fault, to the same pains and penalties, as are provided in the preceding A.D. 1797. clause. 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 Sovereignty and Independence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. AN ACT TO AMEND THE SEVERAL ACTS RELATIVE TO THE OFFICE AND No. 1667. DUTY OF A Coroner; and for settling the Fines to BE INFLICTED ON JURORS WHO SHALL FAIL TO ATTEND AFTER BEING DULY MONED, SUM 1. 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 when and as soon as any coroner shall be certified of the dead body of any person supposed to have come to a violent and untimely death, found or lying within his county or precinct, he shall make out his warrant, directed to all or any of the constables of the county or precinct where such dead body lies, requiring and commanding them forthwith to summon as many of the freeholders of the county or precinct as shall be necessary to constitute a jury of twelve good and lawful men, to appear before him at such time and place as shall be expressed in his said warrant : And every constable to whom such warrant shall be directed or come, who shall fail to do the duty required of him by such warrant, and make due return thereof, shall forfeit and pay the sum of ten dollars. Also every person or persons summoned and warned to be a juror, and failing to appear accordingly, shall also forfeit and pay the sum of ten dollars; without reasonable excuse for the same, to be made unto, and allowed of by, the coroner and a justice of the peace. 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 INCREASE THE PRICE OF LICENSE TO HAWKERS AND WHEREAS, the license imposed by the Legislature of this State on hawkers and peddlers, has by experience been found to be too small : I. Be it therefore enacted by the honorable the Senate and house of Representatives, now met and sitting in General Assembly, and by the au No. 1668. Preamble. License of haw A. D. 1797. thority of the same, That from and after the first day of January, one thousand seven hundred and ninety-eight, no hawker or peddler shall be allowed to expose any goods, wares or merchandizes to sale in any part of this State, until he shall have procured a license in his own name from the kers and ped- treasurer thereof, to expose such goods, wares and merchandizes to sale; dlers increased. and the said license shall not be transferred so as to give any agent or deputy the privilege of selling under the said license: And that the said hawker or peddler shall pay for such license, for the support of the government of this State, the sum of two hundred and fifty dollars per annum, to be collected in the same manner as the said license is now liable to be collected by an Act imposing such license on hawkers and peddlers. Penalty. II. And be it further enacted by the authority aforesaid, That if any hawker or peddler shall presume to expose any goods, wares and merchandize to sale, contrary to the intent and meaning of this Act, he shall, for every such offence, forfeit and pay to the treasurer aforesaid the sum of five hundred dollars, to be collected as aforesaid; one half to the informer, and the other half to the use of the State, to be recovered in any court having competent jurisdiction. III. And be it further enacted by the authority aforesaid, That no two or more peddlers shall be suffered to expose to sale any such goods, wares or merchandize under one and the same license, under the forfeiture, pains and penalties aforesaid. 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. No. 1669. AN ACT TO DISPENSE WITH THE FREQUENT SWEARING OF JURORS IN CIVIL CAUSES. WHEREAS, the present mode of administering oaths to the jury on every separate trial is highly unnecessary, and not becoming that solemnity with which all oaths ought to be administered: 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 it shall be lawful for the several clerks of the districts courts and of the county courts throughout this State, and they are hereby required, to administer but one oath to each juryman in the court of common pleas, to try all causes which shall come before him for trial during the sitting of the court. 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. A.D. 1797. AN ACT to declare more explicitly the powers of the City Council No. 1670. of Charleston, as to the sale and re-sale of certain Public Lots on East-Bay-street continued; and for other purposes therein mentioned. (Passed December 16, 1797. See last volume.) AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION OVER A No. 1671. CERTAIN TRACT of land, on NORTH ISLAND, whereon a LIGHT HOUSE MAY BE ERECTED. WHEREAS, the Congress of the United States, on the twenty-first day of February, in the year of our Lord one thousand seven hundred and Preamble. ninety-five, passed an Act authorizing the erection of a light house near the entrance of Georgetown harbor, in this State; and Paul Trapier, Esq. having made a gratuitous conveyance, in fee simple, to the use of the United States, for the above purpose, of a certain tract of seven acres of land, situated on North Island, butting and bounding to the eastward