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A.D.1798.

division respectively, with so many of the said blanks as will enable him to perform the duties required under this Act. And each and every tax collector shall, and he is hereby authorized and required to, demand and take from each and every person making a tax return, two copies of such return signed and sworn to as the law directs, to be made out on the said blanks. XVIII. And be it further enacted by the authority aforesaid, That it shall be the duty of each and every tax collector throughout this State, to Return of genemake out a duplicate of the general return which be is by law directed to ral tax. make to the treasurer, and to inclose the same, together with the duplicate of the tax returns by this Act directed to be taken from the individuals of their respective counties and parishes, in a packet directed to the Speaker of the House of Representatives and sealed up; which packet each and every tax collector is hereby required to transmit to the speaker at Columbia on or before the first day of the annual meeting of the Legislature, to the intent that by the due examination thereof by committees to be appointed for that purpose, any improper conduct in any of the aforesaid tax collectors may be detected. And should any tax collector fail to perform the duties required by this and the next preceding clause, he shall forfeit and pay the sum of one hundred dollars, to be recovered of him by any person sueing for the same in any court having competent jurisdiction.

XIX. And be it further enacted by the authority aforesaid, That it shall be the duty of the treasurers to report to the house at their annual session Penalty on deevery instance of default in any tax collector in their divisions respective- faulters. ly; and to instruct the attorney general or solicitors respectively, to prosecute such defaulter as soon as any instance of default shall occur. And it shall also be the duty of the said treasurers respectively, strictly to enforce the means which they are by law authorized to make use of, to compel the tax collectors to the due performance of their duties; and in case any treasurer shall fail to make use of such means, he shall be held to make good any loss which the State shall sustain thereby.

In the Senate House, the sixteenth day of December, in the year of our Lord one thousand seven hundred and ninety-seven, and in the twenty-second 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 establish certain Roads and Ferries; and for other purposes No. 1693. therein mentioned.

(Passed December 21, 1793. See last volume.)

AN ACT to incorporate certain Mechanics, Manufacturers and Handi- No. 1694. crafts, of the City of Charleston, by the name of the "Charleston Mechanic Society."

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A. D. 1798.

No. 1695. AN ACT TO ENABLE THE ASSIGNEES OF BONDS, NOTES OR BILLS, TO

Preamble.

Assignees of

may bring an

own names.

BRING ACTIONS FOR THE RECOVERY OF THE SAME, IN THEIR OWN NAMES.

WHEREAS, many inconveniencies have been experienced from assignees of bonds, notes or bills, not payable to order, or not negociable, being compellable to bring suits for the recovery of monies due thereon in the names of the obligees of said bonds, or the payees of said notes or bills: in 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 the assignee or assignees of a bond, note or bill, may, and bonds,notes,&c he, she or they may, and they are hereby empowered to, bring an action action in their of debt, or any other legal action, for the recovery of the same, in his, her or their own name or names, (styling himself, herself or themselves, in the writ to be issued, the assignee or assignees of the obligee or obligees in said bond, or of the payee or payees of the said note or bill,) any law or practice to the contrary notwithstanding. Provided nevertheless, that nothing in this Act contained shall be construed to preclude any defendant in such action from the advantage of any discounts or defence which he or she would have been entitled unto, had the action been brought in the name of the obligee or obligees of said bond or bonds, or payee or payees of said note or notes, bill or bills.

Proviso.

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

JOHN WARD, President of the Senate.

WM. JOHNSON, Jr. Speaker of the House of Representatives.

No. 1696. AN ACT to revive and extend an Act entitled "An Act to prohibit the importation of Negroes, until the first day of January, one thousand seven hundred and ninety-nine," until the first day of January, eighteen hundred and one.

(Passed December 21, 1798. See last volume.)

No. 1697. AN ACT TO AMEND AN ACT ENTITLED "An Act to amend the several Acts relating to the office and duty of a Coroner, and for settling the fines to be inflicted on Jurors who shall fail to attend, after being duly summoned."

