A. D. 1805. AN ACT TO AMEND AN ACT ENTITLED "An Act to appoint Eschcators No. 1869. and to regulate Escheats." WHEREAS, in and by the Act entitled "An Act to appoint escheators and to regulate escheats," it is enacted, that escheators shall be appointed by the joint ballot of the Senate and House of Representatives, and commissioned by the Governor or Commander-in-chief, who shall execute the duties of their office in person, and not by deputy, and give bond, and take the oath in the said Act mentioned and recited. And whereas, the Legislature of the State have heretofore given and bestowed on divers corporations in this State, instituted and established for charitable and other laudable purposes, portions of such property as hath or may hereafter escheat, and to which the State hath or may become entitled unto as escheats, with liberty to said corporations, respectively, to act as escheators; and it being impossible for corporations to act in person, or to take the oath prescribed as aforesaid, 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 in all cases wherein the State hath heretofore Preamble. to escheats. or shall hereafter relinquish or cede to any body corporate or politic, any Powers of cerpart or portion of property which hath or may hereafter revert to the State tain corporaas escheated property, that the said corporations respectively shall have, tions relative and are hereby declared to have, full power and authority in relation to the property so ceded, to nominate and appoint escheators, who, on giving bond in the sum required in and by the aforesaid Act, and taking the oath therein prescribed, shall be commissioned as escheators aforesaid, (with limited power and authority as aforesaid) by the Governor and commander in-chief for the time being; and the escheators to be appointed and commissioned shall execute their office in proper person, and not by deputy, and be vested with all the powers and authority with which escheators in and by the Act aforesaid are declared to be invested with; any thing in the said Act to the contrary thereof in any wise notwithstanding. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. AN ACT to enable Budcade Matthews and Mary Ekelsale to bring No. 1870. into this State certain Negro Slaves from the Bahama Islands. A. D. 1805. No. 1871. AN ACT to enforce the due observance of the Military law, so far as the same relates to Captains Jacob Drayton and William Rouse. (Passed December 19, 1805. See last volume.) No. 1872. AN ACT TO AUTHORIZE THE TREASURER TO PAY TO DAVID R. WILLIAMS THE AMOUNT OF A GENERAL INDENT AND A SURPLUS CErtifi CATE. WHEREAS, David R. Williams hath petitioned the legislature to make some provision for the payment of a general indent of the State of South Carolina, number one hundred and ninety-nine, book E, for fortynine pounds, and a surplus certificate, signed by John Neuville, Esquire, dated the ninth day of July, one thousand seven hundred and ninety-two, for ninety-two dollars and sixteen cents, which were lost. 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 Felix Warley, Esquire, treasurer of the lower division, be, and he is hereby, authorized and required to pay the amount or market value of the said certificate and indent, upon the said David R. Williams making oath that they were his property, and are lost. Provided nevertheless, that the said David R. Williams give bond and security to the treasurer of the State aforesaid, in double the amount thereof, to indemnify the State against the same. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. 1 ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1873. AN ACT TO PREVENT THE OBSTRUCTIONS TO THE PASSAGE OF FISH UP THE ENOREE AND CERTAIN OTHER RIVERS. Obstructions to be removed. 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 now hath, or may hereafter erect, any dam, hedge or other obstruction across Enoree river, or any part thereof, so as to prevent the passage of fish up said river, shall, by the first of October next, provide a good and sufficient slope or sluice, at least twenty feet wide, for the passage of fish up the said river, the said slope or sluice to be kept free from any trap, weir or other obstruction which might impede or prevent the passage of fish up or through such slope or sluice A. D. 1805. aforesaid; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same, before any justice of the peace, the sum of twelve dollars for every twelve hours during which such obstruc- Penalty for not tion shall continue after the time aforesaid, until the first day of March removing them, next; and such slopes or sluices shall, in like