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II. And whereas doubts have arisen upon the con- ; or * e e Wages of

struction of the several acts of assembly, for fixing and me. ...; paying the allowance of the members of the general as-general assembly, and inconveniencies have also been occasioned sembly, payfrom the fluctuating price of tobacco, and of the rates of i. How the necessary expenses of the said members: To reme- imited in dy which, Be it enacted, That the grand jury at each money. and every of the four annual sessions of the general court, shall upon oath, estimate in money the value of the tobacco then due, or to become due to the members of the general assembly, according to the worth thereof at the time of such valuation, and the competence of the same to defray the necessary and reasonable expenses of travelling and attendance; and the last valuation of such tobacco shall always be the rule by which the said allowance shall be settled, and paid to the several members, in the manner and under the regulations prescribed by law; provided that nothing contained in this act, shall affect the wages of the members of this present general assembly, until the 13th instant, June.

CHAP. VI.

An act to amend the act entitled an act to embody militia for the relief of South Carolina, and for other purposes.

WHEREAS by the reduction of Charlestown, and Governor or the subsequent movements of the enemy, it hath be- ..": come inexpedient to rendezvous at Hillsborough, the to direct the militia lately ordered into service for the defence of rendezvous South Carolina; Be it enacted, That the governour 3. ‘. with the advice of council, or the general command- to the relief ing such militia, shall be, and they are hereby autho- of South Ca. rized and empowered to direct the rendezvous of the rolina. said militia, at any place or places whatsoever, that

the publick service may require.

[Chan. Rev. p. 121.]

Fees of reÉ. of and office.

Fees for public services.

Surveyor’s fees,

CHAP. VII.

An act for regulating the fees of the register of the land office, and for other purposes. . . .

I. WHEREAS the fees allowed by law to the register of the land office are very inadequate to the trouble and expense of conducting the business thereof, Be it therefore enacted, That the register of the land office shall be entitled to the fees herein after mentioned, to be paid by the party at whose instance any such service shall be performed, at the time of his or her requiring the same, that is to say: For issuing a warrant of survey, and recording the same, thirty pounds of tobacco; for recording the rights or certificates upon which such warrant of survey is founded, ten pounds of tobacco; for every warrant issued in exchange of another warrant, or where lands claimed under a foriner warrant shall be recovered upon a caveat, and recording the same, thirty pounds of tobacco; for receiving a plat and certificate, and giving a receipt for the same, five pounds of tobacco; for issuing and recording a grant, thereupon if the quantity therein contained exceed not four hundred acres, sixty pounds of tobacco; for every hundred acres exceeding that of four hundred, five pounds of tobaceo; for recording a plat and certificate of survey, if the quantity does not exceed four hundred acres, twenty pounds of tobacco; for every hundred acres exceeding that quantity, five pounds of tobacco; for entering a caveat, or for a copy thereof, twenty pounds of tobacco; for a copy of any grant or patent of land, thirty pounds of tobacco; for a search for any thing, or for reading the same, if a copy be not required, ten pounds of tobacco; for recording a list of certificates proved in any county court, or allowed by the commissioners of any district, or for keeping a regular account of warrants, examined and cancelled, to be paid by the treasurer, on the auditors warrant for each certificate, or warrant contained in such list, three pounds of tobacco.

II. And be it farther enacted, That every surveyor, instead of the former allowance given by law, shall be

entitled to receive the following fees for the services herein after mentioned, to be paid by the person employing him: For every survey by him plainly bounded as the law directs, and for a plat of such survey, after the delivery of such plat, where the survey shall not exceed four hundred acres of land, two hundred and fifty pounds of tobacco; for every hundred acres contained in one survey above four hundred, fifteen pounds of tobacco; for surveying a lot in a town, twenty pounds of tobacco; and where the surveyor shall be stopped or hindered from finishing a survey by him begun, to be paid by the party who required the survey to be made, one hundred and twenty five pounds of tobacco; for running a dividing line, one hundred and twenty five pounds of tobacco; for surveying an acre of land for a mill, fifty pounds of tobacco; for every survey of land formerly patented, and which shall be required to be surveyed, and for a plat thereof delivered as aforesaid, the same fee as for land not before surveyed; and where a survey shall be made of any lands which are to be added to other lands, in an inclusive patent, the surveyor shall not be paid a second fee for the land first surveyed, but shall only receive what the survey of the additional land shall . amount to; and where any surveys have been actually made of several parcels of land adjoining, and several plats delivered; if the party shall desire one inclusive plat thereof, the surveyor shall make out such plat for fifty pounds of tobacco; for running a dividing line between any county or parish, to be paid by such respective counties or parishes in proportion to the number of tithables, if ten miles or under, five hundred pounds of tobacco; and for every mile above ten, fisteen pounds of tobacco; for receiving a warrant of survey, and giving a receipt therefor, ten pounds of tobacco; for recording a certificate from the commissioners of any district of a claim to land allowed by them, to be paid by the claimant, ten pounds of tobacco; for making an entry for land, or for a copy thereof, ten pounds of tobacco; for a copy of a phat of land, or of a certificate of survey, fifteen pounds of tobacco. III. And be it farther enacted, That every witness at- witnesses tending upon summons the high court of chancery, allowance. general court, or court of admiralty; and every witness, venire-man, or sheriff, attending the general court in