Preamble.

WHEREAS, it may often prove difficult or inconvenient to the coroners in the different parts of this State, to procure a sufficient number of freeholders to constitute juries of inquest :

1. Be it therefore enacted, by the honorable the Senate and House of A.D. 1798. Representatives, now met and sitting in General Assembly, and by the authority of the same, That any and all free white men, of the age of twenty- Persons liable one years or upwards, as well bystanders as others, who may be convenient, to serve on an whether they be freeholders or not, shall be eligible, and inquest. be summay moned and compelled to serve as jurors, on any coroner's inquest that may be necessary to be held over the dead body of any person or persons whomsoever.

fusal.

II. And be it further enacted by the authority aforesaid, That every person summoned to attend and serve as a juror on any coroner's inquest, Penalty for who shall neglect or refuse to attend and serve, (if required,) shall forfeit neglect or reand pay the sum of ten dollars for every such neglect or refusal, unless he shall make a good and sufficient excuse for the same, whenever thereto required by the said coroner.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-third year of American Independence.

JOHN WARD, President of the Senate.

WM. JOHNSON, Jr. Speaker of the House of Representatives.

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AN ACT to incorporate the Saint Andrew's Society of the City of No. 1698. Charleston, in the State of South Carolina.

(Passed December 21, 1798. See last volume.)

AN ACT TO INCREASE THE

NUMBER OF JUSTICES OF THE PEACE IN No. 1699. EDGEFIELD, ABBEVILLE, GREENVILLE, LAURENS, SPARTANBURGH, UNION AND PENDLETON COUNTIES.

WHEREAS, it is deemed expedient to increase the number of justices of the peace for Edgefield, Abbeville, Greenville, Laurens, Spartanburgh, Union and Pendleton counties:

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 number of justices of the peace in Edge- Number of Jusfield, Abbeville, Greenville, Laurens, Spartanburgh, Union and Pendle- tices of Peace ton counties, be, and the same are hereby, increased in each of the said counties, to the number of eighteen; any law to the contrary thereof in any wise notwithstanding.

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

JCHN WARD,, President of the Senate.

increased.

WM. JOHNSON, Jr. Speaker of the House of Representatives..

A. D. 1793.

No. 1700.

AN ACT to incorporate the Georgetown Fire Company.
(Passed December 21, 1798. See last volume.)

No. 1701. AN ACT FOR THE BETTER REGULATING THE STREETS AND MARKETS OF THE TOWN OF COLUMBIA; AND FOR OTHER PURPOSES THEREIN MEN

Preamble.

held.

TIONED.

WHEREAS, the commissioners of the streets and markets of the town of Columbia have, by their petition to the Legislature of this State, set forth, that the powers invested in them by the Act of Assembly, passed in December, in the year of our Lord one thousand seven hundred and ninetyseven, appointing them to their office, are not sufficiently extensive and complete, and not fully calculated for the well governing and regulating the streets and markets of the said town; and whereas, the said commissioners have, in their said petition, prayed for the repeal of the said law:

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and Election to be by the authority of the same, That on the first Monday in April next, and on the first Monday in April in every year thereafter, an election, by ballot, for seven commissioners of the streets and markets, shall be held at some convenient and public place in Columbia; and that all free white inhabitants of the said town, who shall have paid a tax of one dollar the preceding year, towards the support of government in this State, shall be entitled to vote for the said commissioners; and that Simon Taylor, Swanson Lunsford and Samuel Green, shall be, and they are hereby appointed, managers for the first election, and are hereby directed to conduct and manage the said election, and proclaim the same, and give notice, in writing, to the persons elected, of their appointment.

Commissioners to choose a

take oath.

