m- .¦^N -J. ^iJi:^^:^^.,^ ^7^ -^ /¦"' ^^' /•y /9/:l THL COLONIAL RLCORD5 OF THE 5TATL OF GLORGIA VOLUME XIX. PART I. STATUTES, COLONIAL AND REVOLUTIONARY, 1768. TO 1773. COMPILED AND PUBU5HED UNDER AUTHORITV OF THL LLG15LATURL BY ALLEN D. CANDLER, A. M., LL. D. Atlakta, Ga. Chas. P. Btbd, State Pbintek. 1911. Statutes, Colonial and Revolutionaby, 1768-1773. Establishing Ferries. (State Archives.) AN ACT For establishing several Ferries in this Prov ince and for vesting the sarnie in the persons therein mentioned WHEREAS the establishing of the several ferrys herein after mentioned will be greatly to the advantage and conveniency of Persons travelling through this Province we therefore pray your most Sacred Majesty that it may be Enacted AND BE IT ENACTED by his Excel lency James Wright Esquire Captain General and Governor in Chief of the said Province by and with the Advice and Consent of the Hon ourable Council and Commons house of As sembly in General Assembly met and by the Authority of the same that immediately from and after the passing of this Act a publick Fer ry shall be and the same is hereby established from the town of Ebenezer upon Savannah river to the Bluff on the opposite shore. Also Two Ferrys over Briar Creek, one at a place called Mill Town and the other at the upper Publick Road, also a Ferry from the Center of the Town of Augusta upon Savannali River to the Bluff on the opposite shore in the province of South Carolina and also a Ferry over the river Alatamaha at Fort Barrington. AND BE IT FURTHER ENACTED that the Colonial Records Establishi'og Ferries. the said Ferry established at the Town of Ebe nezer as aforesaid shall be and the same ia hereby vested in Martin Dasher and that the Ferry establis'hed at Milltown upon Bryar Creek shall be and the same is hereby vested in the Honourable John Graham Esquire, Thomasi Morgan, John Mulryne, and Josiah Tatnall Es quires their and e'ach of their Executors, Admin istrators, or Assigns And that the Ferry Es tablished on the upper Road over the said Creek shall be and the same is' hereby vested in Dar by Kennedy and that the Ferry established at the Town of Augusta shall be and the same is hereby Vested in Edward Barnard Esquire and that the Ferry established at Fort Barrington aforesaid shall be and the same is hereby vested in Benjamin Lewis' and that the said Ferries respectively shall be and Continue to be vested in the said Martin Dasher, the Honour able John Graham Esquire Thomas Morgan John Mulryne and Josiah Tatnall Esquires Darby Kennedy, Edward Barnard, and Benja min Lewis, their, and each of their Exeoutorai, administrators, and Assigns respectively foB and during the Term of Five years from the passing of this Act AND BE IT FURTHER ENACTED, that the said Martin Dasher, the Honourable John Graham Esquire, Thomas Morgan, John Mul ryne, and Josiah Tatnal Esquires Darby Ken nedy Edward Barnard and Benjamin Lewis their Statutbs, Colonial and Revolutionaby, 1768-1773. Establishing Feirries. their Executors Administrators and Assigns respectively shall and they are hereby required to provide and keep at the Ferrys vested in them as aforesaid one or more sufficient Ferry Boat or Boats fit to Carry Five horses and also a sufficient Ntunber of Servants, Slaves or other persons Constantly to attend the said Ferries as well by Night as by day to transport and Carry over the same passengers their Servants, Slaves, Horses, Cattle and Carriages and it shall and may be Lawfull to and for the said Martin Dasher; The Honourable John Graham Esquire, Thomas Morgan, John Mulryne, and Josiah Tatnall, Esquires ; Darby Kennedy, Ed ward Barnard; and Benjamin Lewis their Ex ecutors, Administrators and Assigns respect ively to ask, demand, and receive for the Fer riage at the respective Ferrys aforesaid the several prices and rates following Vizt AT THE FERRY AT EBENEZER For every foot passenger Two pence For every person and Horse, Six pence For every Wheel Carriage, Three pence p': Wheel For every single Horse, Three pence If Swam, One Penny half Penny P' : head. For Neat Cattle, Three Pence P"^: head. If swam. One Penny half Penny P*": head. For Calves, Sheep and Hoggs, One penny p': head If Swam, half Penny P': head At Colonial Records Estaiblishing Feirries. At either of the Ferries up'on Briar Creek as the case may be For every foot Passenger, One Peimy. For every person and Horse Three pence For every Wheel Carriage, One Penny ball Penny P' : Wheel For every Single Horse, One Penny, half Penny — For Neat Cattle, One Penny, half Penny P': Head And If Swam, One Penny P' : Head For Calves, Sheep, or Hoggs, whether Swam or Not, Ono half Penny P': head AT THE FERRY AT AUGUSTA For every foot passenger. Two Pence For eveiy person and Horse Four Pence For every Wheel Carriage Two pence p': Wheel For every Single Horse, Two Pence And if Swam One Penny For Neat Cattle Two pence P' : head And if Swam, One Penny half Penny P': head For Calves, Sheep, or Bogs, One Penny P': head And if Swam, One half Penny P' : head AT THE FERRY AT FORT BARRINGTON (if to the Opposite Shore) For every foot Passenger, Two pence For every person and horse Six pence For every Wheel Carriage Three pence P': Wheel For Statutes, Colonial and Revolutionary, 1768-1773. Estalblishiag Ferries. For every Single horse, Three pence And if Swam One Penny half Penny. For Neat Caltle Three Pence P': head And if Swam One penny half Penny P': head For Calves, Sheep, or Hogs, One penny P': head and If Swam One half Penny P"' : head BUT PROVIDED there should be such a fresh in the River Alatamaha as renders it impracti cable to go through the swamp on the Opposite side then and in that case it shall and may be Lawfull for the said Ferry Man, to demand and receive the following rates for Ferriage to Mutteer's Landing and the same if brought from Santa Sevilia Viz* For every person and Horse, Four ShiUings and Six Ponce For every foot Traveller Two Shillings For every Wheel Carriage, Two Shillings and Three Pence P': Wheel For Every Single Horse, Two Shillings and Three Pence AND BE IT FURTHER ENACTED, that the said Martin Dasher, the Honourable John Gra hami Esquire, Thomas Morgan Jo'hn Mulryne and Josiah Tatnall Esquires, Darby Kennedy, Edward Bamani, and Benjamin Lewis their Executors Administrators and Assigns respect ively shall Affix or Cause to be affixed and Con stantly kept in some publick Part of the house where Colonluj Records lEBtablishing Perries. where he or they or the person or persons ap pointed to keep the said Ferrys shall reside or keep in at the said Ferrys' respectively a List of the rates and prices of Ferriage at such Ferry as is settled in and by this Act. AND BE IT FURTHER ENACTED that in case any person or persons going to any of the said Ferrys in Order to pass the same shall (tendering the ferriage as settled in and by this Act or other wise being hereby exempted from paying Ferriage) meet with unnecessary delay or be wilfully retarded for want of the Ferry Boat or of due attendance at such Ferry as by this Act is required the person in whom such ferry is in and by this Act Vested his Executors, Administrators or Assigns shall forfeit and pay for for every such delay which shall happen to the person or pcrsons so delayed or retarded the sum of Ten Shillings for every Hour and so in proportion for any Less' time to be recovered upon proof thereof before any of the Justices of the peace in the parish where such Ferry is established by Warrant under the hand and Seal of such Justice. PROVIDED that the person or persons so delayed or retarded do make com plaint thereof within One Month after the same shall have happened — AND BE IT FURTHER ENACTED that the Governor or Commander in Chief of this Province for the time being and pers'ons sent Express in the service of this province or car rying Statutes, Colonial and Revolutionary, 1768-1773. Establishing Feorries. rying the post Mail, and all persons in times of Actual Service upon Alarms, Insurrections and Invasions, his Majesties Troops upon duty and Ministers of the Gospel be and they are hereby declared to be exempted from paying any Fer riage for themselves their Servants, Horses, Carriages or Baggage for passing or repassing any of the Ferrys hereby established as afore said AND BE IT FURTHER ENACTED that no deputy or Agent of the post Master General carrying the Mail or persons sent Express tn the service of this province passing or repassing the said Ferry, shall be detained but the person or persons attending the said Ferry shall forthwith and within One half hour after such deputy or Agent or other person sent Express (Satisfying the Ferryman that they are so) shall require the same (Bad weather and other unavoidable Ac cidents excepted) Convey such deputy or agent or person sent Express over the said Ferry on pain of Forfeiting Five pounds and in case such deputy or Agent of the post Master General or person sent Express as aforesaid shall be de tained at the said Ferry the space of Twelve hours then and in such case the person in whom such ferry shall be in and by this Act Vested his Executors Administrators or Assigns shall over and above the said sum of Five pounds forfeit and pay the sum of Ten Shillings for every hour after the said space of twelve hours they shaU be so delayed the said Penalties and forfeitures 10 Colonial Records Establishing Ferries. to be recovered in any Court of record in this province. One Moiety thereof to be to his Maj esty his Heirs and Successors towards the sup port of the Government in this Province, and the other Moiety to such deputy or Agent or person sent Express who shall Sue and prosecute for the same together with the Costs of Suit : AND BE IT FURTHER ENACTED that the said Martin Dasher, the Honourable John Graham, Thomas Morgan John Mulryne and Josiah Tatnall Esquires Darby Kennedy, Ed ward Barnard and Benjamin Lewis, their, and each of their Executors Administrators' and As signs shall Keep in Constant and good repair the several Boats in and by this Act required to be by them respectively Kept at the several fer^ rys vested m each of them their Executors Ad ministrators and Assigns and shall also Keep in good and constant repair the Landings used at the respective Ferries aforesaid. AND BE IT FURTHER ENACTED that the Commissioners or Surveyors of the several di visions of the roads in this Province within their respective districts or either of them shall be and he or they is and are hereby impowered from time lo time to inspect the state of the Ferry Boat or Boats the Sufficiency of the Servants, Slaves, or persons attending the Fer rys hereby established as aforesaid and the Con dition of the Landings thereof and upon any In sufficiency damage or want of repair to give No tice Statutes, Colonial and Revolutionary, 1768-1773. 11 Establishing Ferries. tice to the person in whom the Ferries where such insufficiency damage or want of repair shall appear is in and by this Act Vested his Executors, Administrators or Assigns' to repair and make good the sapne and if within One day after such Notice so given as aforesaid he or they shall Neglect or refuse to repair and make good the same upon proof thereof made before the Majority of the Commissioners or Surveyors of the respective divisions appointed in and by this Act to inspect suoh Ferrys the person or j>ersons in whom the said Ferrys are hereby Vested their Executors Administrators or As signs shall forfeit and pay the sum of Five Shillings for every day he or they shall so neg lect or refuse to repair and make good such in sufficiency damage or want of repair over and ¦above the penalty which may thereby be in curred for any delay of Travellers as herein before is mentioned to be recovered by Warrant under the Hands and Seals of the said Commis sioners or Surveyors and Applied towards the repairs of the Bridges roads and Causeways within such division. By Order of the Commons House of Assembly ALEX WYLLY Speaker By Order of the upper House of Assembly N JONES Council Chamber 11.* April 1768 Assented to JA: WRIGHT. State 12 Colonial Records Agent in Oreat Britain. (State Archives.) AN ORDINANCE Appointing Benjcmtm Franklin Esquire Agent to Solicit the affairs of this Province in Great Britain Whereas there are many important affairs necessary to be represented solicited and trans acted in Great Britain which cannot be effectu ally done without having an agent there AND WHEREAS the General Assembly of this Prov ince have thought Benjamin Franklin Esqxiire a proper person to be appointed for the purposes aforesaid BE IT THEREFORE ORDAINED and it is hereby Ordained by his Excellency Jas. Wright Esquire Captain General and Governor in Chief of his Majesties Province of Georgia by and with the Advice and Consent of the Hon ourable Council and Commons House of Assem bly of the said Province in General Assembly met and by the Authority of the same. That the said Benjamin Franklin be, and he is hereby de clared Nominated and Appointed Agent to rep resent. Solicit and transact the affairs of this Province in Great Britain — AND BE IT FURTHER ORDAINED that the said Benjamin Franklin, shall be and he is hereby f uUy Authorized and impowered to follow and pursue all such Instructions, as he shall from time to time receive from the General As sembly Statutes, CoiiONial and Revolutionary, 1768-1773. 13 Agent in <3treat Britain. sembly of this Province or from the Commit tee herein after Appointed to Correspond with him. AND BE IT FURTOSER ORDAINED that the Honourable James Habersham, Noble Jones, James Edward Powell, Lewis Johnson, and Clement Martin Esquires, The Honourable Alex ander Wyllv Esquire John Mulryne, John Smith, Noble AVimberly Jones, John Milledge, John Simjjson, Archibald Bulloch, William Ewen, and Joseph Gibbons Esquires, until! others shall be appointed or any Seven of them. Two of which to be of the Council. Provided nevertheless that if after being summoned in consequence of an Order from any of the Com mittee by tbe Clerk or other person appointed by them for that purpose to meet the Commit tee, they sh.iU refuse or Neglect to attend then any seven of the persons before named, shall be and they are hereby nominated and appointed a Committee to correspond with the said Ben jamin Franklin and give him such Orders and instructions from time to time as they shall judge to be for the service of this Province AND BE IT FURTHER ORDAINED that there shall be allowed and paid unto the said Benja>nin Franklin for his Agency the sum of One Hundred Pounds Sterling Money of Great Britain over and above his reasonable Charges and disbursements on his Application to the several Offices and Boards in Negotiating the 14 Colonial Records Regulating Assize of Bread. the affairs of this Province AND BE IT FURTHER ORDAINED that the said Ben jamin Franklin shall be and Continue Agent for this Provmce for One whole year to Com mence the First day of June next in the year of our Lord One Thousand Seven Hundred and Sixty Eight. By Order of the Commons House of Assembly — ALEX WYLLY Speaker By Order of the upper House of Assem bly N JONES Council Chamber 11.'" April 1768 Assented to JA: WRIGHT. (State Archives.) AN ACT For Regulating the Assise of Bread WHEREAS the regulating the price and as size of Brerid is absolutely necessary to prevent evil Statutes, Colonial and Revolutionary, 1768-1773. 15 Regulating Assize of Bread. evil disposed persons from taking Advantage for their own gain and Lucre to deceive and oppress his Majesties Subjects and more es pecially the poorer sort of people are thereby greatly distressed for remedy whereof we humbly Pray your most Sacred Majesty that it may be Enacted AND BE IT ENACTED by his ExcelleDcy James Wright Esquire Cap tain General and Governor in Chief of the Province of Georgia by and with the Advice and consent of the Honourable Council and Commons House of Assembly of the said Prov ince in General Assembly met and by the Au thority of the same that from and after the passing of this Act no Person or Persons what soever shall make for Sale or Sell or Expose to Sale witiiin this Province any Sort or Sorts of Soft Bread made of Wheat other than the several Sorts herein after mentioned (Viz') White, Wheaten, and Household Bread all which Several sorts of soft Bread shall be made in their several and respective degrees according to the goodness and fineness of the several Sorts of Flour of which the same ought to be made aud when fine wheat Flour is sold in Savannah at any of the rates herein after mentioned the as size and weight of the said white, Wheaten and Household Bread respectively are and shall be sett and ascertained According to the following table in Avoirdupois Weight and so proportion ably when fine Flour shall be sold in Savannah for more or less Money than is specified in the said 16 Colonial Records Regulating Assize of Bread. said Tables wherein the white Loaves shall al ways be one half and the Wheaten Three Quar ters of the we:ght of the Household Loaves. A TABLE of the Assize of Bread in poimds ounces and drams Avoirdupois Weight. FOUR PENNY LOAVES. SHILLINGS WHITE WHEATEN HOUSEHOLD " lb. oz. drs Lb: o? drs Lb. )z. drs 10 .. . 2: Jl: 4. ...4 I 2.... 5 6 8 11 . . . 2: 7: 4. ...3 11 2. ...4 14 8 12 .. . 2: 4: 0....3 6 0 4 8 0 13 .. . 2: 1: 3. ...3 1 12.... 4 2 6 14 .. . 1: 14: 13. ...2 14 03. ...3 13 10 15 .. . 1: 12: 12. ...2 11 2. ...3 9 8 16 .. . 1; 11: 0....2 8 8. ...3 6 0 17 .. . 1: 9: 6 2 6 1....3 2 12 18 .. . 1: 8: 0....2 4 0....3 0 0 19 .. . 1: 6: n....2 2 0....2 13 6 20 .. . 1: 5: 9. ...2 0 5. ...2 11 12 TWO PENNY L0.4.F 10 11 1213 14 151617 18 1920 : 15 10.. . .2 0 9.. ..2 11: : 3 10.. 13 9. . 2 7 2 0.. 11 0.. . .2 4- : 0 10.. 8 14.. o 1 : 15 7.. 7 2.. 14 ¦ 14 6.. 5 9. . 12 : 13 8.. 4 4. . 11 : 12 11.. 3 1.. 9. : 12 0.. 2 0.. 8: • 11 6. . 1 0. . 6- 10 13. . 0 3.. 5: 4 4033 12 0 6 0 1114 Penny Statutes, Colonial and Revolutionary, 1768-1773. 17 Regulating Assize of Braad. PENNY LOAF. 8HILLTNGS WHITE WHEATEN HOUSEHOLD " lb. oz. drs Lb: oz drs Lb. oz. drs 10 .. .. 0 10: 13.. ..1: 0 4 ...1: 5 10 11 .. .. 0 9: 13.. ..0: 14 12 ...1: 3 10 12 .. .. 0 9: 0.. ..0: 13 8 ...1: 2 0 13 .. .. 0 8: 5.. ..0: 12 7 ...1: 0 9 14 .. .. 0 7: 11.. ..0: 11 9 ...0: 15 6 15 .. .. 0 7: 3.. ..0: 10 12 ...0: 14 6 16 .. . . 0 6: 12.. ..0: 10 2 ...0: 13 8 17 .. .. 0 6: 5.. ..0: 9 8 ...0: 12 II 18 .. .. 0 6: 0.. ..0: 9 0 ...0: 12 0 19 .. .. 0 5: 11.. ..0: 8 8 ...0: 11 5 20 .. .. 0 5: 6.. ..0: 8 1 ...0: 10 15 And so in proportion to the above Table when the price of Flour shall be more or less then is therein mentioned or for Loaves of other de nomination— AND BE IT FURTHER ENACTED by the Authority aforesaid that the Commissary Gen eral for this Province for the time being or in case of his Absence or Sickness the Treasurer shall and is hereby required upon the best in formation he can get to insert an Advertise ment in the Gezette of this Province every week Setting foith the market price of fine Flour which shall be taken and deemed the Market price from time to time of such flour for one week after such Publication. AND to the intent the good design of this Act may be effectually complyed with — Be 18 Colonial Records R^^lating Assize of Bread. BE IT FURTHER ENACTED that every Bakey or other Person making bread for sale or exposing the same to Sale shall mark or im print or caused to be fairly marked and im printed on every Loaf so by him, or her, made the Price of suoh Loaf together with the initial Letters of his, or her, name that the Baker and Price thereof may be the more distinctly Khown and if any Baker or Bakers or any other Per son making Bread for sale or exposing the same to sale shall not observe the Assize ascertained by this Act or shall bake or make for sale or sell or exposed to sale any of the sorts of bread be fore mentioned wanting the due weight or not marked as aforesaid, he, she, or they, being thereof convicted on the Oath of one or More credible Witnesses before one or more Jus tices of the Peace of the district where such baker or other Person exposing the same to sale shall reside shall for every such offence forfeit the value of such Bread for the use of the Poor of the Parish where such offence shall be Committed and also Pay a further sum not exceeding Ten Shillings to be levied by distress and Sale of the offenders goods and Chattels by warrant from the said Justice or Justices before whom such conviction shall be made to be given for the use of the informer or inform ers' — AND BE IT FURTHER ENACTED by the Authority aforesaid that if any baker or Seller of Statutes, Colonial and Revolutionary, 1768-1773. 19 Regulating Assize of Bread. of Soft Bread as herein before mentioned shall put into any such bread by him or her sold or exposed to Sale any mixture other than what shall be necessary for the well making or baking thereof to be judged of by the Justice or Justices trying and examining the same every such per son so offending shall for every such offence forfeit all such bread so fraudulently mixed for the use of the Poor of the Parish where the offence shall be Committed and also a sum not exceeding Twenty Shillings for the use of the informer or informers to be recovered in man ner before directed — PROVIDED ALWAYS that no Person shall be convicted in manner aforesaid for any of the offences beforesaid unless the same shall be prosecuted within three days next after such offence shall be Committed — AND BE IT FURTHER ENACTED by the Authority aforesaid that it shall and may be Lawfull for any Justice or Justices of the Peace at all times hereafter in the day time to enter into any House, Shop, Stall, Bake House, or ware house of or belonging to any baker or Seller of Bread and there search for view or try and Weigh all and any of the Bread men tioned in this Act of such person or persons or which shall be there found and if any such Bread so found shall be wanting either in good ness' of its materials or not be duly Baked or wanting in its due weight or not marked as aforesaid 20 Colonial Records Regulating Assize of Bread. aforesaid or shall be composed of or made up with any other Materials than what is allowed by this Act then and in every such Case it shall be Lawfull for the said Justice or Justices to Seize and take the said Bread so found and cause the same to be given and distributed to the poor of the Parish where such Seizure shall be made and if any Baker or Seller of Bread or other Person shall not Permit and Suffer such Search and Seizure to be made or shall oppose hender or resist the same, he, she, or they, so doing shall for every such offence for feit the sum of Five Pounds Sterling to the use of the poor of the said parish to be recovered in the same manner and form as before di rected — PROVIDED ALWAYS AND BE IT FUR THER ENACTED by the Authority aforesaid that if any Person or Persons convicted of any offence against this Act shall think him her or themselves Aggrieved, He, She or They shall or may immediately or within Three days after such Conviction make his or her appeal in Writing to any Two Justices of the Peace of the district where such conviction shall be made by whom the same shall be heard and finally determined within Ten days after such Appeal made and if the said Person or Persons so Appealing shall not make good his, her or their appeal or prosecute it with Effect the said Justices shall award such Costs as they shall Statutes, Colonial and Revolutionary, 1768-1773. 21 Regulating Assize of Bread. shall think reasonable to the prosecutor or in former and in case such person or persons re fuse to pay the said Costs to Commit the of fender or Offenders to the common Goal un- l^s they give sufficient security untiU he, she, or they shall make payment of the said Costs and also the penalty Adjudged on the Convic tion to the informer but in case the said Ap- pealant or Appealants shall make good his, her, or their Appeal and be discharged of his, her, or their Conviction the like reasonable costs shall be awarded to the Appealant or Appeal ants against such informer to be recovered as aforesaid AND BE IT FURTHER ENACTED by the Authority aforesaid that if any Action or suit shall be commenced or brought against any per son or persons whatever for doing or Causing to be done any thing in persuance or execution of this Act or relating thereto the defendant in every such Action or Suit may plead the Gen eral Issue and give the special matter and this Act in Evidence and if the Plaintiff be non suited or discontinue his Action or a Verdict be given against or Judgement be otherwise given for the defendant every such defendant shall have and be allowed his double Costs — AND BE IT FURTHER ENACTED by the Authority aforesaid that this Act shall be and Continue in force for Three Years and from thence 22 Colonial Records Prevent Spreading Small! Pox. thence to the end of the next Session of the Gen eral Assembly and no longer. By Order of the Commons House of Assembly ALEX WYLLY Speaker By Order of the upper House of Assembly N JONES Council Chamber 11.'" April 1768 Assented to JA: WRIGHT. (State Archives'.) AN ACT To Prevent as much as may be the Spreading, of the Small Pox in this Province. WHEREAS it may be necessary under proper regulations to Prevent the Spreading of the distemper commonly called the small Pox in case the same at any time hereafter should be brought into this Province We there fore Pray your most Sacred Majesty that it may be Enacted AND BE IT ENACTED by his iStatutes, Colonial and Revolutionary, 1768-1773. 