A. D. 1808. be the duty of the sheriffs to serve all writs of subpoena which may be delivered to them for service, and that they shall be entitled to receive the same fees therefor as for the service of summary processes, and mileage on each ticket. Sheriff to serve all writs of subpœna. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and thirty-third year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1916. AN ACT requiring the Major Generals of Militia of this State to cause one uniform system of evolutions to be adopted by the Cavalary within their respective divisions; for perfecting the several officers of Militia throughout this State in their military duty; and for other purposes therein mentioned. (Passed December 17, 1808. See last volume.) No. 1917. AN ACT to incorporate the South Carolina Homespun Company. (Passed December 17, 1808. See last volume.) No. 1918. AN ACT TO MAKE PROVISION BY LAW FOR ANY CHILD OR Children that MAY BE BORN SUBSEQUENT TO THE MAKING AND EXECUTING THE LAST WILL AND TESTAMENT OF ANY PERSON, BUT PREVIOUS TO THE DECEASE OF SUCH PERSON; AND AMENDATORY OF THE ACT ABOLISHING THE RIGHTS Preamble. OF PRIMOGENITURE. WHEREAS, great and serious inconveniencies have arisen from the unequal distribution of property amongst families, which, by right and the ties of consanguinity, have an equal claim, by reason of no provision having been heretofore made by law for such child or children: 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Provision to be authority of the same, That from and immediately after the passing of this made for chil- Act, that any child or children of any person, which may be born after the dren born after making and executing the last will and testament, but previous to the the will, &c. decease of such person, shall be, and is hereby, provided for in the same manner as posthumous children are provided for in and by an Act of the Legislature, passed the thirteenth day of March, one thousand seven hundred and eighty-nine, entitled "An Act directing the manner of granting probates of wills and letters of administration, and for other purposes therein mentioned;" any thing heretofore to the contrary thereof in any wise notwithstanding. A. D. 1808. II. And be it further enacted, That so much of the Act entitled "An Act for the abolition of the rights of primogeniture, and for giving an equitable Part of former distribution of the real estate of intestates, and for other purposes therein Act repealed. mentioned," passed the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, as enacts "that no personal estate which shall be acquired by any person after the making of his or her will, shall pass thereby, unless the said will be republished," be, and is hereby, repealed; and that such person shall not be considered as having died intestate as to such personal property. In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives. AN ACT TO VEST TWO TRACTS OF LAND ON EDISTO ISLAND IN THE No. 1919. MEMBERS OF THE EPISCOPAL CHURCH OF EDISTO ISLAND. Preamble. WHEREAS, a petition has been presented to the Legislature by sundry persons, inhabitants of Edisto Island, St. John's Colleton, praying that two pieces of land in the said Island, which have escheated to this State, may be given to the members of the Episcopal Church of Edisto Island; 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 two tracts of land, containing about eighty Land vested in the Episcopal acres, heretofore belonging to a Baptist church established on the said Church of island, and given by the Rev. Mr. Tilly, which said church has become Edisto Island. extinct by the death or removal of all its members, shall be, and they are hereby, vested in the members of the Episcopal church of Edisto Island aforesaid, and their successors, forever, for the use of the said church. Provided nevertheless, that nothing herein contained shall be construed to bar the right of any individual or society claiming the same lands; and provided, such claim be judicially established in some court of law or equity in this State, within twenty-one years from and after the passing of this Act; and provided also, that the said congregation shall cause this Act to be published in one of the gazettes of this State twice in each year of the term specified above. In the Senate House, the fifteenth day of December, in the year of our Lord one thousand eight hundred and eight, and of the Sovereignty and Independence of the United States of America the thirty-third.. SAMUEL WARREN, President of the Senate. THEODORE GAILLARD, Speaker of the House of Representatives. Proviso. A. D.1808. No. 1920. AN ACT FOR COMPELLING ALL MASTERS OF VESSELs Lodging SEAMEN IN THE GAOLS OF THE SEAPORT TOWNS, TO GIVE SECURITY FOR TAKING WHEREAS, great injury has arisen from masters of vessels and others lodging seamen in the gaols of this State : 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, all masters of vessels, and others, lodging seamen in the gaols of this State, for desertion, shall, previously thereto, give bond with security to the sheriff of the district, to be by him approved, in the sum of five hundred dollars, for every seaman so lodged in any gaol in this State, with a condition that he or they shall be bound to take away the said seaman or seamen from the gaol, and pay the expenses thereof. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and of the Independence of the United States of America the thirty-third. SAMUEL WARREN, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1921. AN ACT to alter and amend "An Act to incorporate Charleston;" and for other purposes therein mentioned. (Passed December 15, 1808. See last volume.) No. 1922. AN ACT TO SUSPEND FOREVER THE SALE OF CERTAIN LANDS THEREIN Preamble. Sale of lands suspended. MENTIONED. WHEREAS, great hardship and injury may result to many of the inhabitants of this State, by the sale of certain lands directed to be sold by an Act entitled "An Act supplementary to an Act entitled An Act for declaring the powers and duties of the enquirers, assessors and collectors of the taxes, and of other persons concerned therein." 