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A. D. 1799.

No. 1718. AN ACT to revise and amend an Act entitled "An Act to establish an uniform and more convenient system of Judicature."

(Passed December 18, 1799. See last volume.)

No. 1719. AN ACT TO AUTHORIZE DAVID CAMPBELL TO PLACE A DAM ACROSS EDISTO RIVER.

Preamble.

David Camp

bell authorized

to place a dam

across Edisto

river.

dam,

WHEREAS, David Campbell has peritioned the Legislature for leave to place a dam across Edisto river, at or near a canal leading to the mills of the said David Campbell; and whereas, it is found that the same can be done without injury to the citizens of this State.

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 said David Campbell is hereby authorized to place a dam at or near the canal leading to his mills, not to exceed in height three feet above low water mark, with a good and sufficient slope of three hundred feet, and booms above and below the same; upon the condition that the said David Campbell, his heirs, executors, administrators or assigns, shall and do at all times keep the said dam, slope and booms in good and sufficient repair, so that no obstruction or impediment be afforded thereby to rafts, boats and fish passing up and down the said river, or to the overflowing of any lands, not his own, adjacant thereto.

II. And be it further enacted by the authority aforesaid, That any person or persons who shall conceive him, her or themselves to be injured by the Remedy for in- said dam, shall state, on oath, the particular nature of the injury he, she or jury by the they complain of, before any one justice of the quorum, resident in Colleton or Orangeburgh districts, who shall have power to summon a jury of any twelve men, freeholders, residing within twenty miles of the said dam, to try the same; and the said justice of the quorum is hereby empowered to summon the said jury, and to compel their attendance, under a penalty not exceeding twenty dollars, to be recovered in any court of record; also to compel the attendance of all necessary witnesses in the said trial, under a penalty not exceeding ten dollars; and if a majority of the said freeholders should be of opinion that the said dam is an obstruction or injury to the party complaining or people living on the said river, then and in that case the said justice of the quorum shall have power, and is hereby directed and empowered, to cut the said dam, and fully clear the river of all obstructions from the same, at the cost and expense of the said David Campbell, his heirs, executors, administrators or assigns, and to levy by execution the expenses of removing such obstruction, on the property of the said David Campbell, his heirs, executors, administrators or assigns; unless the holders of the said property, for the benefit of which said dam is to be built, shall choose to remove, and shall in manner aforesaid remove, the said dam, within twenty days after the determination of such jury that the same shall be removed,

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand seven hundred and ninety-nine, and in the twenty-fourth 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,

A. D. 1799.

AN ACT GRANTING THE RIGHTS
ALIEN FRIENDS, RESIDING, OR
LIMITS OF THIS STATE.

AND

PRIVILEGES

OF DENIZENSHIP TO No. 1720. INTENDING TO REMOVE, WITHIN THE

come denizens.

1. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Who may beof the same, That from and immediately after the passing of this Act, all free white persons, (alien enemies, fugitives from justice, and persons banished from either of the United States, excepted,) who now are, or hereaf ter shall become, residents in this State, shall, on taking and subscribing the oath or affirmation of allegiance before one of the judges of the court of common pleas, be deemed denizens, so as to enable such persons to purchase and hold real property within this State, and in all other respects to entitle such person to the like protection from the laws of this State as citizens are entitled unto.

II. And be it further enacted by the authority aforesaid, That the judge before whom such oath shall be taken, shall certify the same, in which certificate, when given to a family, shall be inserted the name and age of each, together with the place of their nativity and former residence, all which shall be declared on oath by the head of each family; and when given to a single person, his or her place of nativity and former residence shall be inserted; which certificate shall be recorded in the office of the secretary of State, either in Charleston or Columbia, within sixty days.