23 Prevent Spreading SmaU Pox. his Excellency James Wright Esquire Captain General and Governor in Chief of his Majes ties Province of Georgia by and with the Advice and Consent of the Honourable Council and commons House of Assembly of the Said Prov ince in General Assembly met and by the Au thority of the same that from and after the passing of this Act if any Person Whatever within this Province shall Inoculate or Ingraft or cause to be Inoculated or Ingrafted the dis ease or distemper commonly Called the small Pox in or upon him, her, or themselves their family or Slaves or in or upon any other Per son or Persons Whatever (except as herein after excepted) or shall wilfully or Knowingly inflict or cause to be inflicted the said disease or distemper or shall use any art device or Con trivance whatsoever or shall willingly or Know ingly do any Act, matter, or thing by which or by reason whereof the infection of the said disease or distemper may be inflicted upon given to or received by him her, or themselves, their family or slaves or any other Person or Persons whatsoever within the Province as aforesaid or by which or by reason whereof the Infection of the said disease or distemper may be spread or communicated to any person or Persons whatsoever within the same then and in every such case every Person who shall offend in any of the Premisses for every such offence shall forfeit the sum of One Hundred Pounds Sterling And 24 Colonial Records Prevent Spreading SmaU Pox. AND BE IT FURTHER ENACTED by the Authority aforesaid that it shall and may be Lawfull for any one or more Justice or Justices of the Peace residing in Savannah or in any other Town or parish taking to his or their as sistance the Church Wardens, if any and Con stables of the said Parish or any of them and the said Justice or Justices Church Wardens and Constables are hereby Authorized and re quired to take such prudent necessary and rea sonable methods from time to time as they in their discretion shall think fit for hindring in fected persons being brought within this Prov ince — AND BE IT E'URTHER ENACTED by the Authority aforesaid that if any infected per son or persons shall come into this rro\'ince and all and every person or persons who shall Aid procure or assist in bringing. Sending, or Conveying such infected person or persona within the same shall forfeit severally and re spectively for '^very such offence the sum of One Hundred pounds Sterling — AND BE IT ENACTED by the Authority aforesaid that in case any Justice of the Peace aforesaid or any person whom he shall com- miand to his assistance not having reasonable excuse shall wilfully neglect or refuse to do and execute the duty required of them by this Act every such Justice and other person so offend ing shall forfeit for each offence the sum of Ten Statutes, Colonial and Revolutionary, 1768-^1773. 25 Prevent Spreading Small Pox. Ten pounds Sterling and in case any person or persons whatsoever shall wilfully resist ob- struet or oppose any such Justice or other per son commanded to his Assistance in putting this Act in execution any Justice upon view or In formation thereof shall immediately issue his Warrant to apprehend and bring such person or persons before him or any other Justice of that parish and every such person being so brought shall be bound with Sufficient Sureties by Recognizance to appear at the next Session of Oyer and Terminer and on failure of giving such security be committed to the common Goal of Savannah, imtiU the Session aforesaid and shall upon conviction forfeit and pay the Sum of One Hundred poimds Sterling and on failure of payment thereof shall Suffer Three Months imprisonment without Bail or Mainprize — ANB BE IT FURTHER ENACTED by the Authority aforesaid that in case any Slave shall be inoculated or ingrafted or being Known to be infected with the said distemper or dis ease shall be sent, brought, carried or conveyed from the usual place of residence of the said Slave to any other part of this Province con trary to the true intent and Meaning of this Act the owner or other person having the Care or Charge, of every such slave shall be Ad judged, deemed, and taken, to have Caused and Procured such offence to be committed and shall be subject and liable to the same penalty and forfeiture as is herein before imposed on any 26 Colonial Records Prevent Spreading Small Pox. any other person infected 'with the said distem per, and coming, being, brought, or Sent within this Province unless such owner or other person as aforesaid shall upon Oath declare that such Negroe or other Slave did not come or was not sent or brought with his or her Knowledge or Consent AND BE IT FURTHER ENACTED by the Authority aforesaid that where any person or persons shall be infected with the said disease in any House within the Limits of any Town Village or Plantation within this Province every master, owner, or other person having the care or Charge of such House shall immedi ately upon discovery of such infection Fix or Cause to be affixed on the front door of s'uch House as aforesaid and also at the most Pub lick place within the said Townes Villages or nearest to the said Plantations, Advertisements signifying that the small pox is at such House and in case such Master, Owner or other per son having the Care or charge of such house as aforesaid shall neglect or refuse to fix or cause to be affixed such Advertisements hereby di rected each and every person so neglecting of refusing shall forfeit for every such offence the sum of Ten pounds Stirling — AND BE IT FURTHER ENACTED by the Authority aforesaid that no person or persons shall build or erect or Cause to be Built or Erected any Hospital or Sick House for the re ception Statutes, Colonial and Revolutionary, 1768-1773. 27 Prevent Spreading SmaU Pox. ception of Patients, or shall convert or Cause to be converted any house already Built into an Hospital or Sick house for the reception of Pa tients or persons infected with the small pox except those of his, or, her family. Servants or Slaves within Eight hundred yards of any Pub lick Road under the penalty of one Hundred pounds Sterling. AND BE IT FURTHER ENACTED by the Authority aforesaid that this Act shall not ex tend or be construed to extend to prevent any person or persons -within the said Province upon whose plantation or in whose house the said disorder shall break out, from Inoculat ing him, her, or themselves or any part of their familys or any of their Slaves within the said Plantations or in the said House — AND BE IT FURTHER ENACTED by the Authority aforesaid that if at any time it shall be thought expedient during the continuance of this Act to j,dmit Inoculation, Then it shall be Lawfull for the Governor or Commander in Chief for the time being by and with the Ad vice and Consent of the Honourable Council to give permission for persons being Inoculated •with the said disease or distemper under such regulations and restrictions as they shall think Proper and Notify by proclamation, any thing in this Act contained to the Contrary notwith standing. And 28 Colonial Records Prevent Spreading SmaU Pox. AND BE IT FURTHER ENACTED by the Authority aforesaid that all and singular the penalties and forfeitures imposed by this Act shall be disposed of in manner following, that is to say One half to his Majesty towards de fraying the Expence in putting this Act in Ex ecution, and the over plus of such half, if any, to the use of the poor of the parish where the offence shall be committed and the other half to him or them who shall sue for the same by Action of debt. Bill, Plaint or information in the General Court of Pleas in this Province where no essoign, protection, or Wager of Law or more than One Imparlance shall be Admitted or allowed and all and every Person or per sons who shall be sued or prosecuted for doing any thing in execution of this Act shall and may Plead the General Issue and give the spe cial matter in evidence and if any Plaintiff or prosecutor shall become nonsuited suffer a dis continuance Enter a Noli prosequi or a Verdict shall pass against him, the defendant shall re cover his Treble Costs — AND BE IT FURTHER ENACTED by the Authority aforesaid that this Act shall Con tinue and be in force for the term of Three Years and from thence to the end of next Ses sion of the General Assembly and no longer. — By Order of the Commons House of Assembly ALEX WYLLY Speaker By Statutes, Colonial and Revolutionary, 1768-1773. 39 Tax Act. By Order of the upper House of Assembly N JONES Council Chamber 11.* April 1768 Assented to JA: WRIGHT. (State Archives.) AN ACT For Granting to his Majesty the sum of Three Thousand, Three Hundred and Seventy Five pomvds Four ShiUings and One Penny for the use and support of the Government of Georgia for the year One Thousand Seven hundred and Sixty Eight to be raised at certain rates and after the method therein mentioned and for the more Effectual collecting of Arrears. WE his Majesties most dutifull and Loyal Subjects the Commons House of Assembly of Georgia taking into our Consideration the Ex pences Necessary towards the support of this Government for the present year and having Re solved to supply the same do by this Act chear fully and Voluntarily give and grant unto his Majesty 30 Colonial Records Tax Act. Majesty the sum of Three Thousand, Three Hundred and Seventy Five Pounds Four Shil lings and One Penny to be raised and levied and paid in the Manner and for the purposes herein after in this Act Mentioned and we do therefore humbly pray your Most Sacred Ma jesty that it may be Enacted, AND BE IT EN ACTED by his Excellency James Wright Es quire Captain General and Governor in Chief of his Majesties Province of Georgia by and with the Advice and Consent of the Honourable Council and Commons House of Assembly of the said Province in General Assembly met and by the Authority of the same. That the sum of Three Thousand Three Himdred and Seventy Five Pounds, Four Shillings and One Penny shall be raised levied and paid within the space of One year from the Twenty Ninth day of Sep tember One Thousand Seven Hundred and Sixty Seven and is hereby Granted to his Majesty for the use and Support of this Government in the manner as is herein after mentioned and di rected. AND BE IT FURTHER ENACTED that to wards raising the said Sum of Three Thousand Three Hundred and Seventy Five Pounds, Four Shillings and One Penny the several rates and sums following shall be rated and Assessed as herein after mentioned, that is to say, the sum of Two Shillings and Six pence on every Hun dred Acres of Land in this Province holden and (Statutes, Colonial and Revolutionary, 1768-1773. 31 Tax Act. and possessed by Grant or Warrant by any per son or persons whatsoever, the Sum of Seven Shillings and Six pence on every Hundred pounds Value on all Lots in the Towns, of Sa vannah, Ebenezer, Augusta, Frederica and Sun bury Wharf Lots and Lots laid out on Lands commonly called Yamacraw, the Trustees Gar dens and Ewensburg; The sum of Five Shil lings on every Hundred pounds Value of Build ings and improvements on the said Lots. The sum of Two Shillings and Six Pence, on every Negroe or other Slave whatsoever being within the limits of this province. The sum of Fifteen Shillings on every Free Negroe Mulattoe or Mustie above the Age of Sixteen years. The Sum of Seven shillings and Six Pence on every Hundred pounds Value of all goods. Wares, and Merchandize imported with intent to Sell again by any Merchant, Factor, Store keeper, or other person whatsoever to be rated at the price thereof as imported ('Goods, Wares, and Mer chandize imported by transient persons only Excepted), the sum of Twelve Shillings and Six pence on every Hundred pounds let or lying at Interest by Choice, AND BE IT FURTHER ENACTED that all and every person and persons Whatsoever hav ing any Estate or Interest in any Lands, Ten ements, Goods, or Chattels within this Province shall on or before the last Tuesday in May after the passing of this Act render a Particular Ac- coimt in Writing upon Oath (or affirmation if a Quaker 32 Colonial Records Tax Act. Quaker) to the best of his, her, or their knowl edge unto the Collectors of the several Parishes where, he, she, or they, shall respectively reside of all Lands, Lots Houses, Slaves, Monies at Interest, Goods and effects, whatsoever whereof he, she, or they is or are Seized or possessed or Interested in hable by this Act to the rates and T,axes, aforesaid and where situate and being and of all Deer Skins and beaver Skins by him, her, or them, exported or sent out of this Prov ince except in Ships bound to Great Britain at such time and place as the Collectors herein af ter named shall respectively direct and appoint who are hereby required to give Fifteen days Notice thereof at least by Publick Advertise ment specifying the several rates aforesaid and all and every the said person and Persons so giving an Account as aforesaid shall at the same time pay to the said Collectors the several sums and Taxes due from him, her, or them thereupon as by this Act rated and assessed. AND BE IT FURTHER ENACTED that the said Collectors respectively shall and they are hereby required to Administer the Oath follow ing to all and every person and persons at the time of receiving his, her, or their, Accoimt first entering such Accoxmt in the List or Schedule agreeable to the form to this Act Annexed whereto the persons so paying their Tax shall respectively subscribe their Names in the Col umn of the said Schedule for this purpose As signed: I: "A: B: do solemnly Swear (or af- "firm Statutes, Colonial and Revolutionary, 1768-1773. 33 Tax Act. "firm as the case may be) in the presence of "Almighty God that the Account now by me "given and dehvered to the Collectors of the "Public Tax doth contain a just, true, and par- " ticular Account of all the Lands, Town Lots, ' ' Houses and Slaves, whereof I am in any wise "Seized possessed intituled unto or Interested "in either in my own right or as Attorney, "Guardian Executor, or Administrator or Trus- " tee to any other person or persons Whatsoever "and of the amoxmt of the prime Costs of aU "goods Wares and Merchandise by me im- " ported with intent to Sell again or Consign- "ed to me for Sale on Commission and of all "Deer SMns and Beaver Skins by me exported "or sent out of the Province, except in Ships "bound to Great Britian from the First day of "April, One Thousand Seven Hundred and "Sixty Seven exclusive to the first day of April "One Thousand Seven Hundred and Sixty Eight "inclusive (the produce of this Province and "goods exported as a remittance only excepted,) "and also of aU Moneys lett or Lying at Inter- "est by Choice in this Province either in my * ' own right or in the right of any other person "or persons whatsoever. So help me God" AND BE IT, FURTHER ENACTED that for the more effectual recovery of the arrears of the last and every preceeding years Tax, all and every the said person and persons hereby Lia ble to the payment of the said Tax by this Act imposed 34 Colonial Records Tax Act. imposed shall at the time of giving his, her, or their Account, as herein before required produce to the Collector or Collectors a receipt for the last years Tax or otherwise declare upon Oath (or affirmation as the case shall be which the Collectors hereby appointed are Severally and respectively Authorized and required to Ad minister) thalt, he, she, or they, hath or have paid the Pubhck Tax for the last and every preceed ing Year agreeable to the rates thereof and in case such person or Persons shall be in Arrears for the Last or any Preceeding years Tax, he, she, or they, shall then give an Account thereof upon Oath and pay the same to the Collectors Accordingly in failure whereof the same shall and may be rated Assessed and levied as herein after Provided. AND BE IT FURTHER ENACTED that in case any person or persons who shall give an Account of their Lands, Slaves and Effects as herein before required and shall not at the same time pay the Tax thereupon due from him, her, or them as herein before directed or within Thirty days after such Account so by him, her, or them given in that case then it shall and may be Lawfull to and for the several Collectors and they are hereby respectively required to cause the same to be levied in Manner as herein after mentioned. AND BE IT FURTHER ENACTED tiiat if any person or persons whatsoever shall neglect or Statutes, Colonial and Revolutionary, 1768-1773. 35 Tax Act. or refuse to give an Account of their respective Lands, Lots, Houses, Slaves, Monies let or ly ing at Interest by Choice, Goods, and Effects, as aforesaid at the time and in the manner as by this Act is herein before directed the Collectors respectively and either of them shall and they are hereby severally authorized and required within Ten days after the said last Tuesday in May to rate and Assess every such defaulter or defaulters double the Tax which, he, she, or they shall have paid for the last year and in case such defaulter or defaulters shall not have paid any Tax for the year preceeding then the said Collectors shall thereupon rate and assess every such defaulter or defaulters to the best of his or their knowledge for double the Estate which, he, she, or they shall possess and in ei ther case shall cause the same to be levied as herein after is directed AND TO prevent Free Mulattoes or Mestizoes from evading the pay ment of the Tax by pretending to be Spaniards or other foreigners BE IT FURTHER EN ACTED that every such person who shall be reputed a mulattoe or a Mustizoe shall be as sessed as such unless he can prove to the Con trary. AND BE IT FURT,HER ENACTED, that the several rates and Taxes hereby rated and imposed shall be levied on the Goods and Chat tels of the Defaulter and defaulters by warrant under the Hand and Seal of the Collector or Collectors of the parish wherein such defaulter or 36 Colonial Records Tax Act. or defaulters shall reside to be directed to any Constable or Constables thereof requiring him or them to levy the same by distress and sale of the Defaulter or Defaulters Goods and Chat tels returning to him or them the Overplus if any after deducting the Charges following Vizt. To serving any warrant of Execution One Shil ling, One Shilling in the Pound for every Pound Levied, and Two Pence for every mile to be computed from the dwelHng House of the Con stable levying the same to the place of resi dence of every such Defaulter or Defaulters and the Collectors respectively shall and may take One Shilling and six pence for every such war rant and every Constable refusing or neglecting to execute such Warrant shall for every offense forfeit and pay the sum of Five pounds to be re covered by Warrant of distress of any Justice of the peace where the offence shall be commit ted on due proof thereof made before him by any Collector or Collectors and in case no Goods or Chattels of such Offender may be found whereon the said Distress may be le-vded then it shall and may be lawfull for such Justice of the Peace to commit such Offender to the com mon Goal in Savannah there to remain for the Space of three months or untill the said Sum of Five Pounds shall be satisfied. AND BE IT FURTHER ENACTED that the several Persons herein after named shall be and they are hereby appointed Collectors for the several Statutes, Colonial and Revolutionary, 1768-1773. 37 Tax Act. several Parishes herein after mentioned respec tively that is to say For the Town of Savannah and Parish of Christ Church Robert Bolton, Jo seph Wright and Phillip Box Esquires For the Town of Ebenezer and Parish of Saint Mat thew, John Fieri and John Gaspar Wertsch Es quires For Hallifax and Parish of St. George John Thomas and Andrew M'lCurry Esquires For the Town of Augusta and Parish of Saint Paul John Tinkler James Grierson and Robert Germany. For the Parish of Saint PhilUp Wilham LeConte Esquire and James Butler Son of Joseph For the Town of Sunbury and Parish of Saint John John Martin Esquire Simon Munro and Benjamin Andrew For Darien and Parish of S': Andrew Thomas Quarterman Hugh Clark and James McLellan For the Town of Frederica and Parish of Saint James John Poison Esquire and John Martin For the Par ish of Saint David Saint Patrick Saint Thomas and Saint Mary John Simpson Junior John Grayson William Clark and Jacob Helvenstine. Which said Collectors respectively shall before their entering upon their office fake the Oath following before any Justice for the Parish where they shall reside That is to say "I, A. B. "do solemnly swear that I will well and f aithf ul- "ly according to the best of my Knowledge and "Ability and so that the Public Tax shall sus- "tain no Loss of Damage from any wilful neg- "lect or omission of mine Observe, execute and "perform the several matters and things re quired 38 Colonial Records Tax Act. "quired of me to be done and performed in and "by an Act of the General Assembly of this "Pro-vince Intituled An Act for granting to His "Majesty the Sum of Three Thousand Three "Himdred and Seventy five Pounds Four Shil- " lings and one penny for the Use and Support "of the Government of Georgia for the Year "One Thousand Seven Hundred and Sixty "Eight to be raised at certain Rates and after "the method therein mentioned and for the "more effectual collecting of Arrears according "to the true intent and meaning thereof so help "me God" which Oath the said Justice is hereby Authorized and required to administer accord ingly and to give a Certificate thereof under his Hand and Seal which shall be produced by the Collectors respectively at the same time of de livering their Accounts to the Treasurer as herein after is required. AND WHEREAS there are Sundry Tracts of Land Lots Houses and Monies the Proprietors whereof are not resident in this Province BE IT, THEREFORE FURTHER ENACTED that all Attomies Trustees Executors and Ad ministrators and other Persons any wise con cerned for Absentees shall make due return to the Collectors of the Parishes respectively where they shall reside and of all the Estate and Effects they shall possess or be interested in as Attorneys Guardians Trustees, Executors or Administrators or otherwise and shall and they are hereby made liable to the payment of the Rates Statutes, Colonial and Revolutionary, 1768-1773, 39 Tax Act. Rates and Taxes assessed thereon out of their own Estate and Effects in manner as herein be fore mentioned, unless such Attorney or Attor neys, Guardian or Guardians, Trustee or Trus tees, shall make Oath before the Collectors or one of them that he has renounced his power and Attorneyship before the Tax became due and without any intent to evade the payment thereof and every such Attorney and Attornies Guardian, and Guardians Trustees Executors and Administrators shall and may deduct 'the Tax he or they shall so pay out of the Effects of the Absentees in his or their Hands and in case of no such Effects every such payment shall and is hereby made Alien and Charge upon the Lands and Chattels of every such Absentee His Heirs and Assigns and shall and may accord ingly be recovered at any Time afterwards by the Person or Persons paying the same his her or their Executors or Administrators in any of His Majesty's Courts of this Province. AND WHEREAS The payment of the Pub Uck Tax hath been evaded 'by Persons settled on or near the Banks of the Savannah River that hold or possess Lands on the opposite side thereof in the Province of South Carolina by removing their Slaves from this Province at the Time of Collecting the Tax for Remedy whereof BE IT FURTHER ENACTED that all and every such Person or Persons so holding Lands in both Provinces at the time of giving an ac count of his and their Lands and Estates to the Collectors 40 Colonial Records Tax Act. Collectors as herein before required shall pro duce to such Collector or Collectors a Receipt or Certificate from the Collector or Collectors of Tax in South Carolina of the Number of Slaves for which Tax shall have been paid by Mm her or them for the present Year or other wise shaU make Oath before the Collector or Collectors aforesaid to the Effect following Viz' : That He She or They Hath or have paid or are hable to pay the public Tax in the Prov ince of South Carolina for the present Year for all his her or their Slaves other than such as are contained in the account now delivered in to the Collector or Collectors as aforesaid pursuant to the directions of this Act and all and every Person and Persons who shall refuse to produce such Receipt or Certificate or to make Oath as aforesaid shall be liable to pay Tax for the whole Number of his her or their Slaves and the said Collectors shall in default of payment accord ingly issue warrant of Execution for the same as herein before directed. AND BE IT FURTHER ENACTED that the said Collectors respectively shall on or before the first day of July next after the passing of this Act or within ten days after close their ac counts and deliver the same in person together with the Tax List aforesaid and also an account of the Lands held by Absentees or persons not resident in the Parish unto the Treasurer of this Province and at the same time shall pay him all such Statutes, Colonial and Revolutionary, 1768-1773. 41 Tax Act. such Monies as by them or either of them shall have been respectively received in pursuance of this Act after deducting for Commissions at the rate of Six Pence for every Pound and no more and the said Collectors respectively shall sign the Tax Lists by them delivered and at the same time upon Oath shall deliver to the Treasurer an account of their own Lands Slaves and Es tates in like manner as by this Act is required of others to be given to them and shall pay the Taxes for the same accordingly in default whereof the same shall and may be assessed and levied by the Treasurer in manner as aforesaid. AND BE IT FURTHER ENACTED that aU deeds and conveyances whatsoever of any Lands Tenements Goods or Chattels by any person or persons whatsoever made with an intent to avoid being assessed or paying Tax for the same as aforesaid shall and are hereby declared to be Fraudulent and Void to all intents and purposes whatsoever. AND BE IT, FURTHER ENACTED that the several Collectors or any or either of them who shall refuse to do and perform the several mat ters hereby required of them respectively to be done within the Time prescribed by this Act shall for every such neglect or refusal forfeit the Sum of Fifty Pounds to his Majesty for the support of this Government to be sued for and recovered by the Treasurer in any Court of Record in this Province. Ana 42 Colonial Records Tax Act. AND BE IT ALSO ENACTED that in case any Collector or Collectors of the present or any former Taxes shall refuse or neglect to give in upon Oath to the Treasurer a true and just ac count of all Monies received by him or them or due to his Majesty on account of the Tax herein imposed or on account of any former Tax within their several respective districts by the time herein before limited that then it shall and may be Lawfull for the Treasurer and he is hereby enjoyned by Warrant under his Hand and Seal to commit such Collector or Collectors to the common Goal in Savannah there to remain •without Bail or Mainprize untill He or they shall have rendered upon Oath to the Treasurer a full and satisfactory account of and shall have paid all such Sums so as aforesaid by him or them collected and have given an account of all Monies due to his Majesty in his or their several and respective districts by virtue of this or any former Tax Act and have paid the regular Char ges of such Commitment. AND BE IT FURTHER ENACTED That the Governor and Council shall give an Order to the Treasurer for the time being and shall issue the Monies raised and granted as aforesaid in the following Manner, that is to say For defraying the expences of boldina- the Court of Oyer and Terminer a sum not exceeding Ninety Pounds Carr:^ up £90:0:0 Brought Statutes, Colonial and Revolutionary, 1768-1773. 