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A. D.1803.

AN ACT TO ALTER AND AMEND AN ACT ENTITLED "An Act concerning No. 1817.

Estrays."

WHEREAS, the present Act entitled "An Act concerning Estrays," Preamble. is found to be inconvenient:

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 from and after the passing of this Act, if any Estrays taken estray shall be found wandering in or about the plantation of any freehold-vised and er or settled resident, he, she or they are hereby authorized and empow- appraised. ered to take the same into possession, and shall advertise the same within three days thereafter, in three or more public places in the said county or parish wherein the said person or persons, so taking up the said estray, may reside; and the said person or persons shall, within ten days after advertising as aforesaid, take such estray to the nearest magistrate; excepting hogs, sheep, neat cattle or goats, which shall be appraised at the place taken up. And the said magistrate shall cause the same to be appraised, on oath, by three proper persons in the vicinage, who shall certify such their appraisement under their hands; which certificate shall also contain an accurate description of the colour, size, age, brands and marks, of said estray; all which being done, the said magistrate shall enter the said certificate at large in his toll book; and shall, within ten days thereafter, send a duplicate of the said certificate to the clerk of the court of the district in which the said estray shall be taken up; except in the districts of Charleston and Beaufort, who shall enter the same at large in a book to be kept by him for that purpose, which shall always be subject to the examination of any person requiring to examine the same. And for making the said Compensation entry, for each horse, mare, ass and mule, shall receive fifty cents; and for to magistrates for tolling. each head of neat cattle, and for each head of hogs, and sheep or goats, he shall be entitled to receive twelve and a half cents, to be paid him by the person who shall take up the same.

sold, unless

II. And be it enacted by the authority aforesaid, That where no owner shall appear and prove his property within six months after the posting up the advertisement aforesaid, it shall be lawful for the magistrate before Estrays to be whom such estray shall be brought, and he is hereby required, to cause the claimed within same to be publicly advertised for ten days, and sold on a credit of six six months. 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,

[graphic]

ted to the repairs of the high roads and bridges in the dis-
parish where such estray shall be taken up. And in case
monies aforesaid remains unappropriated, in the hands of
roads, they shall pay over the same to the com-

he authority aforesaid, That all stray horses,

A. D. 1804.

No. 1826. AN ACT to establish Williamsburgh County, according to its present limits, into a Circuit Court District.

(Passed December 21, 1804. See last volume.)

No. 1827. AN ACT to erect and establish Lexington County into a Circuit Court District; and for other purposes therein mentioned.

(Passed December 21, 1804. See last volume.)

No. 1828. AN ACT TO INCREASE THE NUMBER OF JUSTICES OP THE QUORUM AND OF THE PEACE IN SEVERAL OF THE DISTRICTS OF THIS STATE.

Additional number of Justices.

WHEREAS, it is expedient and necessary to increase the number of justices of the quorum and justices of the peace in several districts in this State:

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 from and immediately after the passing of this Act the number of justices of the quorum and justices of the peace in the several districts in this State, hereafter mentioned, shall be increased in manner following, that is to say:

For the district of Fairfield, three justices of the quorum, in addition to the number already allowed by law.

For the district of Edgefield, three justices of the quorum and three justices of the peace, in addition to the number already allowed by law.

For the district of Chester, one justice of the quorum and one justice of the peace, in addition to the number already allowed by law.

For the district of Union, two justices of the quorum, in addition to the number already allowed by law.

For the district of York, two justices of the quorum and one justice of the peace, in addition to the number already allowed by law.

For the district of Greenville, three justices of the quorum and four justices of the peace, in addition to the number already allowed by law.

For the district of Spartanburgh, two justices of the quorum and two justices of the peace, in addition to the number already allowed by law. For the district of Richland, one justice of the quorum and two justices of the peace, in addition to the number already allowed by law.

For the district of Winton, two justices of the quorum and three justices of the peace, in addition to the number already allowed by law.

For Lewisburgh, in the district of Orangeburgh, one justice of the quorum, in addition to the number already allowed by law.

For St. John's, Colleton, one justice of the quorum and one justice of the peace, in addition to the number already allowed by law.

For Pendleton, five justices of the quorum and twelve justices of the peace, in addition to the number already allowed by law.

For the parishes of St. Philip's and St. Michael's, two justices of the A. D.1804. quorum and three justices of the peace, in addition to the number already allowed by law.

For Newberry district, two justices of the quorum and three of the peace, in addition to the number already allowed by law.

For Laurens district, two justices of the quorum and four of the peace, in addition to the number already allowed by law.

For the parish of Prince William, one justice of the peace, in addition to the number already allowed by law.

For Abbeville district, four justices of the quorum, in addition to the number already allowed by law.

For the election district of Williamsburgh, two justices of the quorum and two of the peace, in addition to those already allowed by law.

For the parish of St. Luke, one justice of the quorum and two of the peace, in addition to those already allowed by law.