on the sea, to the west and north by lands belonging to the said Paul Trapier, and to the south by Winyaw bay; and whereas, an Act of the Legislature, passed the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, ceding to the United States the jurisdiction over the said tract of seven acres of land, has been found to contain improper restrictions: I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, Jurisdiction. and by the authority of the same, That the jurisdiction over the said tract of seven acres of land, conveyed by the said Paul Trapier, as aforesaid, be, and the same is hereby, ceded to the United States: Provided nevertheless, that nothing contained in this cession shall be construed to exclude or prevent any process, criminal or civil, issuing from any of the courts of this State, from being served or executed within the limits of the said tract of seven acres of land. II. And be it enacted by the authority aforesaid, That the Act of the Legislature, passed the nineteenth day of December, in the year of our Act of 1796 reLord one thousand seven hundred and ninety-six, entitled "An Act to cede pealed. to the United States the jurisdiction of a proper place on North Island, whereon a light house may be erected," be, and the same is hereby, repealed. 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 AMEND THE LAW RESPECTING QUARANTINES. 1. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assambly, and by the authority of the same, That upon all occasions, when the Governor or Commander-inchief of this State may deem it necessary, he shall have a right, and he is hereby required, at the expense of the State, to hire and employ boats and small craft, and a sufficient number of able men, well armed, to be stationed wherever he may think fit, and to act under his directions, in order to enforce obedience to the laws of this State, requiring the performance of quarantine; and also to arm such men, if requisite, with any fire arms belonging to this State. In the Senate House, the sixteenth day of December, in the year of our Lord one thouthousand seven hundred and ninety-seven, and in the twenty-second year of the Indepeudence of the United States of America. DAVID RAMSAY, President of the Senate. ROBERT BARNWELL, Speaker of the House of Representatives. No. 1673. AN ACT TO EXEMmpt the Clerk OF THE CITY COUNCIL, AND The Clerk OF THE COURT OF WARDENS, OF CHARLESTON, AND THE CLERKS OF THE COUNTY COURTS THROUGHOUT THE STATE, FROM SERVING AS JURORS. Preamble. WHEREAS, the public business requires that the clerk of the city council, and the clerk of the court of wardens of Charleston, and the clerks of the county courts throughout the State, should uninterruptedly employ their attention and time in executing the duties of their respective offices: 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by Clerks of the court's exemptthe authority of the same, That the said officers, and their successors in ed from serving office, for ever hereafter shall be exempted from serving as jurors, upon on juries. all juries whatever; any law, usage or custom to the contrary thereof in any wise notwithstanding. 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. A. D. 1797. AN ACT TO Explain and amEND THE ACT ENTITLED "An Act for establish- No. 1674. ing an easier and cheaper mode of recovering Money secured by Mortgage on Real Estates, and barring the Equity of Redemption; and for abolishing the fictitious proceedings in the action of Ejectment." WHEREAS, under the Act entitled "An Act for establishing an easier and cheaper mode of recovering money secured by mortgage on real estates, and barring the equity of redemption, and for abolishing the fictitious proceedings in the action of ejectment," doubts have arisen whether Preamble. a mortgagee taking a release of the equity of redemption from his mortgagor, can be considered as legally and fully seized of the premises mortgaged, inasmuch as that Act declares that the premises mortgaged are still to be deemed the estate of the mortgagor, and only a pledge in the hands of the mortgagee, who is not thereby vested with any legal estate, and therefore cannot be benefitted by such a release: 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 releases of the equity of redemption, made since the passing of the said Act, or hereafter to be made, shall have the same force and effect in law as if the said Act had not been passed. 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 incorporate the Charleston Insurance Company. No. 1675. AN ACT TO ESTABLISH AN INSPECTION OF TOBACCO IN THE TOWN OF No. 1676. WHEREAS, it has been represented to the Legislature, by the inhabitants of the town of Columbia and its vicinity, that it would be very much for the convenience of the inhabitants of the said town, and the planters of the interior country, that an inspection of tobacco should be established in the said town: I. Be it enacted therefore, by the honorable the Senate and House of Representatives, in General Assembly now met and sitting, and it is hereby enacted by the authority of the same, That an inspection and warehouse, Preamble. |