43 Tax Act. Brought up £90:0:0 To the Justices of the Bench for holding Two Courts 6:0:0 To the Attorney General a sum not exceeding Ten Pounds 10:0:0 To the Provost Marshall for sum moning Jurys Publishing Proc lamations executing Writs of Election attending the Courts of Oyer & Terminer Thirty Pounds 30 :0 :0 To him for maintenance of Prison ers a Sum not exceeding Thirty Pounds 30:0,0 To the Clerk of the Crown a Sum not exceeding Four Pounds 4:0:0 To the Cryer and keeper of the Court Ten Pounds 10:0-0 For defraying the Expences of holding the general Assembly a Sum not exceeding One Hun dred and Ninety Pounds 190:0:0 To the Clerk of the Upper House His Sal ary Thirty Pounds 30 :0 :0 To him as Clerk of the Council for transmitting minutes and other incidental Business a Sum not exceeding Forty Pounds 40:0:0 To the Clerk of the Commons House his Salary Thirty Pounds 30 :0 :0 To 'him for incidental Business and transmitting Minutes a Sum not exceeding Forty Pounds 40 :0 :0 To 44 Colonial Records Tax Act. To the Door keeper and Messenger of the Upper House his Salary Twenty five Pounds 25:0:0 T,o the Messenger and Door keeper of the Commons House his Sal ary Twenty five Pounds 25:0:0 Tb the Secretary for Copying and Sealing Acts and other inciden tal Business a Sum not exceeding Forty Pounds 40:00:00 For Expresses sent in the service of the Government not exceeding Sixty Pounds 60 :00 :00 To the Pubhc Commissary Twenty Pounds 20:00:00 To Governor Ellis's Annuity Fifty Pounds — 50:00:00 To the Commissioners of the Church Bal ance of Money bor rowed Four hundred pounds 400:0:0 To Ditto One Years In terest on Ditto to the 29:"- September 1768 Thirty two Pounds— 32:0:0 432:00:00 Towards sinking the Certificates Issued for Building a Court House in Savannah Five Hun dred hundred Pounds 500:00:00 Por supplying His Majesty's Troops doing Duty in this prov ince Statutes, Colonial and Revolutionary, 1768^1773. 45 Tax Act. ince agreeable to a resolution of 29 :*' October last with the follow ing Articles Viz:* Fire Wood Candles Vinegar and Salt, Bed ding, utensils for dressing their Vituals small Beer or Cyder not exceeding Five Pints of half a Pint of Rum or in lieu thereof three pence Sterling Per Diem to each man respectively and also to defray the Expences of providing necessary Carriages for the said Troops on their March through any part of the Province and for the Hire of Bams or Outhouses for their Lodgement where no Barracks are and to continue for one Year to commence the 1 :^ of Novem ber 1767 a Sum not exceeding Two hundred Pounds 200 :00 :00 Carr:* Over 1582:00:00 Brought over £1582:00:0 A Bounty to the several Pilots of this Pro-mice as an induce ment to exert themselves in the discharge of their Duty to be is sued and paid on a Certificate of the respective Commissioners named in an Act for Regulating the 46 Colonial Records Tax Act. the Pilotage of Vessels in the several Ports of this Province after the Rate of thirty Shil lings for every Ship or Vessel that shall be brought from Sea into any of the Ports of this Province by such Pilots proof thereof upon Oath being made by the Master or Commander of every such Ship or Vessel before the Officer commanding at Fort George on the Island of Cock spur or the Comptroller of the Country Dutys for the Port of Sunbury as the Case may be which Oath the said Officer and Comptroller respectively are hereby Authorized and Required to administer to the several Mas ters or Commanders of Vessels arriving in this Province as aforesaid (Vessels employed in the Coasting Trade excepted) a Sum not exceeding One hundred and fifty Pounds 150:00:00 To the Pilot at Midway a Salary of Twenty Pounds 20 :00 :00 To the Printer a Salary of Fifty Pounds 50:00:00 Tb the amount of the appraised Value of the Buildings at Ogee chee Ferry agreeable to an Act of Statutes, Colonluj and Revolutionary, 1768-1773. 47 Tax Act. of Assembly passed the 9 :*" day of June 1761 Eighty Five Pounds 85 :00 :00 To John Simpson Esquire his Ac count for Copying and Trans mitting Minutes of the Commons House of Assembly Ninety three Pounds ten ShiU^^ : & Six Penee_ 93 :10 :6 To Joseph Piercy his Account as Interpreter for Indians upon an extraordinary occasion Thirty one Shillings and Six Pence 1:11:6 To the Honorable Alexander Wylly Esquire his Account for the statutes at large Fourteen Pounds and 'Six Pence 14 :00 :6 To Edward Bernard Esquire his account for Cash he Paid John Bacon Constable One Pound and Four Pence 1:0:4 To Thomas Lee Junior and Benja min Weddle their account for re pairs of Windows Seventeen Shillings and Two Pence 17 :2 To Thomas Mack Constable his Account Thirteen Shillings and four pence 13:4 To James Pritchard Constable his Account One Pound One Shil ling and Eight pence 1:1:8 To John Mcintosh His Account for horse hire seventeen Shil lings and Six pence 17:6 To 48 Colonial Records Tax Act. To Noble Wimberly Jones Esquire his account for Medicines to the Prisoners in Goal Tlhirty two Pounds Eight Shillings and One Penny 32:8:1 To George Galphin Esquire his Ac count for the Satisfaction he made to simdry Indians for the damage sustained by them from several Lawless People Forty four Pounds ten Shillings and two Pence 44:10:2 To Benjamin Le-wis his account of Ferriage of Militia Three Pounds four Shillings 3:4:0 To Thomas Lee his account Five Pounds four Shillings and seven pence 5:4:7 To John Smith (Block Maker) his account for Cartouch Boxes for Fort George One Pound ten Shil lings 1:10— To John Lyon his account for the hire of a Room for holding the Courts Two Pounds Two Sliil- lings 2:2 — Carried up 2089:11:4 Brought up 2089:11:4 To James Johnston his Account for Printing Twenty eight pounds Six Shillings 28:6 — To John Rivers for two Negroes Executed Statutes, Colonial and Revolutionary, 1768-1773. 49 Tax Act. Executed Eighty Pounds 80:00— To John Goulding for a Negroe Executed Thirty Seven Pounds. 37 :00^ To Josiah Osgood Constable his account Ten Pounds Eleven ShilUngs and eight pence 10:11:8 To Samuel Salters for a Negroe Executed Forty Pounds 40:00— To Samuel Stevens for two Ne groes Executed Eighty Pounds 80 :00 — To Thomas Peacock Constable his account Eighty Pounds Eleven Shillings and Five pence 8:11:5 To William McKenzie for a Negroe Executed Forty Pounds 40:00^ To Peter Tondee for a Negroe Executed Forty Pounds 40:00— To Roger Kellsall for a Negroe Executed Forty Pounds 40:00— To Charles Watson Esquire Bal lance of his Account as Clerk to the Council Sixteen Pounds thir teen Shillings and Eleven Pence 16:13:11 To the Rector of the Parish of Saint Paul to be paid upon Cer tificate of the Church Wardens and Vestry of the said Parish Fifteen Pounds 15:00— To Daniel Nunez Searcher, over and abeve the Sum provided for him by an Act for laying a Duty on Goods imported from the Northern 50 Colonial Records Tax Act. Northern Colonies Ten Pounds- 10:00 — For Firewood and Candles for the use of the Patrol a Sum not ex ceeding Ten Pounds 10:00 — To an Officer at Ten Pounds P'': Month and Five Men at Thirty Shillings P'^ : Month to Garrison Fort George on the Island of Cockspur for twelve Months to commence the 8"": November 1767 Two hundred and Ten Pounds 210:00:— To Charles Pryce Esquire Balance of His Account to the 10*: of last August Twenty One Pounds four Shillings and Eleven Pence halfpenny 21:4:11 J4 To the Clerk of the Cro-wn Balance of his Account Sixteen Pounds twelve Shillings and one penny. _ 16 :12 :1 To the Provost Marshall the Bal ance of hi.s Account Sixty Eight Pounds 68:0:— To Robert Baillie Esquire his Ac count for supplying sundries to Indians Three Pounds Eleven Shillings and one penny 3:11:1 To Matthew Roche Acting Provost Marshal as a Reward for 'his ex traordinary Care and Diligence in securing William Sikes a no torious Villian untill the time of his Statutes, Colonial and Revolutionary, 1768-1773. 51 Tax Act. his Execution Six Pounds Six Shillings 6:6:— Tb Grey Elliott Esquire for draw ing Eight Bills Sixteen Pounds- _ 16 :00 :— To Jeremiah Helvenstine for a Beef killed for the use of a Party of the Militia going to Setella, Two Pounds Two Shillings and Six Pence 2:2:6 To defraying the Expense of Sur veyors Chain Carriers &c and of the Indians and such Gentlemen as attend the marking of the In dian Line a Sum- not exceeding Forty Pounds 40:00:— To Jeremiah Sliterman for keep ing clean the Public Arms to be paid at the rate of One Shilling P"^: Annum for each stand on a Certificate from the Commissary of such service being performed a Sum not exceeding Twenty Pounds 20:00:— To make good the deficiency owing to the several Pilots of this Pro- -vince on the Certificates for bringing in Vessels over the dif ferent Bars a Sum not exceeding Sixty Pounds 60:00— Carr^- over 3009:10:111/2 Brought 52 Colonial Records Tax Act. Brought over £3009:10:111/2 To Cowper «& Telfair their Account for Colours for the use of Fort George, Five Pounds, Three Shillings and Six pence 5:3:6 To the Agent for Solliciting the Affairs of this Province in Great Britain his Salary One Hundred Pounds 100:00:— To the Register of Grants a Sum not exceeding Five Pounds 5:00: To the Coroner a Sum not exceed ing Five Pounds 5:00:__ To John Francis Williams Esquire for money paid by him as a re ward for apprehending and con- ¦^icting a Horse Stealer Fifteen Pounds 15:00— £3139:14:51/2 To the Treasurer his Commission on the above sum at five P': Cent One Hun dred and Fifty-Six Pounds nineteen Shillings and Nine Pence £156:19:9 To the Collectors for their Commission on ditto at 21/2 P': Cent Seventy Eight Pounds Statutes, Colonial and Revolutionary, 1768-1773. 53 ??ax A«t. Pounds nine Shil lings and ten pence half penny 78 :9 :10j^ 235 :9 :7^ £3375:4:1 AND BE IT FURTHER ENACTED that the Fines and Penalties by this Act inflicted not herein before disposed of shall be to his Majesty for the use and Support of this Government. By order of the Commons House of Assembly ALEX^ WYLLY Speaker By order of the Upper House of Assembly N. JONES CouneU Chamber 11*: April 1768 Assented to JA": WRIGHT. State 54 Colonial Records Public Roads. (State Archives.) AN ADDITIONAL ACT To the Act of the General Assembly Intituled an Act "to Impower the Several Commission ers or Surveyors therein after named to lay "out and Make such Publick Roads in the "Province of Georgia as are herein after "mentioned and directed and to Con- "tinue to work upon. Clear, repair, and im-- "prove the Several roads already laid out "and also the rivers and creeks within their "several and respective divisions" for divid ing the second North West division of the Roads in this Province into two parts for Establishing a Division upon the North Side of Great Ogechee river in the parish of Saint Mathew and for impowering the Comm,ission- ers or Surveyors of Roads in the Third South West division to lay out a Public Road within the same and for appointing Addi tional Commissioners or Surveyors for the said division WHEREAS the Second Northwest division of the roads in this Province as established in and by the Act of the General Assembly inti tuled "An Act to impower the several Conunis- "sioners or Surveyors herein after named to "lay out and make such Publick Roads in the "Pro-vince of Georgia as are herein after men- "tioned and directed and to continue to Work upon Statutes, Colonial and Revolutionary, 1768-1773. 56 Public Roads. "upon, Clear, repair, and improve, the several "Roads already laid out and also the rivers and ' ' Creeks within their several and respective di- " -visions" is of so large an extent as to prevent the Commissioners or Surveyors named for the said di-nsipn to do and perform the several du ties required of them in and by the said recited Act. AND WHEREAS the increase of settiers on the south side of Great Ogechee River as well as on the Northern Side thereof makes it necessary to establish a Road for their more easy and speedy Communication with the Town of Savannah, We therefore pray your most Sa cred Majesty that it may be enacted AND BE IT ENACTED by his Excellency James Wright Esquire Captain General and Governor in Chief of his Majesties Pro-vince of Georgia, by and -with the Ad-vice and consent of the Honourable Council and Commons house of Assembly of the said pro-vince in General Assembly met and by the Authority of the same that immediately from and after the passing of this Act the second northwest di-vision shall be di-vided into Two parts and be hereafter distinguished by the names of the upper and lower parts of the said Second Northwest di-vision of the Roads in this Pro-vince and that the said division to be made thereof as aforesaid shall be by the Creek called and Kno-wn by the name of Tuck- asee Kings Creek upon the River Savannah to the Publick Road and from thence in a South West Line to the Boundary herein after to be established 56 Colonial Records Public Roads. estabhshed for a Road on the North side of Great Ogechee River, and that the part of the said Second North West division Lying be tween the said Tuckasee Kings Creek and the south west line as aforesaid to the North west line of the parish of Christ Church do-wn the river Savannah and all Waters, Creeks and Rivers within the same shall be and Continue to be called the Lower part of the said second Northwest di-vision; and that all that part of the said second North West division lying be tween the said Tuckasee Kings Creek and the south West line as aforesaid to the North west line of the parish of Saint Mathew and all Wa ters, Creeks', and rivers within the same shall be and continue to be called the upper part of the said second North West division and that the several Male White Inhabitants, Free Ne groes and Mulattoes and all Male Slaves with in the said upper and Lower parts of the said Second North west division as limited as afore said excepting such as in the said recited Act of the General Assembly are directed to work on the Newington Road shall be and they are here by declared to be liable to work -mthin the said respective parts of the said Second North West division in which they shall reside, AND that the Honourable Clement Martin Esquire, John Adam TreutHn, John Gasper Wertsch Francis Arthur, and John Fieri Esquires; John HaU and Mathias West shall be and they are here by appointed Commissioners or Surveyors of the Statutes, Colonial and Revolutionary, 1768-1773, 57 Public Roads. the Roads within the lower part of the said di-vision and that John Goldwire, Philip How ell, and Isaac Ford Esquires WiUiam Colson and Robert Hudson shall be and they are here by appointed Commissioners or Surveyors of the Roads within the upper part of the said di vision — AND BE IT FURTHER ENACTED that the Commissioners or Surveyors herein after named be and i;hey are hereby Authorized and impowered to lay out a Road from Horse Creek upon the North side of Great Ogechee River to the Road directed in and by the said Recited Act of the General Assembly to be Con tinued from Newington to the best Fording Place above the Honourable Jonathan Bryan's Co-wpen on Great Ogechee River the said Road so to be laid out as aforesaid to run paralel with the said River Great Ogechee and as near ¦the same as conveniently may be and that the said Road and aU the rivers Creeks and Wa ters from Horse Creek to the road to be Con tinued from Newington as aforesaid and with in six MUes of the said river Great Ogechee shall be and Continue to be called the Ogechee division, And that the several Male white In habitants free Negroes and Mulatoes and all Male Slaves within the Limits of the said di-vi sion as aforesaid shall be and they are hereby declared to be liable to work within the said di- -vision. And that David Cutler Braddock Es quire 58 Colonial Records PubUe Roads. quire Mathias Zettler William Powell and John Goldwire Junior shall be and they are hereby declared to be Commissioners or Surveyors of the Roads "within the same and that the said Commissioners and the said Male White In habitants free Negroes and Mulatoes and Male Slaves as aforesaid shall be liable to all and Singular the duties penalties fines and forfeit ures required mentioned declared and Inflicted in and by the said recited Act AND WHEREAS it appears Necessary that a New Road be laid out in Saint Johns parish to open a Communication between the upper and Lower Roads BE IT FURTHER EN ACTED that the Commissioners or Surveyors of the third South West di-vision shall be and they are hereby directed and impowered to lay out a Road from the upper road near the plan tation of Richard Spencer deceased over the Bridge at Donnoms Mill to Join the Lower Road near Beach hUl. AND WHEREAS the present Number of Commissioners or Survey ors of the Roads in the said third South West di-vision is not Sufficient to do the duty within the same BE IT FURTHER ENACTED that . William Dunham and John Martin Esquires shall be and they are hereby declared to be Ad ditional Commissioners or Surveyors of the Roads in the said division AND BE IT FURTHER ENACTED tiiat this Act shall be and continue in force for and during Statutes, Colonial and Revolutionary, 1768-1773. 59 Lease iFerjy Over Great Ogechee. during the term of One Year and from thence to the end of jhe next Session of the General Assembly and no longer By Order of the Commons House of Assembly .\LEX WYLLY SPEAKER By Order of the upper House of Assembly. N JONES Council Chamber. 11*" April 1768 Assented to JA: WRIGHT (State Archives.) AN ACT To impower the Commissioners therein nam,ed to put up to sale for the benefit of the Pub- lich the Ferry over Great Ogechee River at a Place called the Pine Bluff for a term of Five Tears and to Authorise the said Commis sioners to Inspect and regulate the said Ferry : Whereas 60 Colonial Records Lease Ferry Over Great Ogechee. WHEREAS in and by an Act of the General Assembly of this provinoe passed the 9,'" day of June in the year of our Lord 1761 Intituled an Act for for EstabUshing a Ferry over Great Ogechee river at the place caUed Pine Bluff and for vesting the same in John Deveaux the Eldei his Executors and administrators for the space of Six Years the said Ferry was accordingly vested in the said John Deveaux and the said Term being now expired We therefore humbly pray your most sacred Majesty that it may be Enacted AND BE IT ENACTED by his Ex cellency James Wright Esquire Captain Gen eral and Governor in Chief of the Pro-vince of Go'orgia by and -with the Ad-vice and Consent of the Honourable Council And Commons House ef Assembly of the said Pro-vince in General Assembly met md by Authority of the same, that the Commissioners herein after named be and they are hereby Authorized and impowered immediately after the passing of this Act to put up to Publick Sale, and to sell the said Ferry and the rents, Issues, Profits, produce, and Fer riage, of the same to the best bidder for the term of Five Years to Commence from the day of the sale thereof the purchaser or purchasers thereof to pay one Moiety of the purchas© Money at the end and expiration of One Yiear and the remaining Moiety at the end and expi- ration of Two Years from the day of such sal© upon gi-ving such security for the due payment thereof as shall be approved of by the said Commissioners Statutes, Colonial and Revolutionary, 1768-1773. 61 Lease Fony Over Great Ogechee. Commissioners and the said Ferry and the One Hundred Acres of Land reserved for the use thereof at Pine Bluff aforesaid together with the rents. Issues, Profits, produce, and Ferriage thereof, or arising from the same and all and singular the Buildings and improvements there on being is and are 'hereby declared to be vested in such person or persons who shall and may become purchasers thereof as aforesaid, his, her, or their Executors or Administrators for and during the term of Five Years as aforesaid subject nevertheless to the several regulations herein after mentioned and the Monies arising from the sale thereof to be by the said Commis sioners paid to the Treasurer and be in Aid of the General Tax — AND WHEREAS it is absolutely necessary to erect a Brick Chimney and to under pin and make some repairs and improvements to th© house now erected at the said Ferry as weU as to erect a Shed upon the Causeway opposite the same BE IT ENACTED by the Authority aforesaid that the said Commissioners shaU be and they are hereby Authorized and impowered to Cause to be erected a Brick Chimney to the said House and a Shed on the Causeway oppo site to the same in the parish of Saint PhUUp and to underpin and make such further and other repairs and alterations to the said House as to them shaU appear absolutely necessary whidh expence shall be certifyed by the said Commissioners 62 Colonial Records Lease Perry Over Great Ogechee. Commissioners and be provided for in the Gen eral Tax — AND BE IT ENACTED that the person or persons purchasing the said Ferry and prem isses his, her, or their Executors or Adminis trators shall pro-vide and keep at the said Ferry for and during the term of Five Years as afore said a Good and Sufficient Ferry Boat not less than Nine feet wide and Twenty Feet Long and a good Canoe with Two or more white Serv ants or Two or More Slaves for the purpose of transporting all Passengers their Carriages Servants, horses and Cattle that such person or persons so purchasing his, her, or their Execu tors or Administrators shall and may Lawfully demand, take and receive of and from all and every person or persons passing and repassing at the said Ferry the Several and respective rates and prices herein after mentioned that is to say: For a foot Passenger Two Pence For a Single Horse Three Pence For a Man and Horse Six Pence For Neat Cattle Three Pence If Swam, One Penny half Penny P^ head. For Calves, Hoggs and Sheep One Penny P.' head. If Swam, One half penny P'. head. For every wheel Carriage Three Pence P' Wheel ALL which rates and Prices shall be paid and received from all persons and at all times Statutes, Colonial and Revolutionary, 1768-1773. 