For the election district of Kingston, two justices of the peace, in addition to the number already allowed by law.

For the district of Marion, two justices of the quorum and two of the peace, in addition to the number already allowed by law.

For St. George's, Dorchester, one justice of the quorum and one of the peace, in addition to the number already allowed by law.

For the district of Kershaw, one justice of the quorum and one of the peace, in addition to the number allowed by law.

For the parish of St. James, Goose Creek, one justice of the quorum and two of the peace, in addition to those allowed by law.

For the parish of All Saints, four justices of the quorum and five justices of the peace.

For Prince George, Winyaw, one justice of the peace, in addition to those already allowed by law.

For St. Paul's parish, two justices of the quorum and one justice of the peace, in addition to those already allowed by law.

For Lancaster district, two justices of the quorum, in addition to those now allowed by law.

II. And be it enacted by the authority aforesaid, That Darlington district shall have one justice of the quorum and one justice of the peace, in addition to the number now allowed by law.

For the parish of St. Bartholomew's, two justices of the quorum and three of the peace, in addition to those now allowed by law.

III. And be it further enacted by the authority aforesaid, That the treasurers of the upper and lower divisions of the treasury, the clerks of Justices ex the several courts of record in this State, the ordinaries, registers of mesne officio. conveyance, and notary publics, shall be, and they are hereby declared to be, ex-officio, justices of the quorum, so far as relates to the duties of their respective offices, in addition to the several justices of the quorum heretofore appointed; any law, usage or custom to the contrary notwithstanding.

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

JOHN WARD, President of the Senate.

W. C. PINCKNEY, Speaker of the House of Representatives.

A.D. 1804.

No. 1829. AN ACT concerning the line of division between this State and the
State of North Carolina.
See Vol. I.
See Vol. I. p. 415.)

(Passed December 21, 1804.

No. 1830. AN ACT to authorize the City Council of Charleston, with the consent of Congress, to impose and levy a duty on the tonnage of ships and vessels, for the purpose therein mentioned.

(Passed December 21, 1804. See last volume.)

No. 1831.

AN ACT for extending the incorporation of the Saint Andrew's

Society.

(Passed December 21, 1804. See last volume.)

No. 1832. AN ACT TO APPOINT COMMISSIONERS TO CAUSE TO BE RUN OUT AND MARKED THE DIVISION LINE BETWEEN THE DISTRICT OF Chester

FIELD AND THE DISTRICT OF DARLINGTON; AND FOR other purposes

THEREIN MENTIONED.

WHEREAS, it is necessary and proper that the line of division already fixed by law between the district of Chesterfield and the district of Darlington, in the State aforesaid, should be run out and marked:

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 William Falconer, Major J. Dewit, on the part and behalf of the district of Chesterfield, and Captain John Norwood and Alexander M'Intosh, on the part and behalf of the district of Darlington, or a majority of them, be commissioners, to have full power to cause the said line of division, as now fixed by law, between the said districts, to be run out and marked; and to procure and employ surveyors and axe men to assist them in running and marking the same.

II. And be it further enacted by the authority aforesaid, That the legislature will provide the necessary expenses to be incurred by carrying the foregoing Act into effect.

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

JOHN WARD, President of the Senate.

W. C. PINCKNEY, Speaker of the House of Representatives.

A. D. 1804.

AN ACT APPROPRIATING THE SUM OF ONE THOUSAND Two HUNDRED No. 1833 DOLLARS FOR THE PURCHASE OF ABRAHAM; AND FOR OTHER PURPOSE.S

THEREIN MENTIONED.

WHEREAS, a certain negro man named Abraham, belonging to Mr. William Kirk, has rendered certain meritorious services to this State, for which he ought to be rewarded:

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 Comptroller general be, and he is hereby, authorized and directed to issue his warrant, directed to the treasurer of Charleston, to pay over to him the sum of one thousand two hundred dollars; and the said sum, when received, to apply to the purchase of the said negro man Abraham; and to take and receive from his present master, William Kirk, a receipt for the same, expressing to be the full consideration for the said negro Abraham; and the said receipt to record in the office of the Secretary of State; and on the recording thereof, the said negro man Abraham shall be, and he is hereby declared to be, emancipated, and for ever set free; any law, usage or custom to the contrary in any wise notwithstanding.

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

JOHN WARD, President of the Senate.

W. C. PINCKNEY, Speaker of the House of Representatives:

AN ACT to incorporate the several Religious Societies therein

mentioned.

(Passed December 21, 1804. See last volume.)

No. 1834.

AN ACT to vest in James H. Ancrum and his heirs and assigns, for No. 1835. a term of years, the Bridge called Rantole's Bridge and causeway, to fix the rates of toll thereof, and for other purposes therein mentioned; and for establishing certain other Ferries and Bridges; and appointing certain Commissioners of Roads in this State.

(Passed December 21, 1804. See last volume.)

VOL. V.-61.

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