist whether the Court of Equity have power to permit trustees to resign their trusts with the consent of the parties enti- Preamble. tled to the use of the trust estate, and to substitute other persons to support the trusts :

Powers of the

trusts.

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 in every case of a trust estate where the person or persons entitled to the use of any property or estate court of equity vested in trustees, being of age, or his, her or their guardian, if under in regard to age, may be willing to have other trustees substituted in the room of" those in whom the legal estate is vested, or to have any one or more trustees substituted in the room of any one or more of the first or former trustees, the court of equity shall be, and they are hereby, authorized to permit such one or more of the first or former trustees to surrender his, her or their trust, and to appoint such one or more trustees in his,

A. D. 1796. her or their room, as to the court of equity may appear fit, proper and advisable; and the trustee or trustees so appointed and substituted shall then be considered, to all intents and purposes, as vested completely and absolutely with all the estate, right, title, interest, powers, privileges and authority, and as liable to all the conditions, terms and restrictions, as that trustee or those trustees were vested with or liable to, in whose stead, room or place he, she or they may be so appointed or substituted; and the first or former trustee or trustees shall be therefrom completely exonerated and discharged. Provided always, that a certificate of such appointment and substitution shall be indorsed by the register or commissioner in equity, upon the original trust deed, if the trust be created by deed, and the deed can be found, and that such a certificate shall be annexed to the original will, if the trust be created by will, and be lodged therewith in the office where the will may be lodged; and that such a certificate shall also be recorded in the Secretary's office, or other office, wherever the deed or will may be recorded or lodged, or ought to be recorded or lodged.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1636. AN ACT to authorize the City Council of Charleston to increase the tax on Licences for retailing Spirituous Liquors; and to exempt certain Officers of the City of Charleston from serving on Juries.

(Passed December 19, 1796. See last volume.)

No. 1637.

Preamble.

Chinquepin
Creek.

AN ACT TO PREVENT OBSTRUCTIONS TO THE PASSAGE OF FISH UP
CHINQUEPIN AND THOMSON'S CREEKS.

WHEREAS, sundry persons, inhabitants of the upper part of Lexington county, as by their petition to the Legislature is set forth, have experienced great inconvenience by obstructions to the passage of fish up Chinquepin Creek; for remedy whereof,

I. 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 every person who hath, or may hereafter erect, any fish dam, hedge, or any other obstruction, across Chinquepin Creek, between the confluence of the said creek with Black Creek and the mouth of Horsepen Branch, shall, by the first day of February next, provide a good and sufficient slope, at least six feet wide, for the passage of fish up the said creek; and upon neglect thereof shall forfeit and pay, to any person who shall inform and sue for the same, the sum of five dollars for every week during which such obstruction shall continue after the time aforesaid.

Provided nevertheless, that nothing herein contained shall be construed to A. D. 1796. prevent the proprietors of lands on the said creek from erecting mills and building mill dams across the same.

Creek.

II. And be it enacted, That every person who hath or shall hereafter erect any fish dam, hedge, or any other obstruction, across Thomson's Creek, in Thomson's Chesterfield county, shall, by the first day of February next, provide a good and sufficient slope, at least six feet wide, for the passage of fish up the said creek; and if such person shall fail or neglect so to do, he or she so failing or neglecting shall forfeit and pay, to any person who shall inform and sue for the same, the sum of five dollars for every day such obstruction shall continue after the time aforesaid.

In the Senate House, the nineteenth of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

AN ACT to permit Miss Fenwick and the Hon. Robert Barnwell to No. 1638. have certain Negro Slaves brought into this State, which they here

tofore sent into the State of Georgia; and for other purposes therein mentioned.

(Passed December 19, 1796. See last volume.)

AN АСТ то AFFORD MORE AMPLE SECURITY TO SUCH PART OF THE No. 1639.
PROPERTY OF THE GOOD CITIZENS OF THIS STATE AS CONSISTS IN NEAT
CATTLE.

WHEREAS, the practice of stealing cattle has become of late very prevalent in several parts of this State, to the great injury of many good citizens holding stock at range; for remedy whereof, and to enable sufferers in some measure to trace their property, and to bring offenders to justice; and whereas, an Act entitled "An Act to establish certain regulations in Georgetown," passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, has been found by experience to be conducive to these desirable purposes:

1. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority

Preamble:

of the same, That the commissioners of the markets in Charleston shall be, Hides and ears and they are hereby, vested with full power, and are required to compel of butchered butchers and others to produce to the clerks of the markets in Charleston cattle to be produced. the hides and ears of all neat cattle, of whatsoever description or age, brought for sale to the said markets; the said ears to be immediately destroyed by the clerk to whom they may be produced, who shall be entitled to demand and receive from all butchers and others bringing the same to

A. D. 1796.

Penalty on neglect.

market the sum of four cents, as a compensation for his keeping a regular account in a book of all the brands and marks of such cattle and of the names of the parties producing them.