63 Lease Ferry Over Great Ogechee. times except in times of Actual Service upon Alarms Insurrections or Invasions when the Ferriage shall be free and also except his Ma jesties Troops upon duty and Ministers of the Gospel and in case of failure of payment of the above rates and sums (except as before ex cepted) the same shall be recovered under the hand and Seal of any one Justice of the Peace according to the method prescribed in and by an Act of the General Assembly of this Province Intituled an "Act for the more easy and speedy recovery of Small debts and damages. AND BE IT FURTHER ENACTED that the person or persons so purchasing the Ferry and premises as aforesaid his, her, or their Ex ecutors or Administrators shall keep in good and sufficient repair the several Buildings, Im provements and Fences in and upon the said One hundred Acres of Land reserved for the Ferry as aforesaid during the said Term and that it shall not be Lawfull for him, her, or them to Clear or Cause to be Cleared during the said term of Five Years more than Fifty Acres of the said Land including the quantity already Cleared and that he, she, or they, shall and will also Keep in Good and sufficient Order and repair the several Boats to be employed at the said Ferry by virtue of this Act and also the Landings on each side the river Ogechee imder the penalty of Five Shillings for every day S'uch Boats or any of them or the said Land ings 64 Colonial Records Lease Perry Over Great Ogechee. ings or either of them shaU be out of repair to be recovered upon full and sufficient proof made of such default before the Commissioners here in after named or any Three of them by warrant of distress and Sale under their hands and Seals which penalty shaU be to his Majesty and to be apphed towards the repairs of the several Buildings belonging to the said Ferry. — AND BE IT FURTHER ENACTED that the person or persons so purchasing the Ferry and premises as aforesaid his, her, or their Ex ecutors or Administrators and any and every person appointed by them and having the Care and Management of the said Ferry shall as well by Night as by day give constant and due at tendance and if any person or persons shaU be detained or delayed at the said Ferry thro the neglect or wilful default of the person or per sons so purchasing or appointed to and ha-ving the Care and Management thereof the person or persons so purchasing as aforesaid his, her, or their Executors or Administrators shaU forfeit and pay to such person or persons the sum of Ten Shillings for every Hour he, she, or they shall be so delayed and in proportion for any less time to be recovered by warrant under the hand and Seal of any one Justice of the Peace upon fuU proof of such neglect being made be fore him and the proceeding therein to be as di rected in and by the before recited Act. AND BE IT FURTHER ENACTED that no deputy Statutes, Colonial and Revolutionary, 1768-1773, 65 Lease Perry Over Great Ogechee. deputy or Agent of the post Master General travelling with lany Mail or Letters nor any per son sent as Express in the service of this Prov ince shall pay any thing for passing or repass ing the said Feriy but the person or persons at tending the said Ferry shall forthwith and within One half hour after such deputy or Agent or person sent Express (Satisfying the Ferry Man that they are so) shall require the same (Bad weather and other unavoidable Accidents excepted) Convey such deputy or Agent or person sent express over the said Ferry on pain of Forfeiting Five pounds Sterling and in case such deputy or agent or person sent express as aforesaid shall be detained at the said Ferry the space of Twelve hours then and in such case the person or persons so purchasing the said Ferry and premises their Executors and Admin istrators shall over and above the said sum of Five Pounds forfeit and pay the sum of Ten Shillings for every hour after the said space of Twelve hours they shall be so delayed the said penalties and forfeitures to be recovered in any Court of Record in this Province One Moiety thereof to be to his Majesty his Heirs and Suc cessors to-wards the support of the Government of this Province and the, other Moiety to such deputy or Agent or person sent Express who shall Sue and prosecute for the same together with Costs of Suit. AND BE IT FURTHER ENACTED that the 66 Colonial Records Lease Ferry Over Great Ogechee. the Honourable James Habersham James Mac kay and James Read Esquires John MiUedge Jonathan Cochran Esquires William MaxweU and James Butter (son of Joseph Butler Es quire) be and they are hereby appointed Com missioners for Putting this Act in Execution and they or any TWo of them are hereby Au thorized and impowered from time to time to inspect the state of the said Ferry and the Buildings and improvements thereunto belong ing and the Boats and persons by this Act di rected to be employed therein and of the Land ings on each side of the river Ogechee used for the said Ferry and in case of any neglect or default therein contrary to the intent and mean ing of this Act to give notice thereof to the per son or persons purchasing the said Ferry and premises, his, her, or their Executors or Ad ministrators and in case such neglect or de fault be not remedied forthwith to proceed Ao- cording to the directions of this Act and fur ther to settle and Account -with the person or persons now holding or who has or have held the said Ferry jince tbe Ninth day of June last past being the time the lease of the same to John Deveaux deceased his Executors and Ad ministrators expired for and touching any agreement entered into -with him or them con cerning the said Ferry by the Commissioners in the Act for Leasing the same named or any other person whatever. AND BE IT FURTHER ENACTED that if any Statutes, Colonial and Revolutionary, 1768-1773, 67 Lease Ferry Over Great Ogechee. any of the said Commissioners shall dye depart the province or refuse to Act it shall and may be Lawfull for the Governor and Council to ap point one or more Commissioner or Commis sioners in the room of him or them So dying de parting the Province or refusing to Act as aforesaid who shall have the same power and Authority as the Commissioners appointed in and by this Act. By Order of the Commons House of Assembly ALEX WYLLY Speaker By Order of the upper House of Assem bly N JONES Council Chamber 11"- April 1768 Assented to JA: WRIGHT. State 68 Colonial Records Certain Laws Continued. (State Archives.) AN ACT For Continuing the several Laws therein Men tioned. WHEREAS several wholesome Laws of this Pro-vince are near Expiring and it is expedient that they should be further Continued, We Pray your most sacred Majesty that it may be En acted AND BE IT ENACTED by his Excel lency James Wright Esquire Captain General and Governor in Chief of his Majesties Prov ince of Georgia by and -with the Ad-vice and con sent of the Honourable CouncU and Commons House of Assembly of the said Pro-vince in G-en eral Assembly met and by Authority of the same. That an Act passed the 6 :"" day of March 1766 Intituled an Act for amending an Act for regulating the pilotage of Vessels into the sev eral Ports of this Province which was to Con tinue and be in force for Two Years and from thence to the ^nd of the next Session of the General Assembly, And also an Act for raising a fund by an Impost on Shipping to defray the Expences of Keeping in repair or RebuUdingi the Light Bouse and Pilot House on Tybee Island passed the 25.* March 1765, which was to Continue and be in force for Three Years and from thence to the end of the Next Session of the General Assembly. And also An Act passed the 25.'" March 1765 Intituled an Act to amend an Statutes, Colonial and Revolutionary, 1768-1773. 69 Certain Laws Continned. an Aot to prevent private persons from purchas ing Lands from the Indians and for preventing persons from Trading -with them -without License to continue and be in force for Three Years and from thence to the end of the next Session of the General Assembly. AND also an Act passed the 25*" March 1765 Intituled an Act to prevent Frauds and abuses in Admeasuring and laying out of his Majesties Lands -within this Pro-vince which was to Continue and be in force for Three Years and from thence to the end of the next Session of the General Assembly. Shall, Sever ally and respectively continue and be further in force for and during the term of One Year from the passing of this Act and from thence to the end of the next Session of the General Assembly and no Longer. By Order of the Oommons House of Assembly. ALEX WYLLY Speaker By Order of th© upper House of Assembly — N JONES Council Chamber 11-** April 1768 Assented to JA: WRIGHT. State 70 Colonial Records Inspectors of Tanned Leather. (State Archives.) AN ORDINANCE For Appointing Inspectors of Tanned Leather for the ports of Savannah and Sunbury in this Province. WHEREAS it is necessary to appoint proper persons to Inspect Tanned Leather that shaU be exported from this Province Agreeable to an Act Intituled an Act for Granting to his Ma jesty a duty upon raw neat hides and for pre venting the Exportation of unmerchantable Tanned Leather We therefore pray your Most sacred Majesty that it may be Ordained, AND BE IT ORDAINED by his ExceUency James Wright Esquire Captain General and Governor in Chief of his Majesties Province of Georgia by and with the Advice and Consent of the Honourable Council and Commons house of As sembly of the said Province in General Assem bly met and by the Authority of the same that Robert Bolton Mordecai Sheftall, and Hugh Sym, shall be and they are hereby appointed In spectors of Tanned Leather for the port of Sa vannah and that John Graves, and Peter Manly shall be and they are hereby appointed Inspec tors of Tanned Leather for the Port of Sun bury — AND WHEREAS many vessels come into the Harbour of Saint Simons in this Province which Statutes, Colonial and Revolutionary, 1768-1773. 71 Inspectors of Tanned Leather. which are entered and cleared at Sunbury BE IT FURTHER ORDAINED that James Bruce shaU be and he is hereby Appointed an Addi tional Inspector of Tanned Leather for the said port of Sunbury to do and perfonn the duty thereof at the Town of Frederica AND BE IT FURTHER ORDAINED that in case of refusal to Act, Death, or departure from the Pro-vince of any of the Inspectors aforesaid it shall and may be Lawfull, during the recess of the General Assembly, to and for the Governor or Commander in Chief for the time being by and -with the Advice and consent of the Honourable Council to Nomenate and ajy- point other Insp«}tors in the room of any so re fusing to Act dying or departing the Pro-vince — AND BE IT FURTHER ORDAINED that this Ordinance shall continue and be in force for and during the Term of Three years from' the passing thereof and from thence to the end of the next Session of the General Assembly and no longer. By Order of the Commons House of Assembly ALEX WYLLY Speaker By Order of the upper House of Assembly N JONES Council Chamber 11* AprU 1768 Assented to JA: WRIGHT. State 72 Colonial Records ConiptroUer and CoUectoi of Sunbury. (State Archives.) AN ORDINANCE For Appointing Robert Nichols Esquire Comp troller and Collector of the Country Duties at the port of Sunbury in the room of Francis Lee Esquire deceased. WHEREAS Francis Lee Esquire who by an Ordinance of the General Assembly was ap pointed Comptroller and CoUector of the Coun try duties at the port of Sunbury is Deceased and it is necessary to appoint a OomptroUer and CoUector of the same for that port in his room, BE IT THEREFORE ORDAINED and it is hereby Ordained by his Excellency James Wright Esquire Captain General and Governor in Chief of his Majesties pro-vince of Georgia by and with the Advice and consent of the Honourable CouncU and the Commons House of Assembly of the said pro-vdnce in General Assembly met and by Authority of the same That Robert Nichols Esquire be and he is here by declared and Ordained to be ComptroUer and Collector of the Country duties that may arise and become due and payable at the port .>f Sunbury aforesaid in the room of the said Francis Lee Esquire and continue and remain as such to all intents and purposes whatsoever untill removed by the General Assembly afore said. And Statutes, Colonial and Revolutionary, 1768-1773. 73 iComptroUer and Collector of Sunbury. AND BE IT FURTHER ORDAINED that in case of the refusal to Act, Death, or depart ure from the Province of the said Robert Nich ols it shall and may be LawfuU to and for the Governor or Commander in chief for the time being by and with the Advice and Consent of the Honourable Council to appoint another per son as ComptroUer and Collector of the Coun try duties in the said port of Sunbury in the place of the said Robert Nichols during the recess of the General Assembly and untiU the end of the next session thereof. By Order of the Oommons House of Assembly ALEX WYLLY Speaker By Order of the upper House of As sembly N JONES Council Chamber 11.* April 1768. Assented to JA: WRIGHT, 9Uto 74 Colonial Records Enlarging Cemetery at Savannah. (State Archives.) An act to empower thie church wardens and ves try of the parish of Christ Church to enlarge the cemetery or public burial ground at Sa vannah, and to enforce the same. Preamble. WHEREAS the cemetery or public burial ground for the parish of Christ Church, notwith standing the addition made thereunto by an act of the General Assembly, passed on the seventh day of April, in the year of our Lord one thou sand seven hundred and sixty-three, is appar ently too smaU to answer the purposes thereby intended, and it appearing necessary to make an addition thereto : Be it therefore enacted, T^at, immediately af- chHst^'^ "' "ter the passing of this act, it shall and may be larged. *°' lawful to and for the church wardens and vestry of the parish of Christ Church aforesaid for the time being, and they are hereby authorized and empowered to lay out an addition of one hun dred and seventy feet in length of and from the common of the town of Savannah, and adjoin ing to the eastward the present cemetery or pubhc burial ground; and that the addition so laid out, made and extended, shaU from thence forth for ever, be and remain as part and par cel of the said cemetery or public burial ground, and that the church wardens and vestry of the and en- said parish for the time being shall be, and they closed. o ; rf are hereby empowered to enclose the same ao- , . :• cordingly Statutes, Colonial and Revolutionary, 1768-1773, 75 Establishing and Regulating Patrols. cordingly at their discretion, any thing in any law heretofore enacted to the contrary not- -wi'thstanding. By order of the Lower House of Assembly, ALEXANDER WYLLY, Speaker. By order of the Upper House. N. JONES, President. JAMES WRIGHT. 11th April, 1768. (State Archives.) AN ACT To Amend and Continue an Act for the Estab lishing and Regulating Patrols and for Pre-^ venting any Person from Purchoising Provi sions or amy other Commodities from or Sel ling such, to any Slave unless su^h Slave shall produce a Ticket from his or her Owner, Manager or Employer, WHEREAS by the Seventh and Nintii "Clauses of the "Act for the Establishing and . "Regulating Patrols and for preventing pny "person from Purchasing Provisions or any, other 76 Colonial Records Establishing and Regulating Patrols. "other Commodities from or Selling such to "any Slave unless such Slave shaU produce a "Ticket from his or her Owner Manager or "Employer" do Refer to the Act of the General Assembly of this Province Intitled "An Act for "the better Governing Negroes and other Slaves "in this Province, and to prevent the Inveigh- "ling or Carrying away Slaves from their Mas- "ters or Employers" of which Act his Majesty hath declared his Royal Disallowance and the Several directions therein Contained and to which the said first Recited Act doth Refer, are thereby annulled and of Non Effect by which means many Inconveniences have arisen, to Remedy which we pray your most Sacred Ma jesty that it may be Enacted, AND BE IT EN ACTED by his Excellency James Wright Es quire Captain General and Governor in Chief of his Majestys Pro-vince of Georgia, by and -with the advice and Consent of the Honourable Coun cil and Oommons House of Assembly of the said Province in General Assembly met and by the authority of the same that Immediately from and after Passing of this Act it shall not be Lawfull for any Slave, unless in the Presence of some white person to Carry and make use of Fire Arms or any Offensive Weapon whatso ever, unless such Slave shall have a Ticket or License in Writing from his Master Mistress or Overseer to Hunt and KiU Game Cattle or Mis chievous Birds or Birds of Prey, and that such License be Renewed once every week unless there Statutes, Colonial and Revolutionary, 1768-1773. 77 Establiehing and Regulating Patrols. there be some white person of the Age of Six teen Years or Upwards in the Company of such Slave when he is Hunting or Shooting, or that such Slave be Actually Carrying his Masters Arms to or from his Masters Plantation by a Special Ticket for that purpose or unless such Slave be found in the day time Actually keeping off birds within the Plantation to wliich such Slave belongs Lodging the same Gun at Night -within the dwelling House of his Master Mis tress or white Overseer, PROVIDED always that no Slave shall have Liberty to Carry any Gun Cutlass Pistol or other Offensive Weapon abroad at any time between Saturday Evening after Sun Set and Monday Morning before Sun Rise Notwithstanding a License or Ticket for so doing,— AND BE IT FURTHER ENACT^ED that in Case any or either of the Patrols estabhshed or to be established within this Province by -virtue of the said Act on Searching and examining any Negroe house for Offensive Weapons Fire Arms and Ammunition shall find any such or in Case any person shall find any Slave using or Carry ing fire Arms or other Offensive Weapons Con trary to the intent and meaning of this Act such Patrol or person or persons may lawfuUy seize and take away such Offensive Weapon fire Arms and Ammxmition but before the property thereof shall be vested in the person or persons who shall seize the same such person or persons shaU 78 Colonial Records Establishing and Regulating Patrols. shall within three days next after suoh seizure go before a Justice of the peace and shall make Oath of the manner of taking thereof and if such Justice of the peace after such Oath made or upon due Examination shall be Satisfied that the said Fire Arms Offensive Weapon or Am munition shall have been Seized according to the directions and Agreeable to the true intent and meaning of this Act the said Justice shall by Certificate under his hand and Seal declare them forfeited and that the property is lawfully vested in the person or persons who Seized the same PROVIDED always that no such Certifi cate shall be granted by any Justice of the peace until the Owner or 0-wners of such Fire Arms or other Offensive Weapon so seized as aforesaid or the Overseer or Overseers who shall or may have the Charge of such Slave or Slaves from whom such Fire Arms or other Offensive Weapon so taken or seized shall be duly Sum moned to shew Cause why the same should not be Condemned as forfeited or in Case of Non Appearance untill three days after the Service of Summons and Oath made of the Service thereof before the said Justice, AND BE IT FURTHER ENACTED that the forfeiture declared in the tenth Clause of the said Act in Cases of persons dealing -with Slaves shall not extend or be Construed to extend to prevent any Slave or Slaves who live or are usu ally employed in Savannah or other Towns hav ing 'Statutes, Colonial and Revolutionary, 1768-1773, 79 Establishing and Regulating Patrols. ing License so to do from his her or their Owner Manager or Employer from buying or Selling of Fruit Fish and Garden Stuff and to' be employed as porters Carters or Fishermen or from pur chasing any thing for the use of their 0-wner Manager or Employer in any open Shop kept by a White person in open Market under such Regulations as are or shall be by Law appointed concerning the Market of Savannah, AND BE IT FURTHER ENACTED that if any Retailer of Strong Liquors, or any other person or persons shall give or Sell to any Slave any Beer or Spirituous Liquor whatsoever with out the License or Consent of the Owner or such other person who shall have the Care or Gov ernment of such Slave every person so offending shall forfeit the Sum of five Pounds Sterling money for the first Offence, and for the second Offence ten Pounds Sterling and shall be bound in a Recognizance in the Sum of twenty Pounds Sterling with one or more Sufficient Sureties be fore any of the Justices, of the peace not to Of fend in the like kind, and to be of good beha- -viour for one Year, and for want of such Suffi cient Sureties, to be Committed to Prison with out Bail or Mainprize for a term not exceeding three Months, AND WHEREAS it may be difficult to pro cure Sufficient Evidence for the Conviction of such Offenders as may transgress against this part 80 Colonlal Records EstabUshing and Regulating Patrols. part of the Law, BE IT FURTHER ENACTED that in Case any Slave or Slaves shall declare before any two or more Justices of the Peace, of the Probability of which declaration such Justices are hereby allowed to judge, that any person whatsoever shall so offend it shall be ta ken for granted that such persons is Guilty of such Offence, and such person shall be liable to the Several penalties above mentioned, unless suoh person shall upon Oath before such Justi ces declare he or she is not Guilty of such Of fence, which said Oath the said Justices are hereby empowered to tender, AND WHEREAS it has been found that the Number of persons exempted in and by the fourth Clause in the said Act from the Patrol duty. Renders the said duty very Burthensome upon the Inhabitants in the Town of Savannah who are by Law Obliged to perform the same, BE IT THEREFORE ENACTED that the said fourth Clause shall not extend or be Construed to extend to exempt the Several persons therein mentioned being above the age of Sixteen and Under the Age of Sixty and Residing in the To-wn of Savannah or Hamlets of Yamacraw, Ewensburgh and the Trustees Gardens; the Governor or Commander in Chief for the time being, and Ministers of the Gospel only ex cepted, from being Subject to such Patrol duty in the said Town of Savannah and Hamlets aforesaid in the same manner and liable to the same Statutes, Colonial and Revolutionary, 1768-1773, 81 EstabUshing and Regulating Patrols. same penalties and forfeitures as in and by the said Recited Act is Particularly Mentioned and declared, AND in Order to prevent Nightly disorders and Riots in the To-wn of Savannah BE IT FURTHER ENACTED that every Patrol ap pointed and to be appointed to d^ duty in the said Town by virtue of the said Act shall be and they are hereby Impowered in Case of any Riot or disturbance being made by any disor derly white person or persons either in the Streets Squares or Lanes of the said Town or in any Tippling House Tavern or Punch House within the same or within the district of th© said PatroU (CaUing Nevertheless a Lawful Consta ble to their Assistance before they shall en ter such Tippling House Tavern or punch House, to apprehend and take into Chstody such white person or persons and him or them Safely to keep imtU the next Morning, except such per son or persons shall be apprehended and taken in any such Tippling House Tavern or Punch House in which Case the Constable so called to the Assistance of such Patrol shall Continue in the Charge of such Offender or Offenders, when such Patrol or Patrols shall deUver such Offender or Offenders to the Custody or Charge of Some one lof the Constables appointed for the said Town, who are hereby directed to take Charge of such Offender or Of fenders and Convey him or them at or be fore 82 Colonial Records Establishing and Regulating Patrols. fore the hour of Nine in the forenoon of the same day to some one of the Justices of the said Town who upon proof of such Offence shall and he is hereby Impowered to Inflict a fine not ex ceeding ten Shillings upon such Offender or Offenders, to be Recovered by warrant under the Hand and Seal of such Justice and applied one half to the Patrol who shaU apprehend and the other half to the Constable having Charge of such Offender or Offenders, AND BE IT FURTHER ENACTED that the said before Recited Act, and this Act shall Con tinue and be in force for and during the term of One Year and from thence to the End of the next Session of the General Assembly and no longer, any thing in the said Recited Act to the Contrary thereof Notwithstanding ; By Order of the Commons House of Assem bly N W JONES Speaker By Order of the upper House JAMES HABERSHAM President Council Chamber 24* December 1768 Assented to JA: WRIGHT. State Statutes, Colonial and Revolutionary, 1768-1773. 83 New Light House on Tybee. (State Archives.) AN ACT. To invpower the Commissioners appointed in and by An Act of the General Assembly Inti tled "An Act for Laying a Duty upon "Ne- " groes and other Slaves that have been above "Six Months in any of the Islands or Colonies "in America & imported for Sale in this Prov- "ince & for appropriating the same towards "the Repairing or Rebuilding the Light "House on Tybee Island S to Prevent Negroe "Convicts being imported into & Sold in this "Province" To Build a New Light House on any part of the Land Reserved for the use thereof upon the said Island & cdso for Pro curing aw Accurate Survey & Chart of the Sea Coasts & Inlets of this Province and publish ing the same and for Granting to his Majesty the sum of two thousand two hundred 'pounds for the said purposes & for appointing and impowering Commissioners to Issue Certifi cates for that sum & for Sinking the same and for further Continuing the Acts herein after- mentioned. — WHEREAS the Ruinous Condition of the Present Light House upn Tybee Island, occa sions frequent and expensive Repairs, And it being Judged expedient to build the same on a more Advantageous Spot and where the founda tion -will be Secure from the Violence of the Sea We 84 Colonial Records New Light House on Tybee. We therefore pray your most Sacred Majesty that It may be Enacted: AND BE IT ENAC TED by his Excellency James Wright Esquire Captain General Governor and Commander in Chief of the said Province by and with the Ad vice and Consent of the Honourable Council & Commons House of Assembly in General As sembly met and by the Authority of the same that immediately from and after the passing of this Act the Several Commissioners named in and by an Act of the General Assembly of this Pro-vince Intitled "An Act for Laying a Duty "upon Negroes and other Slaves that have "been above Six Months in any of the Islands ' ' or Colonies in America and imported for Sale "tn this Pro-\n.nce and for Appropriating the ' ' same towards the Repairing or Rebuilding the "Light House on Tybee Island and to prevent "Negroe Convicts being imported into and Sold "in this Pro-vince" shall be and they are hereby Authorized and impowered to Contract for Building a New Light House upon any part of the Land Reserved upon the Island of Tybee for the use of the same which they or the Majority of them shall Judge the most Convenient for that purpose according to the powers Vested in them in and by the said Act. — AND Forasmuch as the monies now in the Hands of the Treasurer arising from the Im posts on Shipping and Duty on Seasoned Slaves are at this time insufficient to defray the Ex pences Statutes, Colonial and Revolutionary, 1768-1773. 85 New Light House on Tybee. pences of Building the said Light House. AND WHEREAS it may be Necessary to Secure the Sea Marks for coming in over the Bar of Tybee, And as an Accurate Survey and Chart of the Sea Coasts and Inlets with «eds of Bale, Ac. of land or ne groes to be recorded in the secre tary's office *See act of 1785 directing the recording of deeds, &c. sec. 2. and Statutes, Colonial and Revolutionary, 1768-1773. 97 Fraudulent Mortgages and Conveyances. and executed in Great-Britain or Ireland, which shall be recorded within twelve months ; and all deeds of sale, mortgages, conveyances, made and executed -within this pro-vince, from and after the first day of January next ensuing, being re corded as aforesaid, within ten days after the execution thereof, shall be deemed, held and ta ken as the first deed of sale, mortgage, or con veyance, and shall be allowed, adjudged and held valid in all courts of judicature -within this province, any former or other sale, mortgage or conveyance, being of the same lands, tenements, negroes, and other goods, 'and chattels, and not recorded as aforesaid, notwithstanding. 2. Provided always^ and be it further en acted, T'hat nevertheless if it shall so happen proceeding where there there be more than one mortffaare at the same are more ^ ^ mortgages time, made by any person or persons', to any *'^*" °"®- person or persons, of the same lands and tene ments, negroes, goods or chattels, the several late or under mortgagees, who shall have re corded their mortgages, his, her, their heirs', ex ecutors, administrators, or assigns, shall have power to redeem any former mortgage or mort gages, recorded as aforesaid upon payment of the principal debt, interest and cost of suit, to the prior 'mortgagee or mortgagees, his', her or their heirs, executors, administrators or assigns, any thing contained to the contrary thereof in any wise notwithstanding; and all and every person and persons who shall mortgage the same lands. 98 Colonial Records Fraudulent Mortgages and Conveyances. lands, tenements, negroes, goods or chattels a second time, the former mortgage thereof be ing in force and not discharged, and shall not discover to the second mortgagee in writing un der his or their 'hands, shall have no relief, power, or liberty of redemption whatsoever, in equity or otherwise, of and in said after mort gage or mortgages. 