Tobacco fees, how payable in money.

criminal cases, shall be paid sixty pounds of tobacco for each day’s attendance, and two pounds of tobacco per mile for travelling, and their ferriages; and every witness attending upon summons in any county, or other inferiour court, or upon a survey of lands, shall be paid twenty five pounds of tobacco for each days attendance; and if residing in, and summoned out of another county, the same allowance for travelling and ferriages as witnesses in the superiour courts. And that all persons who shall hereafter become chargeable with tobacco for any of the services mentioned in this, or the act entitled “An act to amend an act for the better regulating and collecting certain officers fees, and for other purposes,” shall at their election discharge the same, either in transfer tobacco notes, or money in lieu thereof, at such rate as shall be estimated by the grand jury, at each of the sessions of the general court, in the months of June and October in every year; confining themselves in making such estimate, to fix the same at one half of the average price of crop tobacco, which shall, and is hereby declared to be the rate at which the said tobacco fees due, or becoming due between every estimate, shall be paid in

money. The clerk of the general court shall, as soon

Marshal’s allowance, of admiralty.

as may be after every estimate, furnish the register of
the land office, and the clerks of the county courts
each, with a copy of such estimate; that to the register
to be by him constantly kept in his office, and those
to the clerks to be by them recorded.
IV. And whereas the allowance heretofore made to
the marshal of the court of admiralty is very inadequate
to his risk and trouble; Be it therefore enacted, That
the marshal of the court of admiralty, for taking charge
of, and selling any vessel or cargo, the tackle, appa-
rel, or furniture of any vessel, agreeable to the sentence
of the said court; shall be entitled to receive, instead
of the allowance heretofore made him by law, two per
centum commission upon the amount of every such

sale. So much of an act entitled “An act for regu

lating tobacco sees, and for other purposes;” and of an act entitled “An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, veniremen, and witnesses in certain cases,”

as comes within the purview of this act, is hereby re

pealed.

CHAP. VIII.

An act for procuring a supply of provisions and other necessaries for the use of the army.

WHEREAS in the present alarming and critical preamble. situation of the war with a powerful enemy in the . neighbouring southern states, it may be indispensably necessary to provide and collect in proper places, with the utmost expedition, large stores of provisions, either to supply our own militia or continental troops, or for supplying the troops sent by our good allies to the assistance of these United States; Be it enacted by the General Assembly, That the governour, with the advice of council, be empowered to appoint commissioners in such counties, within this commonwealth, as they may think necessary for the purpose of carrying this act into execution. t And be it farther enacted, That each and every commissionof the commissioners, before they enter upon the exe- ers to procution of their trust, shall take the following oath or i. oth. affirmation, which may be administered by any jus- ...,’ ty tice of the peace in the county for which the said com- purchase or missioners shall be respectively appointed, to wit: “I loo" A. B. do swear or affirm, that I will diligently and II, ent, faithfully, without favour, affection, or partiality, execute the duty and trust reposed in me by an act of the general assembly of this commonwealth, entitled An act for procuring a supply of provisions and other necessaries for the use of the army.” Be it enacted, That all and every of the commissioners appointed and qualified as before directed, shall have power and authority, and they are hereby required to examine into the state and quantity of the provisions in the possession of every person and family within their respective counties, where they shall have reason to be-, lieve such supplies may be obtained, and to purchase the same, at such prices as are herein after stated. And if the holder of such provisions or other necessaries shall refuse to sell the same, then the said commissioner shall seize the same for the publick use, under the following restrictions and limitations. Provided ne

Vol. x. E 2

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