manner, be kept open from the last day of January until the first day of May, inclusive, in every year thereafter, under the penalties aforesaid. Broad rivers II. And be it further enacted, That the said Enoree river shall be kept How far the open as aforesaid, from Reuben Gun's mill down to the confluence of the Enoree and aforesaid river and Broad river; and also that Broad river be kept open are to be kept in the same manner, and under the same penalties as aforesaid, to the dis- open. tance of four hundred yards below the confluence of the said Broad and Enoree rivers. ces in said ri III. And be it further enacted, That Benjamin Herndon, John M'Morress, William Calmes, John Pucket, John Farrar, George Mosely and Commissioners Ebenezer Moss, be, and they are hereby appointed, commissioners to view appointed to and superintend the slopes or sluices aforesaid; and they, or any three of superintend the them, are hereby authorized and empowered to adjudge the sufficiency or slopes or sluiinsufficiency of the slopes or sluices aforesaid; and the justice of the peace vers. before whom any such suit may be brought, is hereby authorized to summon any three of the aforesaid commissioners who may be most convenient, and who do not otherwise attend, to view and report to him the sufficiency or insufficiency of the slopes or sluices complained of, who shall give his judgment accordingly. Broad and Ca IV. And be it further enacted by the authority aforesaid, That if any person or persons shall put traps or any kind of obstruction in the Cataw- tawba rivers to ba or Broad rivers, so as not to leave a free passage of fifty feet in the be kept open. principal channel of the rivers aforesaid, then and in that case every person so offending shall forfeit and pay to the informer, for every twelve hours twelve dollars, to be recovered before any justice of the peace. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. PRINCIPAL SUMS ARISING FROM THE AN ACT TO AUTHORIZE CERTAIN COMMISSIONERS TO LOAN OUT THE No. 1874. 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 so much of the clause of an Act entitled "An Act to establish a new district therein mentioned," passed on the nineteenth day of December, one thousand eight hundred and one, as relates to the appro A.D.1805. priation of the money arising from the sale of certain lots in Conwayborough, be, and the same are hereby, repealed; and that Henry Durant, Benjamin Gauze, Anthony Pawley and Edward Connor, be, and they are lots in Conway- hereby appointed, commissioners to supply the vacancies occasioned by the borough, how death of Samuel Foxworth, and the resignation of William Verreen, Wilto be disposed liam Williams and John Graham, and in addition to the commissioners ap Proceeds of of. pointed under the aforesaid Act, and passed in the year of our Lord one thousand eight hundred and one; and they, or the majority of them, be, and they are hereby, authorized and empowered to continue the sale of the said lots, and to receive the money arising from such sale, and to put to and keep at interest the principal sums arising from such sale, and to appropriate the interest arising therefrom to the educating of poor orphan children, and the children of poor parents who are not able to educate them. II. And be it enacted by the authority aforesaid, That all persons whom it may be necessary to commit to gaol for the commission of any crime within the limits of Horry district, be committed to the gaol of Georgetown district, as heretofore, until the gaol of Horry district be completed. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1875. AN ACT TO RAISE SUPPLIES FOR THE YEAR ONE THOUSAND EIGHT HUNDRED AND FIVE; AND FOR OTHER PURPOSES THEREIN MENTIONED. Rate of taxa 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 a tax, for the sums and in the manner hereinafter mentioned, shall be raised, and paid into the public treasury of this State, and for the use and service thereof. II. And be it enacted by the authority aforesaid, That twenty-five cents per centum ad valorem be paid in specie or paper medium on all tion on lands. lands granted within this State, under the several regulations hereinafter expressed. Class No. 1 shall contain all tide swamp of the first quality, not generally affected by the salts or freshes, which shall be rated at twenty-six dollars per acre; all tide swamp of the second quality, not generally affected by the salts or freshes, which shall be rated at seventeen dollars per acre; all tide swamp of the third quality, not generally affected by the salts or freshes, which shall be rated at eight and a half dollars per acre; all