3. Pro-vided, also, and be it further en- d^we^ not ACTED, That uotMng in this act contained shall mortgaged bs oonstrued, deemed or extended to bar any less ^'legally widow of any mortgager of lands or tenements, from her dower and right in and to the said lands or tenements, who did not legally join with her husband in such mortgage, or other- -wise lawfully bar or exclude herself from such her dower or right. 4. And to the end that no person may here- Scts^tn ^^' after suffer any inconvenience in recording edfed^' '^^™" their title deeds, by exposing the defects thereof. Be it further enacted and declared, That no need of feoffment, bargain and sale, deed of gift, or other conveyance, of any lands or tene ments whatsoever, heretofore made, shall be im peached or set 'aside in any courts of law or equity for want of attornment, or livery and seisin, or enrolment, or for that such convey ance hath been made by way of assignment or endorsement on any other deed or conveyance without other ceremony, nor for any other de fect Proviso. Statutes, Colonial and Revolutionary, 1768-1773, 99 Fraudulent Mortgages and Conveyances. feet in the former or in the maimer of the exe cution of any such deeds or conveyances, or of the endorsements or assignments thereof, either in the first deed, or in any of the mesne convey ances derived therefrom: Provided neverthe less. That in case of the validity of such feoff ment, bargain and sale, deed of gift, or other conveyance of lands of tenements, shall be ques tioned, the legal and usual proofs shall be made that the rights were and would have been in the person or persons conveying, if such defects had not happened in the form of such deeds or con veyances, or in the manner of the execution of the same as aforesaid. 5. And be it further enacted, That this act continua- ' tlOH. shall continue and be in force for and during the term of three years from and after the passing thereof, and from thence to the end of the next session of the General Assembly, and no longer.* N. W. JONES, Speaker. JAMES HABERSHAM, President. JAMES WRIGHT. December 24, 1768. * Continued by act of 1784. State 100 Colonial Records Tax Act. Title Preamble Enacted ( State Archives. ) AN ACT For Granting to his Majesty the Sum of three thousand and forty Six Pounds Sixteen Shil lings and Eight pence One Farthing for the Use and Support of the Government of Geor gia for the year One Thousand Seven Hundred and *Seventy Nine, to be raised at certain rates mid after The Method therein mentioned and for the more Effectual Collecting of Arrears. We his Majesty's most DutifuU and Loyal Subjects the Commons House of Assembly of Georgia taking into our Consideration the Ex pences necessary towards the Support of this Government for the Present Year & ha-ving re solved to Supply the Same do by this Act, Chearfully and Voluntarily give and Grant unto his Majesty the Sum of three thousand and forty Six Pounds Sixteen ShiUings and Eight pence One Farthing to be raised Le-vied & paid in the Maimer and for the Purpposes herein after in this Act Mentioned and we do therefore Humbly Pray Your most Sacred Majesty that it may be Enacted And be it Enacted by his Excellency James Wright Esquire Captain General and Govener in Chief of this his Majesty's Prov ince of Georgia by & with the Advice & Consent of the Honourable Council and Commons House of Assembly of the said province in Gen eral Assembly Met and by the Authority of the ¦Error in original Act. same 'Statutes, Colonial and Revolutionary, 1768-1773. 101 Tax Act. same that the Sum of Three thousand &. forty Six pounds Sixteen Shillings and Eight pence is-^s 1/4 One Farthing shall be raised Levied and paid |°'" *f „, within the Space of One Year from the twenty ^oVl^^"""^ ninth day of September One thousand Seven 29th. septr. Hundred & Sixty Eight and is hereby Granted to his Majesty for the Use and Support of this Government in the manner as is herein after That the mentioned & Directed And be it further Enacted gf^'^^aile™ That towards raising the said Sum of Three "^ ^ ^^^ °^ thousand and forty Six pounds Sixteen Shillings & Eight pence One farthing the Several rates foo°Acref and Sums foUo-wing Shall be rated and Assessed °* ^°'°'^' as herein after Mentioned that is to Say the Sum of two Shillings on every hundred Acres g/ on every of Land in this Province holden and possessed on aii Lots in the by Grant or Warrant by any Person or Persons ^owns Whatsoever the Sum of Six Shillings on every hundred pounds Value on all Lots in the To-wn of Savannah Ebenezer Augusta Frederica and ^^ ^^ ^^^^.^ Sunbury Wharf Lots and Lots Laid Out on pVoviments Lands dommonly called Yammacraw the Trus tees Gardens and Ewensburgh the Sum of four |(a^°°g. Shillings on every hundred pounds Value of Building & Improvements on the said Lots, the ^^ ^^ ^^ Sum of two Shillings' on every Negroe or other ^^^tf a^®' Slave Whatsoever being -within the Limits of this Pro-vince, The Sum of Fifteen Shillings on every Free Negroe Mulatto or Mustee above the fioo"vlTue^ Age of Sixteen Years. The Sum of Six ShUlings dfze!"''"'"'"" on every hundred pounds Value of all Goods Wares & Merchandize Imported in this Prov ince 102 Colonial Records Tax Act. ABd 10/ on every £100 lyeing at interest by choice. That all persons in terestedbefore the First Tues day In May do render an account upon Oath to the Col lectors &c. they giving 30 days notice by publick ad vertisement. And at the same time pay their Tax. ince with Intent to Sell again by any Merchant Factor Store Keeper or Other person Whatso ever to be rated at the price thereof as imported (Goods wares and Merchandize Imported by Transient persons Only excepted) The Sum of Ten Shillings on every Hundred pounds Let or Lying at Interest by Choice, And be it further Enacted That all and every person and persons W'hat soever ha-ving any Estate or Interest in Lands Tenements Goods or Chattels within this Province shall on or Before the first Tuesday in March after the passing of This Act render a particular account in Writing upon Oath, or Affirmation if a Quaker (to the best of his her or their Knowledge) unto the Collectors of the Several Parishes where 'he she or they shall re spectively reside of all Lands Lots Houses Slaves Monies at Interest Goods and Effects Whatsoever whereof he She or they is or are Seized or Possessed or Interested in liable by this Act to the rates and Taxes aforesaid and Where Situate and being Of aU Deer Skins & beaver Skins by him her or them Exported or Sent out of this Pro-vince Except in Ships bound to Great Brittain at such time and Place as the Collectors herein after Named shall re spectively direct and Appoint who are hereby Required to give at Least thirty Days Notice thereof by Publick Advertisement, Specifying the Several rates aforesaid & all and every the said person and persons so giving an Account as aforesaid shall at the same time pay to the said Collectors Statutes, Colonial and Revolutionary, 1768-1773. 103 Tax Act. Collectors The Several sums and Taxes due from him her or them there upon as by this Act rated and Assessed. And be it further Enacted that the said The coi- Colectors respectively shall and they are hereby adnunister . . an Oath to required to Administer the Oath f oUo-wing to a" persons ^ *=¦ on receiving all and every Person & Persons at the time of cSunt.*°' receiving his her or their Account first entering such Accounts in the List or Schedule agreeable to the form to this Act Annexed whereto the persons so paying their Tax shall respectively subscribe there Names in the Column of the said Schedule for this Purpose assigned I A B. ^he oath. Do Solemnly Swear or Affirm as the case may be in the presence of Almighty God that the ac count now by me giving and Delivered to tht Colectors of the Publick Tax doth contain a just true and particular account of all The Lands Town Lots houses and Slaves whereof I am in any wise Seized possessed intitled unto or in terested in either in my own Right or as Attor ney Guardian Executor or Administrator or trustee to any other person or persons Whatso ever & of the Amount of the Prime Costs of all Goods wares and Merchandize by me Imported with Intent to Sell again or Consigned to me for Sale on Commission & of all Deer Skins & Bea ver Skins by me Exported or Sent out of this pro-vince Except in Ships Bound to Great Brit tain from the first day of April One thousand Seven Hhndred & Sixty Eig'ht Exclusive to the first 104 Colonial Records Tax Act. first day of March One thousand Seven Hundred and Sixty Nine Inclusive (the produce of this province and Goods Exported as a Remittance only Excepted) and also of all Monies let or Lying at Interest by Choice in this Province ei ther in my own Right or in the Right of any other person or persons Whatsoever, So help me God. And be it further Enacted that for the more That every Effectual reoovcry of the Arrears of the Last persons and Evcry Preceeding Years Tax all & every liable to pay .> o j Jro'du^c"? a*"" ^^^ ^^^^ person & persons hereby liable to the thfiist**"^ payment of the Tax by this Act imposed shall at make Oath the time of giving in his her or their Account as that they . . ^ave^^paw herein before required produce to the Colector tormeP''^ 0^ Colcctors a Receipt for the last Years Tax or Otherwise Declare upon Oath or Affirmation (as the Case Shall be) which the Colectors hereby appointed are Severally and respectively Au thorized and required to Administer that he she or they Hath or have paid the Publick Tax for l?re^ar^\hSy ^^^^ L^st and evcry preceeding Year Agreeable an account to the ratcs thereof and in Case such person or upon Oath and pay the persons shall bc m Arrears for the Last or an-v SSIZZ16 &C~ *' cordingly. preccediug Years Tax he she or they shall then give an account thereof upon Oath & pay the same to the Collectors accordingly in failure whereof the same shall & may be Rated Assessed & Le-vied as herein after provided. year. And if And be it further Enacted that in Case any person or persons who shall give an account of their Statutes, Colonial and Revolutionary, 1768-1773. 105 Tax Act. their Lands Slaves and Effects as herein before That per- required and shall not at the same time pay the In" account of their Tax Tax thereupon due from him her or them as fnd not pay- '^ ing at the herein before directed or Within Sixty days af- or'wlthin^o ter such account by him her or them so given collectors TtlQ/V Lew. that then it shall and May be Lawfull to & for the Several Collectors & they are hereby re spectively required to Cause the same to be Levied in Manner as herein Aftermentioned. And be it further Enacted that if any per- son or persons Whatsoever shall neglect or Re- shaii refuse . .to give an fuse to give an account of their respective Lands f^^P^^Lanls Lots houses Slaves monies let or lying at Inter- ^°**® ^°- est by Choice Goods & Effects as aforesaid at the time and in the manner as by this Act is ^he oou 'f lectors are herein before Directed the Collectors respec- withiT'io tively & either of them shall and they are hereby the nrst Tuesday in Severally authorized & required within Ten March to days after the said first Tuesday in March to Tax^""^*"'® rate and Assess every such Defaulter & Default ers Double the Tax which he She or they shall have paid for the Last Year or to the best of his And their Khowledge for Double the Estate which he She or they shall Possess and in either Case shall cause the same to be Le-vied as herein lattoe^s to "' pay Tax after is directed And to prevent Free Mulattoes unless they ^ can prove from evading the payment of the Tax by pre- trary^°"' tending to be Spaniards or Other Foreigners. Be it further Enacted that every such per son who Shall be reputed a Mulatto shall be as sessed as such Unless he can prove the Contrary. And 106 Colonial Records Tax Act. That the Tax be levied on the Goods and Chat tels of de faulters by Warrant of distress from the Collectors. The charge to be levied by default ers. Constables refusing to do their Duty to for feit £5. — to be re covered by Warrant of distress. And in case of no goods the Oftender to be com mitted to Goal. And be it further Enacted that the Several Rates and Taxes hereby rated and imposed Shall be Levied on the Goods and Chattels of the Defaulter and Defaulters by warrant Un der the hand & Seal of the Collector or Collec tors of the Parish wherein such Defaidter or Defaulters shall reside to be Directed to any Constable or Constables thereof requiring hiim her or them to Levy the Same by Distress and Sale of the Defaulter or Defaulters Goods & Chattels returning to him or them the Overplus if any after deducting the Charges Following -viz': for Ser-ving every warrant of Execution One Shilling One 'Shilling in the pound of every pound Le-vied & two pence for every Mile to be Computed from the Dwelling house of the Con stable. Le-viing the same to the place of Resi dence of every Such Defaulter or Defaulters & the Collectors respectively shall and may take One Shilling & Six pence for every Such war rant & every Constable refusing or neglecting to Execute such Warrant shall for every Offence forfeit and pay the Sum of Five pounds to be recovered by warrant of Distress of any Justice of the peace where the Offence shall be Commit ted on due proof thereof Made before him by any Collector or Collectors & in Case no Goods or Chattels of such Offender may be found whereon the said Distress may be Le-vied then it Shall and may be la-wfuU for suoh Justice of the peace to Commit such Offender to the Com mon Goal in Savannah there to remain for the Space Statutes, Colonial and Revolutionary, 1768-1773. 107 Tax Act. Space of Three Months or until the said sum of five pounds shall be Satisfied, And be it furthei Enacted that the Several persons herein after named shall be and they are hereby appointed Collectors for the Several Parishes herein after mentioned respectively that is to Say for the collectors Town Of Savannah and Parish of Christ Church ^°h i^""" William Belcher Esquire Robert Bolton and church par- . ish named. Richard Wylly, For the Town of Ebenezer & For Bbene- *' •" zer & St. Parish of Saint Matthew Francis Arthur Es- Matthew. quire Jacob Cronbergher and Jacob Walthow por Halifax For Halifax & Parish of Saint George John George. Thomas Junior Andrew McCorrie and John Mann Esquires For the Town of Augusta and For Augusta Parish of Saint Paul John Walton Esquire Wil- Uam Goodgion & Robert Germany For the Par ish of Saint Philip William Le Conte & John pwiip^!' Da-vis Esquires For the Town of Sunbury & the Pari'sh of S'aint John Edward Jones Samuel For sunbury & St. John. Jones & Thomas Young For Darien & Parish of ^"^gt^^^^!"" Saint Andrew Thomas Quarterman Hugh Clark '^'¦^'"¦ & James M^ Cleland For the To-wn of Frederica For Frede- & Parish of St. James John Poison & John Mar- j'^^a^fe st. tin son of Clement Martin Esquires For the Par- For St ish of Saint David Saint Patrick Saint Thomas oa.yi'J, st. Patrick St. & Saint Marys John Grayson John Simpson Ju- st°Mary* nior William Clark Jacob Helvenstine & James Coohran which said Collectors respectively shall lectors be fore enter- before their Entering upon their Office take the omc"''?? Oath FoUo-wing before any Justice of the Peace okui.^" for the Parish where they shall reside that is to Say I. A B. do Solemnly Swear that I will well & ^'^•' '"¦^''¦ faithfuUy 108 Colonial Records Tax Act. to be certi fied by a Justice of the peace and pro duced to the Treasurer. That Attor nies Trus tees &c do make due return of the effects they possess as such & who are made liable to pay the Tax out of their own Estates. faithfully according to the Best of my Knowl edge & Ability and So that the Publick Tax shall Susstain no Loss or Dam'age from any WiUfull Neglect or Omission of Mine Observe Execute and Perform, the several Matters and thing, re quired of me to be done and Performed in and by an Act of the General Assembly of this Prov ince Intitled an Act for Granting to his Majesty the Sum of three thousand & Forty Six pounds Sixteen Shillings & Eight pence One Farthing for the and Support of the Government of Geor gia for the Year one thousand Seven Hundred & Sixty Nine to be raised at certain Rates and after the Method therein Mentioned and for the more Effectual Collecting of Arrears According to the true Intent & meaning thereof So help me God which Oath the said Justice is 'hereby au thorized and required to Administer accordingly and to give a certificate thereof under his hand and Seal which Shall be produced by the Col lectors respectively at the time of their Deliv ering their Accounts to the Treasurer as herein after required And Whereas there are Sundry Tracts of Land Lots houses and monies the Proprietors whereof are not resident in this Pro-vince Be it therefore further Enacted that all Attornies Trustees Executors and Adminis trators and other persons any -wise Concerned for Absentees shall make due return to the Col lectors of the Parishes respectively where they Shall reside of the Estate and Effects they Shall So Possess or be Interested in as Attorneys Guardians Statutes, Colonial and Revolutionary, 1768-1773. 109 Tax Act. Guardians Trustees Executors or Administra tors or otherwise & Shall and they are hereby made liable to the payments of the Rates & Taxes Assessed thereon out of their o-wn Es tates and Effects in manner as herein before mentioned unless such Attorney or Attorneys unless they make Oath Guardian or Guardians Trustee or Trustees that they have re- shall make Oath before the Collectors or one of "he^i?*^ Attor- them that he has renounced his power & Attor- °^^^ neys'hip before The Tax became due & without any Intent to evade the Payment thereof and every Such Attorney & Attorneys Guardian & ^^^^ Guardians Trustees Executors & Administra- ^"""dJduct tors ShaU and may deduct The Tax he or they l^t '^'^Le shall so pay out of the Effects of the Absentee Estates, ib ^ *' case of no in his her or their Hands & in Case of no suoh f^^^lhaif Effects every Such payment shall and is hereby chl°rge upon the A.t>- made Alien and Charge upon the Lands and sentees ° ^ . Lands &c. Chattels of e-v^ery Such Absentee his heirs and Assigns and Shall and may Accordingly be re covered at any time afterwards by the person or persons paying the same his her or their Execu tors or Administrators in any of his Majesty's Courts of this Pro-vince. And Whereas the payment of the Publick Taxes hath been evaded by persons Settled on to prevent persons or near the Banks of Savannah River that hold J^°a/ on^®^® or Possess Lands on the Opposite side thereof of\h^^?iver in the Pro-vince of South Carolina by remo-ving in both ' provinces their Slaves from this Province at the time of ^\^^*"^ ^^^ Collecting the Tax for remedy whereof Be it further 110 Colonial Records Tax Act. Enacted. That per sons hold ing Lands Ib both Provinces. do produce the Col lector of South Caro lina's Re ceipts for the number of Slaves they pay Tax there Or make Oath to what they have paid. The Oath. persons r fusing lyable to pay Tax for their wholeSlaves. further Enacted That all and every Such person or persons so 'holding Lands in both Provinces at the time of giving an Account of his & their Lands & Estate to the Collectors as herein be fore required shall produce to such Collector or Collectors a Receipt or Certificate from the Collector or Collectors of Tax in South Carolina of the number of Slaves for which Tax shall have been paid by him her or them, for the Pres ent Year or Otherwise shall make Oath before the Collector or Collectors aforesaid to the Ef fect following which they are hereby authorized' & required to administer viz' : that he s'he or they hath paid or are liable to pay the Publick Tax in the Province of South Carolina for the Pres ent Year for all his her or their Slaves other than such as are Contained in the Account now Deliver'd in to the Collector or Collectors as aforesaid pursuant to the Directions of this Act & all and every person and persons who shall re fuse to produce such receipt or Certificate or to make Oath as aforesaid shall be liable to pay Tax for the whole number of his her or their Slaves and the said Collectors shall in Default of payment Accordingly Issue warrants of Ex ecution for the same as herein before Directed. Collectorsshall before the last Tuesday in May or within 10 days after close their accountsand deliver them to the Treas- And be it further Enacted that the Said Collectors respectively shall on or before the Last 'tuesday in May next after the Passing of this Act or -within ten days after Close their Ac counts and Deliver the same in person to gether -with Statutes, Colonial and Revolutionary, 1768-1773. Ill Tax Act. ¦with the Tax Ust aforesaid and also an account "hrBaiiLce of the Lands held by Absentees or persons not d"ct'in|*' resident in the parish Unto the Treasurer of ihi'S sions. Province and at the same time shall pay him all such monies as by them or either shall have been respectively received in pursuance of this Act after deducting for Commissions at the rate of Six pence for every pound and no More and the said Collectors respectively shaU »ign the Tax List by them Delivered and at the same time upon Oath shall Deliver to the Treasurer an Ac count of their own Lands Slave & Estates in tn\%^Zlnt Like manner as by this Act is required of others their" own'^ to be given to them and Shall pay the Taxes for the same Accordingly in Default whereof the same shall and may be Assessed and le-vied by the Treasurer in manner as aforesaid. And be it further Enacted that all Deeds & ^ ^ Deeds of Conveyances whatsoever of any Lands Tone- mad^e^'to""® ments Goods or Chattels by any persons or per- fng t&x7 . , _ declared sons Whatsoever made With an Intent to avoid Fraudulent. being Assessed or paying Tax for the same as Aforesaid Shall & they are hereby Declared ta be fraudulent & void to all Intents and purposes whatsoever. And be it further Enacted that the Several collectors refusing t* Collectors or any or either of them who shall re- aSty'^^i- fuse to do and perform the Several Matters this* Act'' to T n 1 J- T . ¦, -, forfeit £50. hereby required ot them respectively to be done within the time Prescribed by this Act shall for every 112 Colonial Records Tax Act. every such neglect or Refusal forfeit the Sum of Fifty pounds to his Majesty for the support of this Government to be Sued for & recovered by the Treasurer in any Court of Record in this province And be it also Enacted that in Case any Kictors"for°'" Collector or Collectors of the present or any tll6 Dr6S6Ilt or former Former Taxes shall refuse or Neglect to give Taxes re- in^lccount''^ iu upou Oath to the Treasurer a Just and True within"the Account of all monies received by him or them or due to his Majesty on Account of the Tax herein imposed or on account of any former Tax -within their Several and respective Districts by the urer ShaU time herein before Limitted that then it shall by his war- su"h°t™'"*" and may be Lawful for the Treasurer and he is ?uf B Ji"Sr hereby enjoined by warrant under his hand and Seal to commit such Collector or Collectors to the Common Goal in Savannah there to remain have rend^ witliout Bail Or Maiuprize until he or they shall cient satis- have rendered upon Oath to the Treasurer a full faction. _ ^ & Satisfactory Account of, & shall have paid all such sums so as aforesaid by him or them Col lected due to his Majesty in his or their Several and respective Districts by Virtue of this or any former Tax Act and have paid the reasonable Proviso Charges for such Commitments Provided Nev- lectors ° ' ertheless that if the s'aid Collector or Collectors prove upon ttfe*y have provc upou Oath to the Treasurer that mefnlTo'" re- ^^^y ^^vc Uscd cvcry mcaus Directed by this Tax^from Act foT the recovcry of the Tax due by the said Defaulters& "o. Effects Defaulters & no Effects Could be found where- could be Then' the' upou to Lc-vy the same then and in that Case the not ^to "be Said CoUcctors respectively shall not be liable liable. Statutes, Colonial and Revolutionary, 1768-1773. 113 Tax Act. for or Chargeable with the payment of the Sums Qovlrnor So due from defaulters as aforesaid And be it lhaii"^gi"v°'^" S.T1 ordfiT* to further Enacted that the Governor & Council the Treas urer who shall give an Order to the Treasurer For the fhe'Lra^ys time being who Shall Issue the monies raised ^'^ and Granted as aforesaid in the Following man ner, Tbat is to Say. For Defraying the Expences of hold ing the Court of Oyer and Terminer a sum not Exceed ing one Hundred pounds £100"__"__ Viz' : To the Justices of the Bench for hold two Courts__£ 06"__"__ To the Clark of the Cro-wn a Sum not Exceeding four pounds 04 "__"__ To the Attorney General a Sum not Exceeding ten pounds 10"__"__ To the Provost Mar shall for summon ing Juries Pub lishing Proclaana- tions Executing Writs of Electioi^ & Attending the Courts To the Jus tices £L," 6" — " — Clerk of tha Crown 4" — •• — Attorney General £" 6" — ' ProvostMarshal for Proclama tions &c 30" — " — 114 Colonial Records Tax Act. Courts of Oyer and Terminer Thirty Pounds _ _ 30 "_ _ ' ' For main- To the Provost Mar- tenance of i, n j. , t prisoners SJiall t 0 r the 30" — " — Maintenance o f Prisoners a Sum not Exceeding thirty Pounds ___ 30"__" Court To the Crier & keep- 10" _" _ t^ er of the Court a Salary 10"__". Coroner ^ FoT the Coroner a Sum not Exceed ing ten pounds 10 "__"_. Expences of Eor defraying the bly ^^®"' Expences of hold ing the General Assembly a Sum not Exceeding two Hundred & thirty five pounds £235"__"__ To the Clark of the Upper Viz' : To the Clark House £30" — •¦ — to him for Incidental Business 40" — " — of the upper house a Salary 30"__"__ To him as Clark of the Council For Transmitt ing Minutes and other Incidental Business a Sum not Exceed ing forty pounds 40 "__"__ To Statutes, Colonial and Revolutionary, 1768-1773. 115 Tax Act. To the Clark of the Commons house a Salary Thirty pounds 30"—".