Subject: 5 December 1758 Expired Laws
Resent-Date: Sun, 28 Jun 1998 22:40:53 -0700 (PDT)
Resent-From: [email protected]
Date: Mon, 29 Jun 1998 01:40:28 -0400
From: "Steven J. Coker"
Organization: http://members.tripod.com/~SCROOTS
To: [email protected]
Tuesday the 5th Day of December 1758.
"... Mr. Rattray reported from the Committee appointed to inspect what Laws are
expired or near expiring and to report their Opinion to the House which of them
are fit to be revived or continued; That the Committee had inspected the said
Laws and Considered which of them are fit to be revived and Continued and had
directed him to report the Same as it appeared to them to the House, and he read
the Report in his place, and afterwards delivered it in at the Clerk's Table,
where the same was read, and is as follows, Vizt.
No. 1. "An Act for the better regulating the Militia of this Province." Passed
the 13th Day of June 1747, & revived the 14th of May 1755 for 3 Years and from
thence to the End of the next Sessions of the General Assembly.
2. An Additional and Explanatory Clause to the said Act about Fines, Contained
in the said reviving Act of the 14th of May 1755.
3. "An Act for the better preventing of excessive & deceitful Gaming." Passed
16th May 1752. Revived 14th May 1755 for three Years.
4. "An Act to regulate the Price and Assize of Bread." Passed the 29th of May
1744. Revived the 16th of May 1752 for 6 Years. [This act was passed March 16,
1737/38, not May 29, 1744.]
5. "An Act for regulating the making of Dams or Banks for reserving Water where
the Same may effect the Property of other Persons." Passed the 29th of May 1744.
Revived the 16th of May 1752 for 6 Years.
6. "An Act for establishing a Market in the Parish of St. Philip Charles Town,
and for preventing ingrossing, Forestalling, Regretting and unjust Exactions in
the said Town & market." Passed the 11th of April 1739. Revived the 16th of May
1752.
7. "An Act to restrain and prevent the too frequent Sales of Goods, Wares &
Merchandize at Out-Cry in Charles Town & for preventing such Sales." Passed the
4th of May 1751. Revived the 14th of May 1755 for 3 Years.
8. "An Act for making more useful Fort Johnson & Fort Frederick and the several
Look-Outs that now are or shall hereafter be kept or established near any of the
Inletts in this Province." Passed the 5th of April 1740. Revived the 14th of
June 1751 for 7 Years.
9. "An Act for rendering and making the Office of a Constable more easy & less
expensive to the Persons concerned." Passed the 8th of March 1741[/42]. Revived
the 14th of June 1751.
10. An Act intitled "An Additional Act to An Act intitled 'An Act for the better
regulating Taverns and Punch-houses.'" Passed the 8th of March 1741[/42].
Revived the 14th of June 1751 for 7 Years. And the Moneys arising by
Tavern-Licences otherwise applied.
11. "An Act to prevent frauds and Deceits in selling Rice, Pitch, Tar, Rosin,
Turpentine, Beef, Pork, Shingles, Staves and Fire-Wood and to regulate the
Weighing &ca." Passed the 17th of June 1746. Revived the 14th of June 1751 for 7
Years.
12. "An Act for the better establishing & regulating of Patrols in this
Province." Passed the 17th of June 1746. Revived the 14th of June 1751 for 7
Years.
13. "An Act for licencing Hawkers, Pedlars & Petty Chapmen and to prevent their
trading with indented Servants, Overseers, Negroes and other Slaves." Passed the
13th of September 1737. Revived the 14th of June 1751 for 7 Years. [This act was
passed March 11, 1737/38, not September 13, 1737.]
14. "An Act Concerning Masters & Apprentices." Passed the 28th of February
1740[/41]. Revived the 14th of June 1751 for 7 Years.
15. "An Act for the better Security of this Province against the Insurrections
and other wicked Attempts of Negroes and other Slaves." Passed the 7th of May
1743. Revived the 14th of June 1751 for 7 Years.
And respecting the said several Laws, the Committee are of Opinion that it is
fitting and for the Public Good that Each of them be revived and continued for
the Term of five Years longer at least and from thence to the End of the then
next Session of the General Assembly; but respecting the Act for reviving the
Additional Act to An Act for regulating Taverns and Punch Houses the Committee
submit the same to the Consideration of the House touching the Application of
Moneys arising from Tavern Licences.
And the Committee upon inspecting,
No. 16. "An Act to prevent the stealing of Horses and Neat Cattle & for the more
effectual Discovery and Punishment of such Persons as shall unlawfully Brand,
Mark and kill the same." Passed the 7th of May 1743. Revived the 16th of May
1752 for 6 Years.
Are of Opinion that this Law has not in all Respects answered the Intention of
the Legislature and therefore recommend the repeal of this and the Introduction
of a new Law.
And upon inspecting,
No. 17. "An Act for allowing mutual Debts to be discounted & for explaining the
6th Paragraph of an Act intitled 'An Act for making more effectual Last Wills
and Testaments; And for making valid all former Wills in this Province according
to the Tenour of the same & for putting in force &ca.'" Passed the 29th of May
1744. Revived the 16th of May 1752 for 6 Years. The Committee are of Opinion
that the whole Law relative to Discounts ought to be comprized in One Act, and
recommend the Introduction of a Bill for that purpose.
And the Committee have also inspected and considered the following Laws, Vizt.