II. Be it further enacted, That the commissioners so elected as before directed shall, at their first meeting, appoint a chairman from among their body, and shall, each of them, before entering on the duties of their office, chairman and take the following oath: "As commissioner of the streets and markets of the town of Columbia, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavors to carry into effect the purposes for which I have been appointed: So help me God." And the said commissioners, or any three of them, shall have power to appoint managers for each succeeding election of commissioners of the town of Columbia. And in case of the death, resignation, or removal out of town, of any commissioner, the said commissioners shall have power, and they are hereby directed, to appoint a day for, and managers to conduct, the election for another commissioner to fill such vacancy occasioned as aforesaid. And it shall be the duty of such managers to give ten days notice, at least, previous to such election.

Vested with the

III. Whereas, the judges of Richland county have heretofore directed same powers as and ordered that the persons liable to work on the roads, living within the commissioners bounds of Columbia, should work on the streets of the said town, and excused them from working elsewhere: Be it therefore enacted, That the

of roads.

commissioners of the streets and markets of the said town shall be, and A.D. 1798. they are hereby, vested with all the powers, within the limits of the said town, that are by law vested in commissioners of the roads where county courts are not established; and the inhabitants of the said town shall be, and they are hereby, excused from working on the public roads without the limits of the said town: That the said commissioners shall have power Power to supto fine and expel all keepers of gaming tables, within the said town, from press gambling the bounds thereof; and to grant tavern licenses, and licenses for retailing and grant licen spirituous liquors, within the limits of the said town, and to receive the fees for the same.

ses.

IV. And be it further enacted, That the said commissioners shall have power to make, establish, and pass all such rules and regulations, within To make rules, the said town, as they may deem proper and requisite for the promotion regulations,&c. of the quiet and safety of the inhabitants of the said town, and for the regulation of the streets and markets; provided such rules and regulations be not repugnant to the existing laws of the State or of the United States; and shall have power to impose, recover and collect, in a summary way, before any two or more of the said commissioners, such fine or fines, on and from any person or persons who may infringe the by-laws, rules and regulations, passed and enacted by the said commissioners. Provided, that no fine or penalty for one and the same offence, shall exceed ten dollars.

market.

V. Be it further enacted, That the said commissioners shall have power, and are hereby directed and required, to appoint a clerk of the market of To appoint a the said town of Columbia, who shall (in addition to any duties which by clerk of the the rules and regulations of the said commissioners may be imposed on him) record the marks and brands of all cattle which may be butchered and brought to the market in Columbia; and shall have such fees and perquisites, and such salary, as the commissioners shall deem reasonable and sufficient.

trees.

VI. Be it further enacted, That the said commissioners shall be, and they are hereby, vested with the right to sell any timber and timber trees, May sell timor other trees, growing or lying on the unsold lots and squares of land, ber and timber and on the streets of the said town of Columbia, and to restrain all persons from cutting and using the same, except under a written order from them, or from such officer as they may appoint to take the charge and care of the same; and such persons as shall transgress the rules and regulations which the said commissioners shall establish for the preserving and securing of the said timber, shall be subject to such fines or penalties as the said commissioners may impose; provided, the said fine or fines do not, for one and the same offence, exceed ten dollars. Provided nevertheless, that the door-keeper, or keeper of the State-house, or such other person who shall undertake to supply fire-wood for the Senate and House of Representatives, shall not be liable to the above restriction.

VII. Be it further enacted, That the funds arising from the tax on the inhabitants, in lieu of the working on the public road, and fines on persons Funds, how to keeping gaming houses and gaming tables, for tavern licenses and licen- be appropriated ses for retailing of spirituous liquors, from the rent of stalls in the market, and for recording, by the clerk of the market, the marks and brands of cattle butchered and sold in the said market, and from the sale of the wood and timber in the said town, and from fines and forfeitures, shall be applied in keeping in repair the said market, and in opening and keeping in good order such streets of the town of Columbia as they shall judge for the convenience and utility of the inhabitants of the said town, and for the payment of the salary of the clerk of the market, and such other officer as

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