- To him for inciden tal Business for transmitting Min utes a Sum not Exceeding Forty pounds 40" " To the Messenger & door Keeper of the upper house a Salary twenty five Pounds 25"__"__ To the Messenger and door keeper of the Commons house a Salary twenty five pounds 25 "_ _ "_ - To the Secretary for Copying and Sealing Acts and Other Incidental Business a Sum not Exceeding forty pounds 40"__"— Fire and Candle a Sum not Exceed ing five pounds 5" — "_- Clerk of the Commons ho. 30" — " — to him for incidental Business 40" _" _ Messenger of upper house 25" — ¦¦ — Messengerof Commons ho. 25" — " — The Secre tary 40" _" — For apprehending Fire and Candle 5" — " - For appre- hendgOffenders 20" — " - Offenders 116 Colonial Records Tax Act. Expresses 40" — " - The Com missary 20" — " ¦ GovernorEllis 5" — " - Offenders a Sum not Exceeding Twenty Pounds _ _ 20 "_. For Expresses sent in Service of Gov ernment a Sum not Exceeding Forty pounds 40"_. To the Pubhck Commiss ary a Salary twenty pounds 20"_. To Governor El- Us Annuity, Fifty pounds 50"_. 130"__". William Lyford £100"—" Brought over To William Lyford a Sum of one a Sum of one Hun- dred pounds agreeable to a Vote of Credit of the Late Assembly of the Ninth of March 1768 to en nable him to build a Pilot Boat in lieu of one Stolen from him at Cock spur to be paid £465 "_. him Statutes, Colonial and Revolutionary, 1768-1773. 117 Tax Act. him upon Condi tion that he gives a Bond with Se curity for his Con tinuance as a PUot in this Pro-vince for the Term of Two Years after the receipt of the said Sum and that he do not SeU or other-wise Dispose of the said Boat within the Term aforesaid which Bond shall be Con ditioned that in both or either of the above Cases the Obliged shall pay or cause to be paid unto the Pub lick Treasurer for the Use of the Province the said Sum of One hun dred pounds To the Midway Pi- lots a Salary Twenty pounds A Bounty to the Several Lycensed 100"__"__ 20' Pilots at Midway £20" — " A Bounty to Pilots 150" _" _ Pilots 118 Colonial Records Tax Act. PUots of this Province as an In ducement to Exert themselves in the Disch'arge of their Duty to be Issued and paid on a Cer tificate 'of the re spective Commis sioners named in and by an Act for regulating the Pi lotage of Vessels in the Several ports of this Pro-vince to be Di- -vided and Paid to the said PUots in proportion to the Number of Ves sels they shall re spectively bring into froim Sea and Carry out from this Prov ince Proof there of being made upon Oath of the Master or Com mander of every Such Vessel be fore the Officer Commanding Statutes, Colonial and Revolutionary, 1768-1773. 119 Tax Act. commanding a t Fort George on the Island of Cockspur or the C o m p t roller of the Country Du ties for the Port of Sunbury (as the Case may be) which Oath the said Officer & ComptroUer re- spectively are hereby authorized and required to administer to the Several Masters or Commanders of Vessels arri-ving in this Pro-vince as aforesaid (Vessels imployed in the Costing Trade only Excepted) One Hundred & fifty pounds £ 13"16"__ Register of To the Register of °£T3"*^i6"- Grants his ac compts 13"16"__ William To William Knox i'6"^2 "6 Esquire his Ac compts for monies by him Disbursted in Consequence of his 120 Colonial Records Tax Act. MichaelBates 2" 17" 5 his being Agent for this Pro°« 16" 2" 6 To Michael Bates his Account two pounds Seventeen Shillings & Six pence 2"17" 5 32"16"__ £767 "16". James .Johnston £34" 16" John Oak- len — 15" Charles Pryce 7" 7" 6 Brought over Tb James Johnson his Account thirty four pounds fif teen Shillings £ 34"15"__ To John Oaklin his Account fifteen Shillings & Six pence 15" 6 To Charles Pryce E'S'quire Attorney Gen' his Account commencing December 1767 ending first day of February 1768, Seven pounds Seven Shillings & Six pence 7" 7" 6 £767"16"_. 42"18"_- To Statutes, Colonial and Revolutionary, 1768-1773. 121 Tax Act. To Charles Pryce Esquire for a Ne- g r o e Executed thirty pounds __ 30"_-"__ To William Gibson for a Negroe Ex ecuted thirty pounds 30"__"__, To Lee & WeddaU their Acc'^ ten pounds Eight & Six pence I 10" 8" 6 To Jeremiah Slite- man his Account for cleaning & repairing two hundred & two Stand of Publick Arms & Six wall pieces for One year ending 12'" December 1768, Twelve pounds Eighteen Shillings & Six pence 12"18" 6 The Secretary of the Pro-vince Ballance of his Account Commencing 29*'' September 1767 & ending 29* Sep tember 1768 Six- Chas. Pryce for a Negro 30" — "— William Gibbons Lee & Wed del 10"8"6" 70" 8" 6 Jeremiah Sliterman 12"18"6 The Secre tary 16"7"! teen 122 Colonial Records Tax Act. Clerk of Council 13"13"6. George Gal phin 49"10"9. Lachn. Mo. GilUvray 16"17"9. The same 3"18".... teen pounds Seven ShiUings & Nine pence 16" 7" 9 The Clark of the CouncU BaUance of his account Commencing 29'" September 1767 and ending 29'" September 1768 thirteen pounds thirteen Shillings & Six pence 13 "13" 6 42"19" 9 To George Galphin Esquire his Ac count for Sun- d r y s furnished the Indians when runing the Boun dary Line forty Nine pounds Ten ShUlings & Nine pence three far"*^ Lachlan McGillivray Esquire his Ac count for Ditto Fifteen pounds Seventeen Shil lings & Nine pence Ditto for Expences paid by him at Barrington three 49 "10" 9% 15"17" 9 pounds Statutes, Colonial and Revolutionary, 1768-1773. 123 Tax Act. pounds Eighteen ShUlings 3"18"__ His Excellency the G„ His Excel- ovener for lency4"_"_ money advanced by him to Forres ter the Interpre ter and for pro- -visions provided by John Heam for the Indians 14"__"__ John Collins De- John Collins butts for his Ser- §?iv,^^ -vices in assisting the runing the Boundary Line two pounds 2"__"__ James Mackay & T T 1 nr ^-iT Mackay & Lachlan McGiUi- mc Giiuvray 66"7"9 vray Esquires for Hire of Simdry Men & horses and other Expences to assist in runing the said Line from Oowanochee to the River Saint Ma- rys fifty Six pounds Seven Shillings 124 Colonial Records Tax Act. Shillings & Nine pence Brought over- 56" 7" 9 141"14" 3% £1065 "17" 5% £1065 "17" 53^ James Duck- James Ducker his er 9"12"8 Account for a Horse Lost & for Sundrys Supplied by him in the above Service Nine p o u n d 'S twelve Shillings & Eight pence 9"12" 8 John Taylor John Taylor his ac count of a Horse lost in the Ser-vice above mentioned- 4.M " Samuel Sayerjr Samuel Savery his account for Surveying the Boundary Line of this Province Sixty five pounds 65"_-"__ James Forrester James For rester his Account for 9" — " — Rum Supplied the Indians as an In ducement to Con- tinue Statutes, Colonial and Revolutionary, 1768-1773. 125 Tax Aet. tinue running the said Lines two pounds three Shil lings To him for a gun given one of the Head men two pounds To him as a further Gratuity for his Extra Ser vices in D". five pounds 9" 3"- 87"15" 8 To George Galphin George oai- Esquire a Sum Ivis".... not Exc ceding Fifty Seven pounds Eighteen shillings for Sun- dery supplied and to be Supplied by him for the Indians that were at the running the Boundary Line and to be paid upon his pro ducing an at tested account for the same 57"18"— Henry Habart two Henry Ha- pounds ten SMI- 2"io".... lings Samuel Braziel two samuei sraz- ., lel 2"10".... pounds 126 Colonial Records Tax Act. Saunders Colson 2"10".... John Taylor 1"16".... Hysom Rob erts 1"15".-. Grey Elliott «"....".... lieorge Ball- lie & Co. 64"17"10 .rames Jack son 8"8".... pounds ten ShU lings Saunders Colson two pounds ten Shillings John Taylor One pound fifteen Shillings For making the Boundary Line 9" 5" Hysom Roberts his Account for Pro- -viding Beef i n running the said Line Two Pounds 2"— "— Grey EUiott Esq'. his account for Drawing three Bills the Last Ses sions and Omitted being Charged then in his Ac count Six pounds- 6" — " — George Baillie and Company their Account Sixty four pounds Sev enteen shillings & ten pence 64"17"10 James Jackson Esq', his account paid by him for sending Statutes, Colonial and Revolutionary, 1768-1773. 127 Tax Act. sending Dawn Ev idences against Charles Higdon Muckleroy David Higdon Thomas Braziel and Fran cis Underwood Eight pounds Eight Shillings 8" 8"„ His ExceUency the Govener f o r s o ilnc^"*'' much paid by i84"8"j him for Support ing the Command at fort George from the 18'" of May 1767 to the 8'" November fol lowing One Hun dred & Eighty four pounds Eight Shillings & four pence 184" 8" 4 332"17" 2 £1486 "10" 33^ Brought over— £1486 "10" 33^ To make good the Deficiency owing ir-io-io"""*' to the Several Pilots of this Province on the Certificates 128 Colonial Records Tax Act. An Officer & five men at Cockspurr210".-.".-.. The Provost Marshall 12"11"9 repairing the Caponier 20"....".... Certificates for bring in Vessels Over the Differ ent Bars a Sum n o t Exceeding Sixty one pounds ten Shillings & ten pence An Officer at Ten pounds ^ Month & five men at thirty Each ^ Month to Garrison fort George on the Island of Cock spur for twelve Months from the 8'" November ' 1768 210"— "__ The Provost Mar shall for BaUance of his Account from 29'" Septem ber 1767 to 29'" September 1768 Twelve pounds Eleven Shillings & Nine pence 12 "11" 9 To John Smith & William Ewen Esq', a Sum not Exceeding twenty 61 "10 "10 pounds Statutes, Colonial and Revolutionary, 1768-1773. 129 Tax A«t. pounds to be ap plied by their Di rections k^ repair ing & Making suf ficient the Capo nier in fort Hal ifax Used as a Prison for the Confinement of Felons and ne groes 20"—"— Joseph Bailey for bring do-wn to Sa vannah George Osborn Nat: Young L u n d y Hurst & Edward Hatcher thirteen pounds Sixteen Shillings & Nine pence 13"16" 9 William Young for his Services when Clark to the Com mittee of Corres pondence some years since .' 3" 3" John Storr for his acting as such the Last year 2" 2"__ James Johnson Printer a Salary * Joseph Bail ey 1S"J«"9 WilliamYoung 3"3".... John Storr 2"2"._. Printer's Salary60"....*'.... of 130 Colonial Records Tax Aet. of Fifty pounds in Consideration of his furnishing the Sundry per sons Named in and by an Act of the General As sembly Intitled an Act for making provision for Printing the Laws of the Province and for encourag ing a printer to Set up a Printing Press in the same who have not here tofore been Sup plied with them a Set of Coppies of all Laws which are now in force in this pro-vince when the same shaU be Demanded 50"—"— 311"13"6 The Hon 'ble Noble For Settleing IhTpZ Joiies Esq'. The ?6%'' -."'... Hon 'ble Noble Wimberly Jones Esq'. Alexander Wylly John Mull ryne Lachlan McGilhvray Statutes, Colonial and Revolutionary, 1768-1773. 131 Tax Act. McGillivray John Smith & George Galphin Esq', a Sum not Exceed ing Five Hundred & Sixty pounds to be by them or any five of them applied in Defray ing such Expen ces as they Shall judge really Nec essary & proper towards Settling a To-wnship on the Branches of Ogechee River 560' £2419 "13" 73^ Brought over £2419 "13" 73^ To Peter Tondee his Account for work done at the Peter Tondee fl6"18"3 work house Six- teen poun d^S Eighteen S h i 1 lings & three pence 16"18" 3 To William Graeme William Esq'. Attorneyi: Graeme 5"6"6 General 132 Colonial Records Tax Act. CourtHouse 150" - General his ac count 5" 6" 5 A Sum not Exceed ing One Hun dred & fifty pounds to the Commiss i o n e r s appointed for Building a Court house in Savan nah for Defraying the Expences of & Finishing the same 150"__"— 172" 4" 8 The Coro ner 22"0"S Read ft Mossman r'18".... Philip How- el 18"13"4 To the Coroner for takeing Several Inquisitions from July 26'" 1767 to 14 October 1768 twenty two pounds and Eight pence 22" 0" 8 Read & Mossman their Account two pounds Eighteen 2"1^"— To Phihp Howell his Account for Apprehending & bring do-wn to Sa vannah Chris". & Thos, Statutes, Colonial and Revolutionary, 1768-1773. 133 Tax Act. Tho". Mavo twelve pounds thirteen Shillings & four pence 12"13" 4 To Thomas Lee his Account five pounds five Shil Ungs 5" 5"__ To Preston & Pryce CI a r k s o f the Crown & peace their Acco'. Eight poimds Eleven Shilhngs & five pence 8"11" 5 To Peter Blyth his Account for Mate rials supplied by him for a Plat form near fort Halifax thirteen pounds Eight ShiUings & Six pen 13" 8" 6 To Joseph Howell for apprehending, Jesse Hamilton & bring him to Sa vannah two pound five 2" 5"— Thomas' Lee 5"5".... Preston Pryce 8"11"B Peter Blytb 1«"8"« JosephHowell2"B".... 67" 1"11 To the Commi'S- V sioners 134 Colonial Records Tax Act. Commis sioners of the General Loan 20"-.".... Henry Keal2"11".... Grey El liott 16"....".... The Com- Issary 30"....".... sioners of the General Loan a Sum not exceed ing twenty pounds for an Office Sc as a Gratuity to a Clark to the said Commis sioners twenty pounds To Henry Keal as late Clark of the Assembly Bal lance of his Ac co'. for the last year two pound Eleven To Grey Elliott for drawing Eight Bills this Session- To the Publick Com- mi s s ary for Purchaseing & Erecting a New flag Staff & allso for Purchaseing a new Set of Col ours for Fort Hal ifax in the To-wn of Savannah a Sum not Exceed ing thirty pounds To the Hon 'ble No- 20' 2"11' 16" 0"— 30"__' 68"11" 0 ble Statutes, Colonial and Revolutionary, 1768-1773. 135 Tax Act. ble Wimberly Jones Esq'. John Smith & WiUiam Young Esq', for purchaseing Mate rials & hire of workmen to Un der pin the Assem bly house -with Brick & for en closing the Lot belonging to the same -with a Brick Wall to be one Brick & a half thick & not Ex ceeding Eight feet high from the Sur face to be topped -with Mortar & Stuck -with Glass a Sum not Ex ceeding One Hun dred pounds repairing the Assem- hly house 10 »"...."..„ 100"—". Brought over__ To Daniel Nunes Searcher over and above the sum £2827 "11" 2% 74 £2827 "11 "23/4 pro-vided 136 Colonial Records Tax Act. To Daniel Nunes flO"....".... Collectors Commis sions. Treasurers Commls- ElOBS. provided for him by an Act for Lay ing a Duty on Goods imported from the Northern Colonies Ten pounds 10" 0' 2837 "11" 234 Collectors Commis sions at two & half ^ Cent __ 70 "18" 91/2 Treasurers Commis sions on Neat Tax to be paid to him at five ^ Cent— 138" 6" 8 309" 5" 51/2 £3046 "16" 8% And be it further Enacted that the Treas urer do pay to Alexander Wylly Noble Wim- That the TreasurerAlexr. ^-wyi- bcrly Jones and John Mulryne Esquires out £100"....".... of the money raised by the Tax Act for the t°g^imhurse year One thousand Seven Hundred & Sixty Seven One Hundred pounds to reimburse them Sum remit ted Chas. Garth Esqr. ^j^^^ ^^^ remitted by them to Charles Garth Esquire to be paid in the same manner & Under the same regulations as Other Sums provided by this Act are Directeu/to be paid. And Statutes, Colonial and Revolutionary, 1768-1773. 137 Security Against Internal Dangers and Insurrections. And be it further Enacted that the Fine & Fi„e and Penalties by this Act Inflicted not herein before his*Ma-^ ... Jesty. Disposed of shall be to his Majesty & applied in Aid of the General Tax. By order of the Commons House of Assembly N. W. Jones Speaker. By order of the Upper House James Habersham President. Council Chamber 24'" December 1768. Assented to Ja: Wright. (State Archives.) An act for the better security of the inhabitants by obliging the male white persons to carry fire arms to places of public worship. WHEREAS it is necessary for the security and defence of this province from internal dangers and insurrections, that all persons re sorting to places of pcibhc worship shall be ob liged to carry fire am23. Be Preamble. 138 Colonial Records Security Against Internal Dangers and Insurrections. All male 1- ^^ ^^ Enacted, That immediately from iteits *to ''^' and after the passing of this act, every male to places of white inhabitant of this province, (the inhabi- worshlp un- ^ orten"lhiT- tants of the sea port to-wns only excepted who "°^^' shaU not be obliged to carry any other than side arms) who is or shall be hable to bear arms in the mUitia, either at common musters or times of alarm, and resorting, on any Sunday or other times, to any church, or other place of di-vine worship -within the parish where such person shall reside, shall carry -with him a gun, or a pair of pistols, in good order and fit for ser- -vice, -with at least six charges of gun-powder and ball, and shall take the said gun or pistols -with him to the pew or seat, where suoh person shall sit, remain, or be, -within or about the said church or place of worship, under the penalty of ten shillings for every neglect of the same, to be recovered by warrant of distress and sale of the How to be offender's goods, under the hand and seal of any recovered . . « and applied, justicc of the pcaco foT the parish where suoh offence is committed, one half to be paid into the hands of the church wardens, or where there is no church wardens, to any justice for the use of the poor of the said parish, and the other half to him or them that shall give information thereof. 2. And for the better and more effectual wardens, Carrying this act into execution. Be it further to ^examine"' ENACTED, That the churcl; Warden or church war- persons lia- J. 1 ,- J . 1 ble to carry dens ot cach Tcspective /parish, and the deacons, arms. j. u. ? ? elders Statutes, Colonial and Revolutionary, 1768-1773. 139 Security Against Internal Dangers and Insurrections. elders or select men, of other places of public worsihip, shall be obhged, and they are hereby empowered to examine aU such male persons, either in or about isuch places of pubUc worship, at any time after the congregation is assembled, on Christmas and Easter days, and at least twelve other times in every year, and if, upon finding any person or persons liable to bear arms, and being then to places of pubhc wor ship as aforesaid, -without the arms and am munition by this act directed, and shall not, within fifteen days after such offence is com mitted, inform against suoh person or persons so offending, in order to recover the penalty as aforesaid, said church warden or church war dens, deacons, elders, or select men, shall, for every such neglect of duty, or gi-ving informa tion as aforesaid, forfeit and pay the sum of five pounds, to be recovered and applied as in this act is before directed. 3. And be it further enacted, That any such person or persons thus liable to bring their Persons re- arms, and being at any church or place of public fusing to be ' o J L- L- examined to worship, as aforesaid, that shall refuse to be ex- s"ifnngs?"to amined in or about such places of public wor- and'^^appfSd' ship, or neglect, on demand of the church warden or church wardens, deacons, elders, or select men respectively, to produce and shew his or their arms and ammunition by this act required to be brought by such person or persons, to the intent it may be kncW whether the same be fit 140 Colonial Records Continua tion. Prohibiting Exportation Indian Corn. fit for immediate use and service, such person or persons so refusing or neglecting shall sev- eraUy, and for every such offence^ forfeit the sum of ten shillings, to be recovered and applied in such manner as the penalty for not bringing such arms in and by this act directed. 4. And be it further enacted. That this act shaU be and continue in force for and during the term of three years, and from thence to the end of the next session of the General Assembly, and no longer. N. W. JONES, Speaker. JAMES HABERSHAM, President. JAMES WRIGHT. February 27, 1770. (State Archives.) An Act. To Prohibit for a certain Time the Exportation of Indian Corn. Whereas the shortness of the last Crop of In dian Corn in this Pro-vino/ makes it greatly to be apprehended that a Scarcity of that Article may ensue Statutes, Colonial and Revolutionary, 1768-1773. 141 iPrahibiting Exportation Indian Corn. ensue. And there is reason to believe that the Industrious poor Inhabitants may be greatly distressed thereby — ^And it is highly becoming the Legislature to pro-vide as much as possible against such Melancholy Consequences. We THEREFORE PRAY youT most Sacrcd Majesty that it may be Enacted, And be it Enacted by His Excellency James Wright Esquire Captain Gen eral and Governor in Chief of his Majestys Province of Georgia by and with the Ad-vice and Consent of the Honourable Council and Com- mons House of Assembly of the isaid Province in General Assembly met and by the authority of the same. That it shall not be lawful for any person or persons whatsoever and they are hereby Strictly forbidden and prohibited from and immediately after the passing of this Act and untU the first day of September next, to Ex port or Carry off, or cause to be Exported and Carried off, -without the Limits of this Pro-vince in any manner whatsover any Indian Com (Ex cept such as is already Loaden on board any Vessel or Vessel's -within this Pro-vince cleared for departure, and such as may be absolutely necessary for pro-visions and that not to Exceed twenty Bushels) in any Vessel Boat or Pettiau- gau under the Penalty of Five ShilUngs for every Bushel of Indian Com so Exported or Carried off, which Penalty if not Amounting to more than Eight Pounds, upon Proof of suoh Offence being Commitjted shall be Recovered be fore any two Justices of the Peace in any Parisih where 142 Colonial Records Prohibiting Exportation Indian Corn. where the same shall happen. And be Le-vied by Warrant of Distress and Sale of the Offen ders Goods and be paid to the person or per sons informing, and in case no Distress can be found whereon to Le-vy such penalty as afore said, then and in such case the Offender or Offenders to be by such Justices by Warrant un der their Hands and Seals committed to the Common Goal, and there to be and Remain for and during the Term of Twenty Days, and in case the penalty shall amount to more than Eight pounds then the same to b*e Recovered in any Court of Record in this Pro-vince, and the said penalty to be for the use of him her or them suing for the same. And if any person or persons shall be Sued for any Act matter or Thing done in pursuance hereof, the said Act and the Special matter shall be Given in E-vi- dence on the General Issue, and upon such suits being discontinued or Judgment passing against the plaintiff, the Defendant shall Recover Tre ble Costs. And for the better and more Effectual Carry ing into Execution the intent of this Act Be it FURTHER Enacted That every Master or Com mander of any Ship or Vessel outward bound from this Province upon Clearing out his Ship or Vessel with the Treasurer in the port of Sa vannah or the Comptroller of the Country du ties in the port of Sunbu?y, do take the follow ing Oath, "I AB do Swe^ar that I have not on board Statutes, Colonial and Revolutionary, 1768-1773. 143 Prohibiting Exportation Indian Corn. board my Vessel nor -wiU directly or indirectly take or Suffer to be taken on board the same from this pro-vince upon tMs present Voyage any Indian Corn Exceeding twenty Bushels, So help me God" Which Oath the said Treasurer and Comptroller of the Country duties are hereby directed and impowered to Administer pre-vious to their Clearing the said Vessel. And in Order that no unnecessary Restraint or burthen m^ be laid upon Trade Be it En acted that if at any time after the passing of this Act before the first day of September as aforesaid it shall appear and be made manifest to the Governor Or Commander in Chief for the time being that there is a Suflficient Quantity of Com fully to Answer the necessities of the Inhabitants it ishall in such case be Lawful to and for the said Governor or Commander in Chief for the time being by and -with the Ad- -vice and Consent of his Majesty's Council to Is sue his Proclamation, And thereby take off the Prohibition intended and made by this Act, in General or other-wise Subject to such Limita tion as to the said Governor or Commander in Chief and Council sjiall appear necessary. And whereas it may be necessary after the first day of September aforesaid to prohibit the Exportation of Indian Corn at a time when the General Assembly of this Pro-vince cannot with out manifest inconvenience be called together. Be it therefore Enacted That it shall and may be 144 Colonial Records Prohibiting Exportation Indian Corn. be Lawful to and for the Governor or the Com mander in Chief for the time being at any time or times after the 'said first of September during the Continuance of this Act when the Market Price of Indian Com shall Exceed two shillings and six pence per Bushel, by and -with the Ad vice and Consent of his Majestys Council either by Proclamation or Order in Council to Re strain and Prohibit the Exporting or Carrying without the Limit of this Pro-vince either by Land or by Water any Indian Com for such time and under the Several Penalties by this Act Inflicted, or such others as to him and them shall appear most necessary and likely to en force such Prohibition. And be it Enacted that this Act shall be and Continue in force for and during the Term of TJwo Years and from thence to the End of the next Session of the General Assembly and no longer. By Order of the Commons House of Assembly N. W. Jones Speaker By Order of the Upper i^ouse of Assembly James Habersham President Council Chamber 27'" Febmary 1770 Assented to : Ja : Wright. State Statutes, Colonial and Revolutionary, 1768-1773. 145 Collector and Comptroller of Sunbury. (State Archives.) AN ORDINANCE. For Appointing James Kitchen Collector and Comptroller of the Country Duties at the Port of Sunbury. WHEREAS Robert Nichols who by an Ordi nance of the General Assembly was appointed Comptroller and Collector of the Country Du ties at the Port of Sunbury is deceased, and it is necessary for Collecting the Country Duties that may arise and become due and payable at the said port to appoint a Collector and Comp troller for the same in his Room BE IT THEREFORE ORDAINED And it is hereby Ordained by his Excellency James Wright Es quire Captain General and Governor in Chief of his Majesty's Province of Georgia by and -with the Advice and Consent of the Honourable Coun cil and the Commons House of Assembly of the said Province in General Assembly met and by the Authority of the same, that James Kit chen be and he is hereby Ordained and declared to be Collector and Comptroller of the Coun try Duties that may arise and become due and payable at the port of Sunbury aforesaid, and to Continue and Remain as such to all intents and purposes whatsoever, Untill the twenty Sixth day of March in the Year of our Lord One thousand Seven hundred and Seventy, and from thence to the end of the next Session of the Gen eral Assembly. And 146 Colonial Records Collector and Comptroller of Sunbury. AND BE IT FURTHER ORDAINED That in Case of the Refusal to Act, Death or depar ture from the Province of the said James Kit chen it shall and may be lawful to and for the Governor or Commander in Chief for the time being by and -with the Advice and Consent of the Honourable Council to appoint another person as Collector and Comptroller of the Country du ties in the said port of Sunbury in the Place of the said James Kitchen during the Recess of the General Assembly, and until the End of the next Session thereof. By order of the Commons House of Assembly N. W. Jones Speaker By Order of the Upper House of Assembly James Habersham President. Council Chamber 27'" Febmary 1770 Assented to Ja: Wright. State Statutes, Colonial and Revolutionary, 1768-1773. 