III. Be it enacted by the authority aforesaid, That any person or persons neglecting to record their certificates aforesaid within the time limited by this Act, shall be deprived of any benefit to be derived from the same. IV. Be it further enacted by the authority aforesaid, That the secretary of the State shall be authorized to demand for recording each certificate for one person, twenty-five cents; and for a family not exceeding three, fifty cents; and exceeding that number, one hundred cents for any record aforesaid. Provided that nothing herein contained shall be construed to confer on any denizen the right of voting at any election for members of either branch of the Legislature, or for any public officer of this State, or of being eligible as a member of either branch of the Legislature, or to any office of trust or profit in this State.

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 Independence of the United States of America.

JOHN WARD, President of the Senate.

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

Certificate.

Fee.

Proviso.

AN ACT TO REGULATE THE PAY OF THE MEMBERS OF THE LEGISLA- No. 1721. TURE, DURING THEIR ATTENDANCE UPON THE SAME; AND ALSO OF THE

CIRCUIT SOLICITORS.

WHEREAS, the present pay of the members of the Legislature, at the Preamble. rate of seven shillings per day, is evidently indequate to the defraying of

A.D.1799. their expenses during their attendance upon their duties as members of the

same:

I. Therefore be it enacted, by the honorable the Senate and the House of Compensation Representatives, now met and sitting in General Assembly, and by the of members of authority of the same, That from and after the next general election of

the Legisla

ture.

Of the Solicitors.

members of the Legislature, the members of the Legislature who shall hereafter assemble under the Constitution of this State, shall be entitled to receive out of the public treasury, as a compensation for their expenses, the sum of two dollars and a half per day during their attendance, and going to and returning from the legislature, allowing each member to travel at the rate of thirty-five miles per day.

II. And be it further enacted by the authority aforesaid, That the circuit solicitors who shall hereafter attend on any future Legislature, shall severally be entitled to receive out of the public treasury, in addition to their fixed salary, the sum of two dollars and a half for each day during such their attendance.

2

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 Independence of the United States of America.

JOHN WARD, President of the Senate.

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

No. 1722. AN ACT TO EXPLAIN AN ACT ENTITLED "An Act to regulate the opening of Dams across Rice grounds, and the making and keeping up Dams for reservoirs of water," PASSED ON THE ELEVENTH DAY OF MARCH, IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN

HUNDRED

AND EIGHTY-SIX; AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, doubts have arisen under the said Act:

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 nothing contained therein shall be construed to authorize any person or persons to keep water at any time on any lands other than his, her or their own.

II. And whereas, by the second section of an Act entitled "An Act to empower commissioners therein named, to cut, sink and keep in repair drains and water passages in Cacaw Swamp, in the parish of St. Paul's, it is provided that a majority of the commissioners therein appointed, or their successors, shall have power to nominate three disinterested freeholders of the parish, who shall fix and ascertain, upon oath, the value of all the swamp lands lying in the neighbourhood of the said canals, or either of them, and the ratio or proportion in which they will be benefited by the same, and also the ratio or proportion in which the negroes belonging to the owners of the said lands, and liable to work on the said drains and canals, ought to be assessed, according as their lands may be benefitted thereby, and shall deliver to the said commissioners the valuation and ratio so made, under their hands and seals; and whereas, the said commissioners, in pursuance of the aforesaid Act, have from time to time appointed freeholders

for the foregoing purposes, who being uninterested in the issue of the undertaking, and amenable to no penalty, have forborne to fulfil the duties prescribed thereby; for remedy whereof, Be it enacted by the authority aforesaid, that the duties, powers and authorities delegated to the said freeholders, shall be, and they are hereby, transferred to the commissioners for sinking the said drains, who shall be sworn to the due performance thereof.

III. And be it further enacted by the authority aforesaid, That the said commissioners shall be vested with all the powers and authorities of the commissioners of the high roads; and they, or a majority of them, are hereby empowered, at any time from and after the passing of this Act, to call out and employ all the male slaves residing or employed on any lands within the limits of the aforesaid drains or canals, for carrying into effect the above purposes.