II. And be it also enacted by the authority aforesaid, That any butcher or other person who shall neglect or refuse to comply with the terms prescribed by this Act, shall forfeit and pay the sum of ten dollars for every such offence, to be recovered in a summary manner, before the court of wardens in the said town, to be applied by them to the use and benefit of the Orphan House in the same.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

No. 1640. AN ACT to open and keep in repair a Canal to lead from Rogers's Lake into Pedee River.

(Passed December 19, 1796. See last volume.) 1

No. 1641. AN ACT TO CEDE ΤΟ THE UNITED STATES THE JURISDICTION OF A PROPER PLACE, ON NORTH ISLAND, WHEREON A LIGHT HOUSE MAY BE

ERECTED.

WHEREAS, the Congress of the United States, on the twenty-first of February, in the year of our Lord one thousand seven hundred and ninety-four, passed an Act to provide for the erection of a light house for the harbor of Georgetown in this State, and a situation on North Island Preamble. having been deemed the most eligible for that purpose; and whereas, Paul Trapier, Esq. the proprietor of the said island, hath made a gratuitous conveyance, in fee simple, to the use of the United States, for the above purpose, of seven acres of land, situated on the said island, butting and bounding to the eastward on the sea, to the west and north by lands belonging to Mr. Trapier, and on the south by Winyaw Bay; but whereas, it is necessary that, in addition to the said conveyance, there should be a cession, by the Legislature, of the jurisdiction to the said land:

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 lands, conveyed by the said Paul Trapier Jurisdiction of as aforesaid, together with the jurisdiction of the same, as far as the same land for a light shall be incidental and essential for the erection of a light house, forts, magahouse, &c. granted to the zines, arsenals, dock yards, and other needful buildings, and the appointU. States. ment of officers, and the general regulation of the said light house, forts, magazines, arsenals and dockyards, from and after the passing of this Act shall be, and is hereby, ceded to, vested in, and assured unto the United States,

absolutely and for ever. Provided nevertheless, that the said United States A.D. 1796. shall build and sufficiently support, maintain, and keep in good repair, and rebuild when necessary, the said light house, from time to time and at all times hereafter, and shall also erect or cause to be erected proper leading marks to and for or as appending to the said light house, and cause necessary buoys to be stationed in fit places, for the further and better securing the navigation of the same.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

AN ACT TO GRANT TO NATHANIEL TWINING THE EXCLUSIVE PRIVILEDGE No. 1642. OF RUNNING A LINE OF STAGES TO AND FROM CERTAIN PLACES FOR A

LIMITED TIME.

WHEREAS, Nathaniel Twining has presented a petition to the Legislature, praying that an Act may be passed securing to him the exclusive right to run a line of stages from Georgetown in this State, to Charleston, and from thence to Savannah in the State of Georgia, and great convenience and advantage would result to the inhabitants of this State to have such stages established:

Preamble.

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 Nathaniel Twining shall, for the term Exclusive right given to Twiof ten years, have the exclusive right and priviledge of keeping, maintain-ning. ing and running such stages from Georgetown in South Carolina, to Charleston, and from Charleston to the city of Savannah; and that if any person or persons shall within that time, for any hire or reward, make a practice of carrying people in any carriage any where between Georgetown and Charleston, or between Charleston and Savannah river, such person or persons shall forfeit double the amount of any hire or reward so received by him or them, to the said Nathaniel Twining, his executors and administrators, and be liable to a special action for the recovery of the

same.

II. And be it further enacted by the authority aforesaid, That the said Nathaniel Twining, his executors and administrators, shall keep fit, good His duties. – and sufficient stage coaches, and good strong able and proper horses, and suitable and capable drivers for the convenience and accommodation of travellers, and shall be obliged to run a stage at least once in every week from Georgetown to Charleston, and from Charleston to Georgetown, and from Charleston to Savannah river, and from Savannah river to Charleston. And in case the said Nathaniel Twining should neglect, or fail to keep, maintain and support such stage coaches, horses, drivers, or neglect to run the said coaches as often as is required by this Act, upon complaint thereof made, and satisfactory proof given to the court of sessions or common pleas, in any district of this State, he, the said Nathaniel Twining, his executors or administrators, shall forfeit all benefit and advantage resulting to him from this Act, and shall also be liable to an action on the case, at the suit of any VOL. V.-36.