pine barren lands adjoining such swamps, or contiguous thereto with respect to the benefit of water carriage, which shall be rated at two dollars per acre; all prime inland swamp, cultivated and uncultivated, which shall be rated at an average of thirteen dollars per acre; all inland swamp of the second quality, which shall be rated at eight and a half dollars per acre; all inland swamp of the third quality, which shall be rated at four dollars per acre; pine barren lands, adjoining or contiguous thereto, which shall be rated at one dollar per acre; and all salt marsh, or inland swamp, clearly proved to the collectors to be incapa ble of immediate cultivation, which shall be rated at one dollar per acre. Class No. 2 shall comprehend all high river swamps and low grounds, cultivated and uncultivated, including such as are commonly called second low grounds, lying above the flow of the tides, and as high up the country as Snow Hill on Savannah river, and the fork of Broad and Saluda rivers on the Congaree, Graves's Ford on the Wateree, and the boundary line on Pedee; the first quality to be rated at thirteen dollars per acre; the second quality at eight and a half dollars per acre; the third quality at four dollars per acre; except such as may be clearly proved to the collectors to be incapable of immediate cultivation, which shall be assessed at one dollar per acre. Class No. 3 shall comprehend all high river swamps and low grounds, lying above Snow Hill, the fork of Broad and Saluda rivers, Graves's Ford on the Wateree, and the old Indian boundary line, which shall be rated at three dollars per acre. Class No. 4 shall comprehend all high lands without the limits of St. Philip's and St. Michael's parishes, within twenty miles of Charleston, and on John's Island and James's Island, which shall be rated at four dollars per acre. Class No. 5 shall comprehend all lands on the Sea islands, (Slann's island included,) or lying on or contiguous to the seashore, usually cultivated, or capable of cultivation, in corn, cotton or indigo, not within the limits prescribed in class No. 4, which shall be rated at four dollars per acre. Class No. 6 shall comprehend all oak and hickory high lands lying below Snow Hill and the fork of Broad and Saluda rivers, Graves's Ford, and the new boundary line on Pedee, and not included in the limits or description of the two preceding classes, numbers 4 and 5, which shall be rated at three dollars per acre. Class No. 7 shall include all pine barren lands not included in classes numbered 1, 4 and 5, which shall be rated at twenty cents per acre. Class No. 8 shall comprehend all oak and hickory high lands lying above Snow Hill, the fork of Broad and Saluda rivers, and Graves's Ford, the first quality of which shall be rated at one and a half dollars per acre; the second quality, at one dollar per acre; and the third quality at forty cents Class No. 9 shall comprehend all oak and hickory high lands above the old Indian boundary line, the first quality of which shall be rated at one dollar and twenty cents per acre; the second quality at sixty cents per acre; and the third quality, at twenty cents per acre. Class No. 10 shall include all lands within the parishes of St. Philip's and St. Michael's, which shall be assessed in the same manner and upon the same principles as houses and lots in Charleston, and in a relative proportion to lands in the country. per acre. A. D. 1805. III. And be it enacted by the authority aforesaid, That fifty cents per head shall be levied upon all slaves; and the sum of two dollars per Rate of taxing head on all free negroes, mulattoes, and mestizoes, between the ages slaves, &c. of fifteen and fifty; and twenty-five cents ad valorum on every hundred dollars of the value of all lands, lots and buildings within any city, village, or borough; and fifty cents per centum on all stock in trade, factorage, employments, faculties and professions, (clergymen, schoolmasters, schoolmistresses and mechanics excepted,)-to be ascertained and rated by the assessors and collectors throughout the State, according to the best of their knowledge and information; to be paid in paper medium or specie. IV. And be it enacted by the authority aforesaid, That all negroes and other slaves who are employed on any lands leased by any person or Slaves employpersons of the Catawba Indians, shall be, and they are hereby made, lia-ed on Indian ble to the payment of this tax. But nothing in this Act contained shall be construed to impose any tax upon the property or the estate of any religious society, or the South Carolina Society, the Winyaw Indigo Society, or the lands. |