No. 18. "An Act for the more effectual Relief of Insolvent Debtors and for that
purpose putting in force & effectually carrying into Execution in this Province
such part of an Act made in the Parliament of Great Britain in the Second Year
of his present Majesty's Reign intitled 'an Act for Relief of Debtors with
respect to the Imprisonment of their Persons as is therein mentioned.'" Passed
the 29th of May 1744. Revived the 14th of June 1751 for 7 Years.
No. 19. "An Additional and Explan[a]tory Act to an Act of the General Assembly
of this Province intitled 'An Act for Relief of Insolvent Debtors &ca.'" Passed
25th May 1745 without Limitation of Time.
No. 20. "An Additional Act to the Acts of the General Assembly now in Force in
this Province concerning Insolvent Debtors, and for Continuance of the said
Acts." Passed May the 31st 1750. Revived June the 14th 1751 for 7 Years.
No. 21. "An Additional Act to the Several Acts of the General Assembly now in
force in this Province which relate to insolvent Debtors and for that purpose
putting in force and effectually carrying &ca." Passed the 4th of May 1751.
These Laws revived & continued by an Act passed the 14th of June 1751, Excepting
such parts of any of the said Acts as may have been amended, altered or repealed
by any subsequent Act or Acts, all which subsequent Act or Acts in so far as
they amend, alter or repeal any of the before enumerated Acts are declared to be
of force for 7 Years from the said 14th of June 1751 and from thence &ca."
And respecting these several Laws, the Committee are of Opinion that they ought
to be discontinued and that the whole Law for the Relief of Insolvent Debtors
ought to be comprehended in One clear and Consistent Act and for that purpose
recommend the Introduction of a new Bill.
And the Committee are of the same Opinion concerning the following Laws, Vizt.
No. 22. "An Act for the further preventing the spreading of contagious or
malignant Distempers in this Province." Passed the 29th May 1744. Revived the
14th of June 1751.
No. 23. "An Additional Act of the General Assembly of this Province intitled 'An
Act for preventing as much as may be the spreading of Contagious Distempers and
to revive and Continue an Act intitled "An Act for the Establishment of a Market
in the Parish of St. Philip &ca."'" Passed the 13th of June 1747. Revived the
14th of June 1751. Nevertheless by An Act passed the 13th of April 1756 this Act
was continued in force for One Year.
No. 24. An Additional Clause to the last mentioned Act, added by a Reviving Act
for nominating Physicians. Passed the 13th of April 1756 for one Year.
And the Committee recommend the Introduction of a new Bill for preventing the
spreading of Contagious and malignant Distempers in this Province.
And the Committee have also perused and Considered the following Laws, that is
to say,
No. 25. "An Act for the better ordering and Governing Negroes and other Slaves
in this Province." Passed the 10th of May 1740, and revived by,
No. 26. An Act Intitled "An Additional Act to An Act of the General Assembly of
this Province Intitled 'An Act for the better ordering & Governing Negroes and
other Slaves in this Province, and for continuing such Part of the said Act as
is not altered or amended by this present Act for the Term therein mentioned.'"
Passed the 17th of May 1751, to be in force for 7 Years, but part of the former
Act is hereby altered.
And the Committee are of Opinion that all such Clauses and parts of the first of
these Laws as are not repealed or altered by the Second of them, together with
the said Additional Act itself be revived and continued for the Term of five
Years longer: And the Committee submit it to the Consideration of the House
whether all Matters relating to the Government of Slaves ought not to be thrown
together in One Law; And respecting the Act Intitled,
No. 27. "An Act for appropriating the Dutys imposed by Law on Goods, Wares and
Merchandizes imported into and exported out of the Port of Beaufort Port Royal
for the Term therein mentioned toward building and keeping in Repair a Pilot
Boat or Boats to attend the Bar of the Harbour of the said Port &ca. and for
appointing a Comptroller and Receiver of the Country Dutys for the said Port
&ca." Passed the 16th of May 1752 to be in force for five Years.
The Committee are of Opinion that the same ought to be Continued for the Term of
five Years, excepting those parts of the Law which constitute and appoint Mr.
Pury and Mr. Hurst Comptroller and Receiver of the Country Dutys, both these
Persons being dead;
And as to the two following Laws, Vizt.
No. 28. Part of "An Act appointing Commissioners to lay out a Road or Causeway
over Lynch's Island Situated in Santee River, and for establishing the Ferrys
therein mentioned &ca." Passed the 11th of March 1737[/38]. Revived the 16th of
May 1752 for 6 Years. And,
No. 29. "An Act to Encourage the making of Flax & Hemp in the Province of South
Carolina." Passed the 13th of April 1756, To be in force for 3 Years.
The Committee beg leave to submit the Same to the Consideration of the House.
And concerning An Act Intitled,
No. 30. "An Additional, Explanatory Act to An Act Intitled 'An Act to impower
the several Commissioners of the High-Roads, Private Paths &ca.'" Passed the
17th of May 1751 to be in force for 7 Years.
The Committee are of Opinion that the same be Continued for 5 Years, Excepting
such Parts of the same as have been altered or amended by any Subsequent Act or
Acts passed since the said 17th Day of May 1751.
Resolved That this House will on Thursday Morning next take the said Report into
Consideration...."
Source:
The Colonial Records of South Carolina
The Journal of the Commons House of Assembly
Published by the SC Department of Archives and History
Library of Congress Catalog Card Number: 51-62239
ISBN: 1-880067-28-5
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