147 Supporting Watch in Savannah. (State Archives.) AN ACT For Empoivering Cotnmissioners to Assess the Inhabitants of the Town of Savannah in the Sum of two hundred pounds thirteen Shillings four pence and also to empower the Treas urer to Issue Certificates for the Sum of One hundred pounds Six Shillings and Eight pence to he Sunk in the next General Tax Act, for Supporting a Watch in the Town of Savan nah. WHEREAS by an Act passed this Present Session of Assembly Intitled "An Act for rais ing a certain Number of Watchmen for preserv ing good order in and about the To-wn of Savan nah it is amongst other things Enacted that a Watch shaU be Established and Enlisted in said Town of Savannah to Consist of one principal Officer or Commander and two Subalterns, one Drummer and twenty Seven able Watchmen not under the age of Eighteen Years nor above the Age of Fifty five Years and that the charge of maintaining the said Watch amounting to three Himdred and one pounds per Annum, shall be allowed and paid by the Publick Treasurer of this Pro-vince by Quarterly payments out of the monies to be raised for that purpose We there fore Pray Your most Sacred Majesty that it may be Enacted AND BE IT ENACTED by his Excellency James Wright Esquire Captain General 148 Colonial Records Supporting Watch in Savannah. General and Governor in Chief of His Majestys Province of Georgia by & -with the Ad-vice and Consent of the Honourable Council and Com mons House of Assembly of the said Pro-vince in General Assembly met and by the Authority of the same That immediately from & after the passing of this Act it shall and may be Lawful to and for the Commissioners herein after named to assess the Inhabitants of the To-wn of Savannah in the Sum of two hundred pounds thirteen Shillings and four pence being two thirds of the said Sum of three hundred & one pounds in the following manner that is to Say the Sum of One Shilling and Six pence on aU Lots in the To-wn of Sava:nnah, Wharf Lots, and Lots laid out on Lands commonly called Yam acraw The Trustees Gardens and Ewensburgh, at the rate of two Shillings on every hundred pounds Value of Buildings & Improvements on the said Lots, the Sum of One Shilling on every Negro or other Slave whatsoever -vsdthin the Limits aforesaid, the Sum of Ten Shillings on every free Negroe mulatto or Mustee above the age of Sixteen Years, the Sum of Two Shil lings on every hundred pounds Value of all Goods Wares & Merchandize imported into this pro-vince -with Intent to sell again by any Mer chant Factor, Storekeeper or other person what soever to be rated at the price thereof as Im ported, the Sum of Three Shillings on every hundred pounds Let or Lying as Interest by Choice, and the Sum of Two ShUlings and Six pence Statutes, Colonial and Revolutionary, 1768-1773. 149 Supporting Watch in Savannah. pence on every Inhabitant within the Limits aforesaid, and not herein before liable to be As sessed, not being possessed of any of the Ar ticles herein before enumerated (Apprentices under the age of twenty one Years Excepted) AND BE IT FURTHER ENACTED that the several Persons hable to be Assessed by this Act who shall neglect or refuse to pay their respective Assessment -within Thirty days after being so Assessed every such Defaulter shall be subject and liable to a Penalty not exceeding twenty Shillings over & above the said Assess ment which shall & may be recovered by the ' Commissioners herein after named by warrant of distress and Sale of the Offenders Goods to be applied as herein after is directed and the said Commissioners shall be obhged to render a just & fair Accotmt of all Monies Received by Virtue of this Act when thereunto Required. AND BE IT FURTHER ENACTED that Robert Bolton, Nathaniel Hall and Richard Wylly shall be and they are hereby nominated declared & appointed Commissioners for the purposes aforesaid & they are hereby required & Strictly enjoined to pay the said Several Sums so Assessed into the Hand's of the Publick Treasurer to be appropriated as directed by the before recited Act. AND WHEREAS for the Protection of the Publick Buildings & Records of the Province it is 150 Colonial Records Supporting Watoh in Savannah. is reasonable that the Publick should contribute toward the payment of the said Watch. BE IT THEREFORE FURTHER ENACTED that if shall and may be Lawful to & for the Treasurer aforesaid to Issue Certificates for the Sum of One hundred pounds Six Shillings & Eight pence being one third of the said Sum of three hun dred and one pounds to go in aid of paying the said Watch which said Sum 'shall be sunk by the next General Tax Act AND BE IT FURTHER ENACTED that the Several Assessors or any or either of them who shall refuse to do and perform the several mat ters hereby required of them respectively to be done within the time prescribed by this Act shal for every such neglect or refusal forfeit the Sum of Twenty pounds to be appropriated for the Support of the said Watch to be Sued for & recovered by the Treasurer by Bill plaint or Information in the General Court of Pleas of this Pro-vince. AND BE IT FURTHER ENACTED that the said Assessors shall be paid at the rate of two & one half Per Cent & the Treasurer at the rate of five Per Cent: out of the monies to be Col lected by Virtue of this Act. AND IT IS HEREBY FURTHER EN ACTED that this Act shall Continue & be in force Statutes, Colonial and Revolutionary, 1768-1773. 151 Ha;rbour Master for Savannah. force for and during the Term of one Year from the passing thereof and no longer. By order of the Commons House of Assembly N W Jones Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 10'". May 1770 Assented to Ja: Wright. (State Archives.) AN ORDINANCE For Appointing Andrew Elton Wells Harbour Master for the Port of Savannah. WHEREAS by An Act passed this Present Session of the General Assembly Intitled An Act to Regulate and ascertain the Rates of Wharfage of Shipping and Merchandize and also to ascertain the Rates of Storage in the Several ports of this Pro-vince and for the bet> ter 152 Colonial Records HaTibour Master for Savannah. ter Regulation of Wharfs and Shipping in the said Ports and for Ascertaining the Duty of an Harbour Master for the Port of Savannah, it is amongst other things Enacted and declared that the Harbour Master for the said Port of Savannah shall be appointed by Ordinance of the General Assembly : BE IT THEREFORE ORDAINED And it is hereby Ordained by his Excellency James Wright Esquire Captain Gen eral & Governor in Chief of his Majestys Prov ince of Georgia by and -with the Ad-vice and Con sent of the Honourable Council and Commons House of Assembly of the said Province in Gen eral Assembly met and by the Authority of the same that Andrew Elton Wells be and he is hereby Ordained and Declared to be Harbour Master for the Port of Savannah aforesaid and Continue and remain as such to all intents and purposes whatsoever for and during the Term of Two Year and from thence to the end of the next Session of the General Assembly. AND BE IT FURTHER ORDAINED That in Case of Refusal to Aot Death or Departure from the Province of the said Andrew Elton Wells it shall and may be La-wful to and for the Governor or Commander in Chief for the time being by and -with the Ad-vice and Consent of the Honourable Council to appoint another person as Harbour Master for the said Port of Savan nah in the place of the said Andrew Elton WeUs during Statutes, Colonial and Revolutionary, 1768-1773. 153 Packers and Inspectors for Savannaih and Sunbury. during the Recess of the General Assembly, and imtill the end of the next Session thereof. By order of the Commons House of Assembly NW JONES Speaker By Order of the upper House of Assembly JAMES HABERSHAM President Coimcil Chamber 10'" May 1770 Assented to JA: WRIGHT. (State Archives.) AN ORDINANCE. For appointing packers and Inspectors for the 'ports of Savannah and Sunbury And also Cul lers and Inspectors of Lumber in the said Ports.Whereas the Ordinance passed by the Gen eral Assembly of this Province the twenty Sixth day of March in the Year of our Lord One thousand Seven hundred and Sixty Seven for appointing packers and Inspectors for the ports of Savannah and Sunbury and also Cullers and Inspectors 154 Colonial Records Packers and Inspectors for Savannah and Sunbury. Inspectors of Lumber in the said ports is near Expiring, And whereas some of the said pack ers and Inspectors and also some of the said Cullers and Inspectors have deceased or de parted from this Province, And it is highly nec essary that others should be appointed in their Room agreeable to the Acts of the General As sembly in that case made and pro-vided Be it THEREFORE Ordained And it is hereby Ordained by His ExceUency James Wright Esquire Cap tain General and Commander in Chief of his Majestys Province of Georgia by and with the Ad-vice and Consent of the Honourable Council and Commons House of Assembly of the said Pro-vince in General Assembly met and by the Authority of the same That Thomas Lee the Elder, James Herriott, William Trenfield, and John Allen shall be and they are hereby ap pointed packers and Inspectors for the port of Savannah, and that Peter Tondee, Joseph Dun- lap, Thomas Lee the Younger, Benjamin Wed dell and Philip Hughes shall be and are hereby appointed Cullers and Inspectors of Lumber for the same. And that Samuel Moreeock and Sam uel Nelmes shall be and they are hereby ap pointed packers and Inspectors for the port of Sunbury, And that the said Samuel Moreeock and Samuel Nelmes shall be and they are hereby appointed Cullers and Inspectors Of Lumber for the said port. And whereas many Vessels are Loaded in the Harbour of Saint Simons which are entered and Cleared in the port of Sunbury. Be Statutes, Colonial and Revolutionary, 1768-1773. 155 Packers and Inspectors for Savannah and Sunbury. Be it therefore Ordained That Charles M°: Donald shall be and is hereby appointed and de clared to be an Additional packer and Inspector, and an Additional Culler and Inspector for the said port to do and perform his Duty at Fred erica. And be it further Ordained That in case of Refusal to Act Death or Departure from the Pro-vince of any of the said packers and Inspec tors or Cullers and Inspectors it shall and may be Lawful to and for the Governor or Comman der in Chief for the time being by and -with the Ad-vice and Consent of the Honourable Council to nominate and appoint other packers and In spectors and Cullers and Inspectors of Lumber in the Room of any so Refusing to Act, dying or departing the Pro-vince. And be it further Ordained That this Ordi nance shall be and Continue in force for and dur ing the Term of One Year and from thence to the end of the next Session of the General As sembly and no longer. By order of the Commons House of Assembly NW Jones Speaker By order of the upper House of Assembly James Habersham President Council Chamber 10 May 1770 Assented to Ja: Wright. State 156 Colonial Records Malignant and Contagious Distempers. (State Archives.) AN ACT TO amend an Act intituled an Act to prevent the bringing into a/nd spreading of Malignant and Contagious Distempers in the Province; to oblige Masters or Commanders of Vessels go ing out of any Port within the same first to produce a Passport from the Governour or Commander in Chief; to 'prevent the Har bouring of sick Sailors and others; and for the regulating and well ordering of the Laza retto upon the Island of Tybee. WHEREAS the Act to prevent the bringing into and spreading of maUgnant and contagious Distempers in this Pro-vince, to oblige Masters or Commanders of Vessels going out of any Port within the Same first to produce a Pasport from the Governour or Commander in Chief to prevent the harbouring of sick Sailors and others; and for the regulating and well order ing of the Lazaretto upon the Island of Tybee; has by experience been found in some cases in effectual, and the good purposes thereby in tended have not been answered AND WHERE AS it is of the utmost consequence to the In habitants of this Province that the Plague, small Pox and other malignant Distempers should be effectually prevented being brought into the same WE THEREFORE PRAY your most sacred Majesty that it may be Enacted And Statutes, Colonial and Revolutionary, 1768-1773. 357 Malignant and Contagious Distempers. AND BE IT ENACTED by his Excellency James Wright Esquire Captain general and Governour in Chief of his Majesty's Pro-vdnce of Georgia by and -with the Advice and Consent of the Honourable Coimcil and The Commons House of Assembly of the said Province in gen eral Assembly met and by the Authority of the same THAT from and after the passing of this Act the Pilot or Pilots belonging to the several Ports of this Pro-vince do, before his or their entering on Board any Ship bound or coming into any Port or Harbour of this Pro-vince, put the foUo-wing questions to the Master or Com mander of the same to wit. Whether all Persons then on Board are in Health? Whether the Place from whence they last came was healthy? Whether any Persons were sick in the Course of the Passage? How many? Of what Distem pers? and how long since? And whether any died in the Course of the said Passage? How many? Of what Distempers? and how long since? AND every master or Commander is here by strictly enjoined and required, -without Equivocation or Reserve, to give just and true Answers to aU such Inquiries of the said Pilot or PUots, AND BE IT FURTHER ENACTED that if the Master or Commander of any Ship or Vessel shall refuse to answer, or give any un true Answer to any of the Questions aforesaid, or to any Question whatsoever, put by any Pilot or Pilots relative to the Matter above men tioned, suoh Master or Commander so refusing to 158 Colonial Records Malignant and Contagious Distempers. to answer or giving any untrue answer, upon Proof thereof made, shall forfeit and pay a sum not exceeding one hundred Pounds Sterling to be recovered and applied as is herein after di rected, AND WHEREAS the Act above re ferred to directs the Master or Commander of every Ship or Vessel, or in Case of the Incapac ity of such Master Or Commander, then the Doctor and one Officer, and if no Doctor, then one Officer and one Foremastman, upon any Vessels being brought to, forth-with to repair to Fort George at Cockspur, or to the Collector, of his Majesty's Customs at Sunbury, as the Case may be, in order that such Master or Com mander Doctor, Officer or Foremastman, may undergo a strict Examination by the Comman der of the said Fort or CoUector of his Ma jesty's Customs; and has pointed out a Mode of Examination by directing the said Commander or CoUector as the Case may be to put certain Questions to every such Master or Commander, Doctor, Officer, or Foremastman, but has not inflicted any Penalty on such Master or Com mander, Doctor, Officer or Foremastman, neg lecting to repair as aforesaid or refusing to be swom, or, when swom, giving an untrue An swer, or refusing to answer, BE IT THERE FORE ENACTED that if any Master or Com mander of any Ship or Vessel, or any Doctor, Officer or Foremastman who are directed to re pair as aforesaid, shall neglect so to do, or shall refuse to be swom or affirm, or when swom shall Statutes, Colonial and Revolutionary, 1768-1773. 159 Malignant and Contagious Distempers. shall refuse to answer, or give any untrue an swer to any of the Questions directed by the said Act to be put to the said Master or Com mander Doctor, Officer, or Foremastman, by the Commander or Collector aforesaid, or to any Question relative thereto put by either of the Persons above mentioned, such Master or Commander, Doctor, Officer, or Foremastman so neglecting to repair as aforesaid, or so refusing to be swom or affirm, or so refusing to Answer, shall forfeit and pay a Sum not exceeding One hundred Pounds Sterling to be recovered and applied as herein after directed AND such Master or Commander, Doctor, Officer or Fore mastman, being sworn, or having affirmed, and giving a false Answer, shall for every such of fence stand in the Pillory from the Hours of ten to twelve of the Clock in the forenoon And also forfeit a sum not exceeding One hundred Pounds Sterling to be recovered and applied as hereinafter mentioned— AND BE IT FUR THER ENACTED that aU and singular the Penalties and Forfeitures by this Act imposed shall be sued for and recovered by Action of Debt Bill Plaint or Information in the general Court of Pleas in this Province and be applied one third to the Informer or Informers and the other two thirds to his Majesty his Heirs and Successors in Aid of the general Tax towards reimbursing the Expense of Building the Laza retto, keeping the same in Repair, and paying the Salary of the Keeper or Manager of the said 160 Colonial Records Malignant and Contagious Distemipers. said House. AND all and every Person or Persons who shall be sued or prosecuted for any Aot Matter or Thing in Pursuance or Exe cution of this Act shall and may plead the gen eral Issue, and give the special Matter in E-vi- dence, AND if any Plaintiff or Prosecutor shall be non suited, suffer a Discontinuance, enter a Noli Prosequi, or a Verdict shall be given against him, the Defendant shall be allowed and recover treble Costs AND BE IT FURTHER ENACTED that this Act shall contmue and be in Force for and during the Term of one Year from the passing thereof and from thence to the end of the next Session of the general Assembly and no longer. By Order of the upper House of Assembly JAMES HABERSHAM President By order of the Commons House of Assembly NW JONES Speaker Council Chamber 10'" May 1770 Assented to JA: WRIGHT. State Title. Statutes, Colonial and Revolutionary, 1768-1773. 161 Tax Act. (State Archives.) AN ACT For Granting to his Majesty the Sum of Three thousand three hundred and Fifty five pounds Nine Shillings and one Farthing for the use and Support of the Government of Georgia for the Year one thousand Seven hundred and Seventy to be raised at certain rates and after the Method therein mentioned for the more effectual Collecting of Arrears and for Exempting the Parishes of Saint David Saint Patrick, Saint Thomas, and Saint Mary they not being represented. We his Majestys most dutiful and loyal Sub- Preamble. jects the Commons House of Assembly of Geor gia, taking into our Consideration, the Expences necessary towards the Support of this Govern ment for the present year, and ha-ving resolved to Supply the same do by this Act chearfully and Voluntarily give and Grant unto his Maj esty the Sum of Three thousand three hundred and Fifty five pounds Nine Shillings and One farthing to be raised Le-vied and paid in the manner and for the purposes herein after in this Act mentioned. And we do therefore hum bly pray your most Sacred Majesty that it may Sn£icted. be Enacted And be it Enacted by his Excellency James Wright Esquire Captain General and Governor in Chief of this his Majesty's Prov ince of Georgia by and -with the Ad-vice and Con sent 162 Colonial Records Tax Act. sent of the Honourable Council and Commons House of Assembly of the said Pro-vince in Gen eral Assembly met, and by the Authority of 1e33B5"9"o *^^ same, that the Sum of Three thousand, fot ^he™su|- Three hundred, and Fifty five pounds Nine Govern- Shillings and one farthing, shall be raised Lev- ment for .-..,. troiJ^th 29 '^ ^ paid -Within the Space of one year from sep'?r. 1769. the Twenty Ninth day of September One thou sand Seven hundred and Sixty Nine and is hereby Granted to his Majesty, for the use and Support of this Government in the manner as is herein after mentioned and directed. And be it further Enacted that towards Tax of raising the said Sum of Three thousand Three Thjit S3.id T^i^ed\y a liTJidred and Fifty five pounds Nine Shilhngs and one Farthing the several rates and Sums folio-wing shall be rated and Assessed as herein after mentioned that is to Say the Sum of one 1-6 on every Shilling and Six pence on every hundred Acres hundred "^ La'nd, °' Land in this Province holden and possessed by Grant or Warrant by any Person or Persons whatsoever ; The Sum of Four Shillings and 4-6 on every => ""'^ of^Lotf in Sixpence on every hundred pounds Value on named!"^"^ all Lots iu the Town of Savannah, Ebenezer, Augusta Frederica and Sunbury Wharf Lots, and Lots laid out on Lands commonly called Yamacraw, the Trustees Gardens and Ewens- £io°o" vlTSf burgh, the Sum of three Shillings on every hun- ?ngf "there- dred pouuds Value of Buildings and improve ments on the said Lots, the Sum of one Shilling and Sixpence on every Negroe or other Slave 3 on. 1-6 on Slaves. whatsoever Statutes, Colonial and Revolutionary, 1768-1773. 163 Tax Act. whatsoever being -within the Limits of this Prov mce the Sum of Twelve Shillings and Six- SXtto 12-6 on free or Mullattoesabove 16 yrs. pence on every free Negroe, Mulatto or Mustee above the age of Sixteen years the Sum of Four Shillings and Sixpence on every hundred pounds £ioo°vaiue'^ of M!er— Value of all Goods Wares and Merchandize im- chandize. ported into this Pro-vince with Intent to Sell again by any Merchant, Factor, Store keeper or other person whatsoever to be rated at the price thereof as Imported (Goods Wares and Merchandize imported by Transient persons ^_g only excepted) the Sum of Seven Shillings and i"?est^Vy** six pence on every hundred pounds let or lying at Interest by Choice the Parishes lying and ^''^h^^'^'^''^^ being to the Southward of the River, Altamaha, o?"\hT ai- to -wit the Parish of Saint Da-vid, Saint Patrick, ™^ ^ Saint Thomas, and Saint Mary they not being Excepted. represented, and also Lands whereon any Churches or other Buildings for di-vine Worship or for Charitable uses are Erected and Lands, Slaves or moneys belonging or appertaining to or going with such Buildings Excepted. And be it further Enacted that all and every Person and Persons whatsoever having an-y Es- 'jersons in- ° •' terested be- tate or Interest in any Lands Tenements Goods TJIga'ay ""^^^ or Chattels within this Province shall on or be- '" ¦^""®' fore the first Tuesday in June, after the pas sing of this Act render a particular Account in do render an account in Writing upon Oath or Affirmation, if a Quaker o"j""fo "'^°" to the Best of his her or their knowledge, unto tors &°c"of" the Collectors of the Several parishes where he i^otl &c*" ^ she 164 Colonial Records Tax Act. she or they shall respectively reside of all Lands, Lots, houses. Slaves, Monies at Interest Goods and Effects w'hatsoever whereof he She or they is or are Seized or possessed, or Interested in, liable by this Act, to the rates and Taxes afore said and where Situate and being, and of all Deer Skins and Beaver Skins, by him her or them Exported or Sent out of this Pro-vince who are re- Exccpt in Ships bouud to Great Britain at such quired to no'ticl''by*''^ time and place as the Collectors herein after me^nt"^^" named shall respectively direct and appoint who are hereby required to give at Least Twenty days Notice thereof by Publick Advertizement, Specifying the Several rates aforesaid and all and every the said person and persons so giv ing an Account as aforesaid shall at the same And at the f.2S'**;,i''S.* ti™^ P^y to the said CoUectors the Several Sums and Taxes due from him, her, or them thereupon as by this Act rated and Assessed. That the And be it further Enacted that the said Col- admiSistlr loctors respectively shall and they are hereby an Oath to •- .1 j on r^eoe'iv^ng i"^Tiired to administer the Oath following to Sunt."*^"" all and every Person and persons at the time of Receiving his her, or their Account first enter ing such Account in the List of Schedule agree able to the form to this Act annexed whereto the persons so paying their Tax Shall respectively Subscribe their Name in the Column of the said Schedule for this purpose assigned — The Oath. "I A. B. do Solemnly Swear (or affirm as the case Statutes, Colonial and Revolutionary, 1768-1773. 165 Tax Act. "case may be) in the presence of Almighty God "that the Account now by me given and deliv- "ered to the Collectors of the Publick Tax doth "contain a Just true and particular Account of "all the Lands, Town Lots, Houses and Slaves "whereof I am in anywise Seized possessed inti- "tled unto or interested in either in my o-wn "right or as Attorney, Guardian, Executor, or "Administrator, or Trustee to any other person "or persons whatsoever And of the Amount of "the prime Costs of all Goods, Wares, and Mer- " chandize by me imported -with Intent to Sell "again or Consigned to me for Sale on Commis- ' ' sion And of all Deer Skins and Beaver Skins "by me Exported or Sent out of the Pro-vince "Except in Ships bound to Great Britain from "the first day of March one thousand Seven "hundred and Sixty Nine Exclusive to the first "day of March One thousand Seven hundred "and Seventy Inclusive (the produce of this "Pro-vince and Goods Exported as a remittance "only Excepted) and also of aU monies Let or "lying at Interest by Choice in this Province ' ' either in my o-wn right or in the Right of any "other Person or persons whatsoever So Help "me God." And be it further Enacted that for the more Effectual recovery of the Arrears 'of the last JiJ-son^iilwe and every preceeding years Tax all and every are "to pr^ duce a re- the said person and persons hereby liable to the f^ipt for the payment of the Tax by this Act imposed shall at the 166 Colonial Records Tax Act. Or make Oath that they have paid it and every pre- ceedin§ryear. And if such be in arrear they are to give an Ac cot. Upon Oath and pay the same ac- cording-ly. the time of gi-ving in his her or their Account as herein before required produce to the Collec tor or Collectors a receipt for the last years Tax or otherwise declare upon Oath (or affirmation as the Case shall be) which the Collectors hereby appointed are Severally and respectively authorized and required to administer (that he. She, or they hath or have paid the Publick Tax for the last and every preceeding year agree able to the Rates thereof and in Case such per son or persons shall be in arrears for the last or any preceeding years Tax, he, she, or they shall then give an Account thereof upon Oath and pay the same to the Collectors accordingly in failure whereof the same shall and may be rated Assessed and Levied as herein after pro vided. That per sons giving an Accot. of their Tax and not -aying- at the same time or within 30 days. And be it further Enacted that in Case any Person or Persons who shall give an account of their Lands Slaves and Effects as herein be fore required and shall not at the same time pay the Tax thereupon due from him, her, or them, as herein before directed or within Thirty days after such account by him, her or them so given The coiiec- that then it shall and may be Lawful to and for tors may ^ llme.