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 Independence of the United States of America.

JOHN WARD, President of the Senate.

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

A. D. 1799.

AN ACT TO VEST IN THE REV. SIMON FELIX O'GALLAGHER, PASTOR, No. 1723.
AND OTHERS COMPOSING THE VESTRY OF THE INCORPORATED ROMAN
CATHOLIC CHURCH OF CHARLESTON, THE

RIGHT OF THE STATE IN

A CERTAIN LOT OF LAND SUPPOSED TO BE ESCHEATED.

WHEREAS, the Reverend Simon Felix O'Gallagher, minister and pastor, and James Moles, John Sutton, Samuel Corbett, Patrick Byrnes, Francis Mulligan, Edmund Mead Phelon, Christopher M'Donald and Richard Brenan, vestry, of the incorporated Roman Catholic church of Preamble. Charleston, in behalf of themselves and other the members of the said church, have, by their petition to the Legislature, represented that Joseph Mincon, late of the city of Charleston, deceased, a member of, and much attached to, the said church, was, in his life time and at the time of his death, possessed of some personal property, and also of a lot of land, situate on the north side of Queen-street, between Union-street and the Bay, containing in front on the said street, twenty-five feet nine inches, and in depth, eastwardly and westwardly, fifty-two feet six inches, and northwardly on the back line nineteen feet six inches; and which said lot of land is butting and bounding northwardly on land belonging to Thomas Roper, Esq., eastwardly on lands of Theophilus Elsworth, southwardly on Queenstreet aforesaid, and westwardly on a lot now or lately belonging to the estate of Thomas Odinsell Elliott, Esq.; and which said lot of land, it is suggested, has, from a default of heirs, become escheated to the State. And whereas, it appears from the said petition, and the affidavits accompanying the same, that it was the intention of the said Joseph Mincon to have made his will and to have bequeathed and devised the whole of his estate, both real and personal, to the use of the said church, and that he was only prevented from the execution of his purpose by the suddeness

A. D. 1799. of his death. And whereas, it would be unbecoming the liberality of the Legislature to avail itself of an accident, to the injury of the said church :

Grant of land, &c. to the

Catholic
Church.

Minister and

ed escheators.

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 all the right, title, interest or claim, which has or may accrue to the State, in the said lot, by escheat or otherwise, be, and the same are hereby, vested in the said Simon Felix O'Gallagher, minister and pastor, and James Moles, John Sutton, Samuel Corbett, Patrick Byrnes, Francis Mulligan, Edmund Mead Phelon, Christopher M'Donald and Richard Brenan, composing the vestry of the said incorporated Roman Catholic church, in trust for the use and benefit of the said church.

II. And be it further enacted by the authority aforesaid, That the said Simon Felix O'Gallagher, pastor, and Charles Crawly, James Moles, John vestry appoint- Sutton, Samuel Corbett, Patrick Byrnes, Francis Mulligan, Edmund Mead Phelon, Christopher M'Donald and Richard Brenan, be, and they are hereby appointed, escheators, and vested with all the powers and authorities vested by law in the escheators of this State, so far as the same may be necessary towards prosecuting the right of the State to the lot above mentioned. Provided nevertheless, that nothing in this Act contained shall be construed to prejudice the rights of any person or persons claiming under the said Joseph Mincon, either by descent or purchase.

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 Independence of the United States of America.

JOHN WARD, President of the Senate.

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

No. 1724. AN ACT to prevent the opening of Streets, Lanes, Alleys and Courts, within the City of Charleston, without permission specially obtained.

(Passed December 21, 1799. See last volume.)

No. 1725. AN ACT to incorporate the Baptist Church at the head of Enoree river, by the name of "The Head of Enoree Baptist Society."

(Passed December 21, 1799. See last volume.)

No. 1726.

AN ACT to incorporate the Charleston Water Company.
(Passed December 21, 1799. See last volume.)

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