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 sale of all the lands contained within the bounds of the several grants exceeding six hundred and forty acres, now remaining within the Secretary's office of this State, and which have been there detained for default in the payment of the purchase money by the respective grantees, be, and the same are hereby, forever suspended; any thing in the said recited Act, or any other Act or Acts, to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That the several A. D. 1808. sheriffs in this State be, and they are hereby, commanded and required to return into the secretary's office all the grants of any such lands now in their possession respectively. Sheriffs to return grants of such lands. Secretary of III. Aud be it further enacted by the authority aforesaid, That the Secretary of State shall on no pretence whatsoever deliver the grants of any State to keep of the aforesaid lands to the grantees, but shall, for ever hereafter, safely such grants. keep all the grants of the said lands in his said office. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Sovereignty and Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. AN ACT TO AMEND AN ACT ENTITLED "An Act to cede to the United No. 1923. WHEREAS, by an Act passed the nineteenth day of December, one thousand eight hundred and five, entitled "An Act to cede to the United States various forts, fortifications, and sites for the erection of forts," it is enacted that a quantity of land, not exceeding four acres, for a battery or fort, and necessary buildings, on Doctor Blythe's point of land, at the mouth of Sampit river, shall be ceded to the United States; and whereas, it is necessary to cede a greater quantity of land for the purposes aforesaid: Preamble. to the U. States 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 there shall be, and hereby is, granted to the Grant of land United States of America, all the right, title and claim of this State to a for a fort. quantity of land, not exceeding six acres, on Doctor Blythe's point of land at the mouth of Sampit river, adjoining and in addition to the quantity of land, not exceeding four acres, by the Act aforesaid granted to the United States, for a battery or fort and necessary buildings. II. And be it enacted by the authority aforesaid, That Joseph Alston, Savage Smith, Benjamin Huger, John Keith and Paul Trapier, or any Commissioners three of them, be, and they are hereby appointed, commissioners, and au- appointed. thorized to locate, by proper metes and bounds, at the expense of this State, so far as the charges of surveyors shall be incurred, the above mentioned quantity of land; and who shall return into the office of the Secretary of this State, on or before the first day of June, in the year one thousand eight hundred and nine, a fair plat of survey and accurate description of the said land so ceded, setting forth the limits and bounds of the same. III. And be it further enacted by the authority aforesaid, That all the provisions, restrictions and clauses contained in the aforesaid Act, applicable and relative to the quantity of land, not exceeding four acres of land, on Doctor Blythe's point of land, at the mouth of Sampit river, thereby ceded to the United States, shall be, and the same are hereby declared to be, A. D.1808. applicable and relative to the quantity of land, not exceeding six acres, by this Act ceded and granted to the United States. Land near to the U. S. IV. And be it enacted by the authority aforesaid, That five acres of the public lands near the town of Beaufort, including the site of Fort Beaufort ceded Lyttleton, be ceded to the United States, for the purpose of erecting a fort; and that Colonel Colcock, Stephen Elliott and Samuel Lawrence, be commissioners to locate the same; and that the said commissioners be, and are hereby, vested with the powers, and are required to perform the duties, prescribed by the preceding clause of this Act. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight, and in the thirty-third year of the Sovereignty and Iudependence of the United States of America. SAMUEL WARREN, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1924. AN ACT amending the Charter of the Winyaw Indigo Society; and for other purposes therein mentioned. (Passed December 15, 1808. See last volume.) No. 1925. AN ACT to incorporate the several Societies therein mentioned. (Passed December 17, 1808. See last volume.) No. 1926. AN ACT TO ENABLE THE CATAWBA INDIANS TO MAKE LEASes of their LANDS FOR LIFE OR LIVES, OR TERMS OF YEARS; AND FOR OTHER PURPOSES THEREIN MENTIONED. Preamble. Catawba lands may be leased for life, &c. Governor to WHEREAS, it is expedient that the Catawba Indians should have the power to grant and make leases for life or lives, as well as for terms of years, of the lands vested in them by the laws of this State: 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 immediately after the passing of this Act it shall and may be lawful for the Catawba Indians to grant and make to any person or persons any lease or leases, for life or lives or term of years, of any of the lands vested in them by the laws of this State; provided, that no lease shall exceed the term of ninety-nine years, or three lives, in being. II. And be it further enacted by the authority aforesaid, That the Govappoint five su- ernor for the time being shall be authorized, and he is hereby required, to perintendents. appoint five fit and proper persons to superintend the leasing of the lands of |