**"^ the Several Collectors and they are hereby re spectively required to cause the same to be Levied in manner as herein after mentioned. Persons who ^^^ ^^ ^"^ FURTHER Enacted that if auy Pcr- tS^"ivrln*® son or Persons whatsoever Shall neglect or re- th*eir ¦ ° fuse to give an Account of their respective Lands Lotts *°- Lands Statutes", Colonial and Revolutionary, 1768-1773. 167 Tax Act. Lands, Lots, Houses, Slaves, Monies let or lying at Interest by Choice Goods and effects as afore said at the time and in the manner as by this Act is herein before directed the CoUectors The couec- respectively and either of them shall and they quired in lo ^ •' •' ds. after the are hereby severally authorized and required ^^l^aal§\n -within Ten days after the said first Tuesday of sess^ them^' June to rate and Assess every such defaulter Tax. and defaulters double the Tax, which he she or they shall have paid for the last Year, or to or to the •' ^ ' best of their the best of his and their Knowledge for dou- ^°^^^^^' ble the Estate which he she or they shall possess dJmbie'°their and in either case shall cause the same to be Le-vied as herein after is directed. And to prevent free Mulattoes from evading the payment of the Tax by pretending to be SuoM^t^"^' Spaniards or other foreigners Be it further En- uniess^tkey can prove acted that every such person who shall be repu- t^e^ con- ted a Mulattoe shall be assessed as suoh unless he can prove the Contrary .... And be it further Enacted that the Several rates and Taxes hereby rated and imposed shall ^^ ^*.j,\g^ ^^^ be Levied on the Goods and Chattels of the De- ^cSibs^^ faulter or Defaulters by warrant under the ers by wart. of I^istr6ss Hand and Seal of the Collector or Collectors from the Collectors. of the Parish wherein such Defaulter or De faulters shall reside to be directed to any Con stable or Constables thereof requiring him or them to Levy the same by Distress and Sale of the Defaulter or Defaulters Goods and Chattels returning to him or them the Overplus if any af ter 168 Colonial Records Tax Act. ter deducting The Charges following Viz': for to %e paid^^ Scrviug cvcry warrant of Execution One Shil- by the De- ... fauiters. Img in the Pound of every hundred pound Le vied, and Two pence for every Mile to be com puted from the dweUing House of the Constable Le-vying the same to the place of residence of every such Defaulter or Defaulters and the Col- constabies Isctors respectively shall and may take one Shil- do^'their *° li^ig ^ud Six pence for every such warrant, and feit''£5°to°be evcry Constable refusing or neglecting to Exe- recovered of Dis"^™"* ^^^® such warrant shall for every Offence forfeit tress. g^jj J pgy the Sum of Five pounds to be recovered by warrant of distress of any Justice of the Peace where the Offence shall be Committed on due proof thereof made before him by any Col lector or Collectors and in case no Goods or And in case the"oftender Chattels of such offender may be found whereon mittld 'to"" the said distress may be Levied then it shall and may be Lawful for such Justice of the Peace to Commit such Offender to the Common Goal in Savannah there to remain for the Space of three Months or untill the said Sum of Five pounds shall be Satisfied. And be it further Enacted that the Several fo°r"^savan- persous herein after named shall be and they arq Christ hereby appointed Collectors for the Several' Church par ish named, parishes herein after mentioned respectively that is to Say, for the Town of Savannah and Parish of Christ Church Robert Bolton, Rich ard Wylly, and Nathaniel Hall, for the To-wn zer & St. of Ebenezer and parisih of Saint Matthew, Ben- Matthew. ^ ' jamin Statutes, Colonial and Revolutionary, 1768-1773. 169 Tax Act. jamin Stirk, John Fieri, and Isaac Ford Es quires, For Halifax and Parish of Saint George, J°^ ^%^ John Thomas Jun'. Andrew M Corrie and Da- *°'^^^" -vid Lewis Esquires, For the Town of Augusta ^^^ ausus- and parish of Saint PaiU, James Jaokson Es- paiirs^*' quire, Robert Germany and George Whitefield, For the Parish of Saint Philip, William Le For st. Conte, and John Davis Esquires for the Town of Sunbury and the parish of Saint John Benja- bury'^&"st. min Andrew Esquire, Josiah Bacon, and Thom 'as Hughes, For Darien and parish of Saint for Darian " & St. An- Andrew Jonathan Cochran Lachlan Mcintosh '^'¦®^' «¦'"* Esquires and John McCleland, For the Town of Sca^& st Frederica and parish of Saint James, James ^'"^^' Bruce Esquire and Charles McDonald, which said Collectors respectively shall before their Ja^l'^ ^^fi^o. Entering upon their Office take the Oath follow- htlri^nf^ ing, before any Justice of the Peace for the office do^ ^ °' •' talce an Parish where they shall reside that is to Say I. o^th. A. B. do Solemnly Swear that I will well and ^^^ ^^^^ faithfully according to the best of my knowledge and ability and so that the Publick Tax shall sustain no loss or damage from any wilful neg lect or omission of mine, observe Execute and perform the Several matters and things re quired of me to be done and performed in and by an Act of the General Assembly of this Pro-vince Intitled "An Act for Granting to his "Majesty the Sum of Three Thousand, Three "Hundred and Fifty five pounds Nine Shillings "and one Farthing for the use and Support of "the Government of Georgia for the Year One thousand Seven Hundred and Seventy to be raised 170 Colonial Records Tax Act. raised at certain rates and after the method therein mentioned, for the more Effectual CoUecting of Arrears and for Exempting the Parishes of Saint David, Saint Patrick, Saint Thomas and Saint Mary they not being represented according to the true In tent and meaning thereof So help me God which To be cerU- ^ Tuatice and Oath the Said Justice is hereby authorized and Justice and the'^Treis-*" required to administer accordingly and to give a Certificate thereof under his Hand and Seal which shall be produced by the Collectors re spectively at the time of their delivering their Accounts to the Treasurer as herein after is re quired. And Whereas there are Sundry Tracts of T^at^Attor- Laud Lots Houscs and Monies the proprietors Srnl of^the' "^-hereof are not resident in this province Be it pos^s'es^s as^^ therefore further Enacted that all Attorneys such &o who _^ fiabi™ to" Trustees Executors and Administrators or other oSt of ^th^if persons any wise concerned for absentees shaU tates. ^' make due return to the Collectors of the par ishes respectively where they shall reside of the Estate and Effects they shaU so possess or be in terested in as Attorneys, Guardians, Trustees Executors or Administrators or otherwise, and shall and they are hereby made liable to the payment of the rates and Taxes Assessed Unless they thereou out of their o-wn Estates and Effects in make Oath t • i n that they manner as herem before mentioned unless such have re- tSeiT^ittor- Attorney or Attorneys Guardian or Guardians, ney Ship. T,rustee or Trustees, shall make Oath before the Collectors Statutes, Colonial and Revolutionary, 1768-1773. 171 Tax Act. Collectors or one of them that he has renounced his Power and Attorneyship before the Tax be came due and without any intent to evade the Attorney &c may deduct payment thereof, and every such Attorney and *^^ of^'Sfe Attorneys, Guardian and Guardians, Trustees Esta"e*s*^ta Executors and Administrators shaU and may Eitectsthe same deduct the Tax he or they shall so pay out of the I'^char^e"™" Effects of the Absentee in his or their Hands senTejF^"" and in case of no such Effects every Suoh pay ment shall and is hereby made a Lien and Charge upon the Lands and Chattels of every Such Absentee his heirs, and assigns 'and shall and may accordingly be recovered at any time afterwards by the person or persons paying the same, his her, or their Executors, or Adminis trators in any of his Majesty's Courts in this province. Lands &c. And Whereas the payment of the Publick Tax hath been evaded by persons Settled on or To prevent persons whe possess near the Banks of Savannah River that hold or the Banks of the River possess Lands on the opposite side thereof in both"prov-'" the Pro-vince of South Carolina by removing Ing^ the^'rax. their Slaves from this province at the time of Collecting the Tax, for remedy whereof Be it Enacted further Enacted that all and every such person hoid*in''g "^^""^ or persons holding Lands in both Provinces at both^^prov- the time of gi-ving an Account of his and their produce the ° ° Collectors of Lands and Estate to the Collectors as herein be- ^^-s *^r"°"' fore required shall produce to suoh Collector or °®*''*^' Collectors a Receipt or Certificate from the Col lector or Collectors of Tax in South Carolina of the 172 Colonial Records Tax Act. of for the number Slavesthey pay Tax there or make Oath to what they have paid. Thc Oath. Persons' re- fusinir lya ble to pay Tax for their whole Slaves. the Number of Slaves for which Tax shall have been paid by him, her, or them for the present year or otherwise ishall make Oath before the Collector or Collectors aforesaid to the Effect following wliich they are hereby authorized and required to administer Viz' : that he she or they hath paid the Publick Tax in the Province of South Carolina for the present year for all his, her, or their Slaves other than such as are con tained in the Account now delivered into the Collector or Collectors as aforesaid pursuant to the directions of this Aot, and all and every person and persons who shall refuse to produce such Receipt or Certificate or to make Oath as aforesaid, shall be liable to pay Tax for the whole Number of his, her, or their Slaves and the said Collectors, shall in Default of pay ment accordingly Issue warrants of Execution for the same as herein before directed. Collectors shall before the first Tuesday In August, or within ten days after close their Accounts & deliver them to the Treas urer. pay the Ballance af ter deduct ing Commis sions. And be it further Enacted that the said Col lectors respectively shall on or before the first Tuesday of August next after the passing of this Act or -mthin Ten days after close their Accounts and deliver the same in person to gether with the Tax list aforesaid. And also an account of the Lands held by absentees or per sons not resident in the Parish unto the Treas urer of this Province and at the same time shaU pay him all Such monies as by them or either of them shall have been respectively received in pursuance of this Act after deducting for Com- misssions Statutes, Colonial and Revolutionary, 1768-1773. 173 Tax Aet. missions at the rate of Sixpence for every pound and no more and the said Collectors respectively shall sign The Tax list by them delivered, and at the same time upon Oath, shaU dehver to the And give in Treasurer an Account of their own Lands, and pay their own Slaves and Estates in like manner as by this ^ax. Act is required of others to be given to them and shall pay the Taxes for the same accordingly in Default whereof the same shall and may be as sessed and Le-vied by the Treasurer in manner as aforesaid. And be it further Enacted that aU Deeds Deeds of conveyance and Conveyances whatsoever of any Lands Ten- made to •' •' avoid pay- ements Goods or Chattels by any person or per- oifred" *** sons whatsoever made with an Intent to avoid Snt*^"" being assessed or paying Tax for the same as aforesaid shall and are hereby declared to be fraudulent and Void to all Intents and purposes whatsoever. And be it further Enacted that the several Collectors or any or either of them who shall re- collectors fuse to do and perform the Several matters do'toeif *" hereby required of them respectively to be done quired^ly"' this Act to -Within the time prescribed by this Act shall for forfeit f 50. every Such Neglect or refusal forfeit the Sum of Fifty pounds to his Majesty for the support of this Government to be Sued for and recov ered by the Treasurer in the General Court of Pleas in this Province. And be it also Enacted that in Case any Col lector 174 Colonial Records Tax Act. That if Collectorsfor the pres ent or for mer Taxes, refuse to give an Ac count there of within the time limited. The treas urer shall by his Warrant commit such to Goal without Bail or mainprise. untill they have ren dered suffi cient satis faction. Constables to execute the Collec tors War rants. on refusal to forfeit flO. lector or Collectors of the present or any for mer Taxes shall refuse or neglect to give in upon Oath to the Treasurer a just and true ac count of all monies received by him or them or due to his Majesty on Account of the Tax herein imposed or on Account of any former Tax -within their Several and respective Districts by the time herein before Limited and also a List of all Non residents, whose Tax has not been paid, and of all Defaulters in the said Districts, that then it shall and may be Lawful for the Treasurer, and he is hereby enjoined by war rant directed to any Constable for the parish where the Collectors may respectively reside under his Hand and Seal, to Commit such Col lector or Collectors, to the Common Goal in Savannah there to remain untill he or they shall have rendered upon Oath to the Treasurer a fuU and Satisfactory Account of and shall have paid all such Sums so as aforesaid by him or them Collected due to his Majesty in this or their Sev eral and respective districts by Virtue of this or any former Tax Act, and have paid the rea sonable Charges for such Commitment And the Several Constables for the parishes or Dis tricts wherein such Collector or Collectors shall reside are hereby required to Execute suoh war rant or Commitment -without any Delay and every Such Constable refusing or neglecting to Execute such Warrant or Commitment shall for every offence forfeit and pay the Sum of Ten Pounds to be recovered by Warrant of distress from Statutes, Colonial and Revolutionary, 1768-1773. 175 Tax Act. from any Justice of the Peace in the Parish or district where the Offence shall be committed on a Certificate from the Treasurer of the manner of such refusal or neglect and which Certificate is hereby declared to be Sufficient proof and in Case no Goods or Chattels of such Offender be found whereon the said distress may be Le vied then it shall and may be Lawful for such Justice of the Peace to Commit such Offender to the Common Goal in Savannah, there to re main for the space of Three Months or untill the said Sum of Ten pounds shall be Satisfied Proviso Provided Nevertheless that if the said Collector That if the Collectors or Collectors shall prove upon Oath to the TrellureJ''® Treasurer that they have used every means di- have done rected by this Act for the recovery of the Tax endeavored •' •'to recover due by the said Defaulters and no Effects could Sfey ^ehaii be found whereupon to Levy the same then and "or th^e sums in that Case the said Collector or CoUectors re- fauiters. spectively shall not be liable for or chargeable with the payment of the Sums so due from the Defaulters as aforesaid .... And be it further Enacted that the Gover nour and Council shall give an Order to the Govlrno? & rr, n !,• 1 • 1 1 Tl -r Councll shall Treasurer tor the time being who shall Issue sive an order ° to the the monies raised and Granted as aforesaid in .p^ho^^^hlu the foUo-wing manner that is to Say, monlyl'^® Vizt. To the Provost Mar- 1 T o c( To the Pro- Shal tor Sum- vest Mar shall for moning Juries summoning: ° Juries &o publishing procla- 7"io".... mations 176 Colonial Records Tax Act. To him for mainte nance of Prisoners£30"....".... The Cryer of the Court5"....".... The Coro ner 10"...."... mations executing Writs of Elections & attending t'he Courts of Oyer and Terminer from the Twenty Ninth of Septem ber One thousand Seven hundred & Sixty Nine to the twenty Ninth of December follow ing the Sum of Seven Pounds Ten Shillings £7"10" 0 To the Provost Mar shal for the Main tenance of Prison ers from the 29th of September 1769 to the 29"' Sep tember 1770 a Sum not exceed ing thirty pounds 30". To the Cryer and Keeper of the Court for Decem ber Sessions 1769 a Salary Five Pounds 5". To the Corroners of this Statutes, Colonial and Revolutionary, 1768-1773. 177 Tax Act. this Province a Sum not exceed ing Ten Pounds__ 10"__' To the Clerk of the Upper House of Assembly his Sal ary to the 29'" of September 1770 Thirty Pounds __ 30"__' To Him as Clerk of the Council for transmitting Min utes and other In cidental Business a Sum not exceed- ing Seventy Pounds 70"__ To the Clerk of the Commons House of Assembly for his attendance transmitting of Minutes, Drawing of Bills, ingros- sing the same, and all other inci dental Business including his Sal ary and other Ex tra Business this Session from the 29"" of September The Clerk of the upper house 30"....".... To him for itransmlttlng minutes 70"...."..-. The Clerk of the Commons house 200"....".... 1769 178 Colonial Records Tax Act. Fire & Can dles for the Genl. As sembly Messenger of the Up per house 30"....".._ Messengerof the Commons house 26"....".... Apprehend ing Often- ders 20"....".._ Expresses 40"....".... 1769 to the 29*" September 1770 Two hundred pounds 200"__". For fire and Candles for the General Assembly a Sum not exceeding Five Pounds 5"__"_ T,o the Messenger and door Keeper of the upper House a Salary to the 29* Septem ber 1770 Thirty Pounds 30"—"- To the Messenger and door Keeper of the Commons House a Salary from the 29*" Sep tember 1769 to the 29"' September 1770 Twenty Five Pounds 25"__"_. For apprehending Offenders a Sum not exceeding Twenty Pounds __ For Expresses sent in Service of the Govern ment a 20"__"__ Sum Statutes, Colonial and Revolutionary, 1768-1773. 179 Tax Act. Sum not exceed ing Forty pounds 40" To the Publick Com missary a Salary from the 29'" of September 1769 to the 29'" March 1770 Ten Pounds 10"-_ For Governor Ellis's Annuity Fifty Pounds 50"_. A Bounty to the Several Licensed Pilots of this province as an In ducement to exert themselves in the discharge of their Duty to be Issued and paid on a Cer tificate of the re spective Commis sioners named in and by an Act for regulating the Pilotage of Ves sels in the Several Ports of this Province to be di vided and paid to the said pilots in proportion to the Publick Commissary 10"....".... Govr. El lis's annuity £50".-".- A Bounty to the Pilots 100"—".... Number 180 Colonlal Records Tax Act. Number of Vessels they shall respec tively bring i n from -without the Barr, Proof there of being made upon oath by the Master and Com mander of every such Vessel before the Commanding Officer at Fort George on the Island o f Cock spur or the Collec tor and Comptrol ler of the Country duties, for the port of Simbury (as the Case may be) which Oath the said Officer and Collector and Comptroller r e - spectively are hereby authorised and required t o administer t o the Several Mas ters or Command ers of Vessels ar- riving in this Province Statutes, Colonial and Revolutionary, 1768-1773. 181 Tax Act. Pro-^nce as afore said (Vessels im ployed in the Coasting trade only Excepted) a Sum not exceed ing One hundred pounds 100"—' To the Medway Pi lots a Salary Twenty Pounds— 20"—' For an Officer at Ten poimds per Month and five men at thirty Shillings per Month each to Garrison Fort George on the Island of Cock spur Two hundred and Ten pounds— 210 "__ To Benjamin Frank lin Esquire agent for this Pro-vince his Salary one hundred pounds— 100 "_. To the Church War dens of the Parish of Christ Church for keeping in re pair and working The Med way Pilots £20"...."— To Garrison Fort George 210"—"— To Benjn. Franklin Esqr. , agent 100"....".... The Church Wardens of Ch. Church 10"....".... the 182 Colonial Records Tax Act. The new Settlers at Queens borough £200"....".... To John Rae for Flax seed to be purchased by him 10"-."-. To the Speaker to purchase a Mase &c. l.'iO"...."— . the Fire Engine a Sum not , exceed ing Ten pounds 10"_. To John Rae and Samuel Elbert Esquires for en abling the People lately arrived from Ireland in the Ship HopeweU Thomas Ashe- Master to go to their intended Settlement in the Township of Queensbo rough two hundred pounds — 200"— To John Rae Es quire for pur chasing Flax Seed to be distributed by him to the Set tlers in this Pro- -vince Ten poimds 10"__' To the Honourable Noble Wimberly Jones Esquire Speaker for the purchase of a Mace for the use of the Commons House Statutes, Colonial and Revolutionary, 1768-1773. 183 Tax Act. House of Assem- bly, and Two Gowns one for the Speaker and the other for the clerk a Sum not exceed ing one hundred and Fifty Pounds 150"_. To his ExceUency the Governour for the payment of a Scout to be raised for the protection of the Settlement 0 f Wrightsbor ough and parts adjacent from the Insults of Strag- l i n g Indians a Sum not exceed- On e hun dred pounds 100". To the Church Wardens of the Parish of Christ Church for sup porting the Tran sient poor which have unavoidably come to Savannah One hundred pounds 100". To His Ex cellency for a Scout in the Wrights borough Settlement100"..-"..- The Church wardens of Christ Church for the Tran sient poor 100"..-"-- To 184 Colonlal, Records Tax Act. To Daniel Nunes £10"—".- For Boun ties on Hemp &c. 20"...."-. JeremiahSlitermans Estate10"—"-. for inclosing the Assem bly house Lot 125"—"..- To Daniel Nunes, Searcher over and above the Sum provided for him by an Act for lay ing a Duty on Goods imported from the North- w a r d Colonies Ten pounds 10"— "_. For Bounties agree able to Act of As sembly on Hemp Flax and Wheat Flour a Sum not exceeding Twenty Pounds 20"— "_. To the Estate of Jeremiah Sliter man deceased for work done by him as Armourer from the 12'" December 1768 a Sum not exceeding Ten pounds 10"—"— To the Honourable Noble Wimberly Jones Esquire, John Smith and William Young Esq'"^ for inclo sing Statutes, Colonial and Revolutionary, 1768-1773. 185 Tax Aet. sing the Lot on -which the Assem bly House Stands an additional Sum (to enable them to compleat the same) a Sum not exceeding One hundred and twen ty five pounds 125" "__ To Josiah Tatnell Esquire for hire of a Boat and Hands and other Expences attend ing a Detachment of the Militia on a Scout after fugi tive Slaves, Five pounds Nine Shil lings and five pence 5" 9" 5 To Robert BaiUie Esquire for hold ing an Inquest on the Body of Jame Mcintosh in the Parish of St. An drew One Pound Ten Shillings 1"10"- To the Honourable Noble Wimberly To Josiah Tatnell B"9"6 To Robert Baillie 1"10"-. for medi cines to Prisoners 3"13"6 Jones 186 Colonial Records Tax Aet. To Abigail Minis22"14"11 Thomas Flyming 1"— "-- the regr. Grants2"18"8 of Thos. Lee for Extra Services 25".-.".-. Jones Esquire for Medicines S u p - plied and provi ded for prisoners in Goal three pounds thirteen shillings and Six pence 3"13" 6 T 0 Abigail Minis her Account Twenty Two pounds fourteen Shillings and Eleven pence 22 "14 "11 To Thomas Flyming for causing Cor poral punishment to be inflicted upon Negroes One Pound 1"__"__ To the Register of Grants his Ac- count Two Pounds Eighteen Shillings and Eight pence 2"18" 8 T 0 Thomas Lee Messenger and Door keeper of the Commons House of Assem bly for Extra Ser vices Statutes, Colonial and Revolutionary, 1768-1773. 187 Tax Act. vices Twenty five pounds 25"—"— To Henry Yonge Esquire Surveyor General his Ac- c oun t Four pounds twelve Shillings 4"12"— To Lee and Wed daU their account for Work done on the Assembly Room One Pound Sixteen Shillings and a half penny 1"16" O1/2 To Philip Box Es quire his Account One Pound three Shillings and three pence 1" 3" 3 To John Rae Es quire Ballance his Account of Sun- dries supplied the Settlers of Queensborough as per the Commis sioners Accounts Twenty Eight pounds Nineteen Shillings and Six pence three far things 28"19" 6% Henry Yonge Esqr. 4"12"..- Lee & Wed- dal1"16"0 1-2 To Philip Box 1"3"3 To John Eae for Queens borough28"19"6 3-4 To 188 Colonial Records Tax Aet. To John Fieri 14"9"..- To the Clerk of the Council his Acct.Wrights borough 28"6"— The same for Queens borough 10"11"3 To John Herd for a Mare 10".-"— To John Fieri Es- quire for the Waggoners at Eb enezer an addi tional allowance for carrying the Settlers to Queen sborough Fourteen Pounds Nine Shillings— 14" 9"__ To the Clerk of the Council his Account for the Settlement of W r i ghtsborough Twenty Eight pounds five Shil lings 28" 5"— To the Clerk of the Council his Account for the Settlement o f Queen sborough Ten Pounds Eleven shUlings and three pence 10 "11" 3 To John Herd for a Mare of his which he found in possession of an Indian on his producing a Cer tificate Statutes, Colonial and Revolutionary, 1768-1773. 189 Tax Act. tificate that he did by the ad-vice of M''. Galphin and others give up the said Mare rather than occasion a dispute which seemed likely to arise and feared might have been attended -with HI consequences the Sum of Tjen Pounds 10"—"— To Edward Bar nard Esquire his Account as Cor oner and Justice of the Peace Five pounds ten ShU- hngs 5"10"— To the Reverend M^ Ellington as Minister for the Parish of Saint Paul for Two years Salary Thirty Pounds __ 30"—"— To John Lyons his Account Fifteen Shillings and To Edwd. Barnard £B"10"..- To Mr. El lington SO"— "— John Lyons ..."16"T H Seven 190 Colonial Records Tax Act. Senr. Assist ant Justice two Sessions 15"15"3 To Thos. Shruder Esqr. £102"5"5" To John Simpson 9"3".- To John Spencer 3"12"-. Seven pence half penny 00"15" 7y2 To the Honourable Noble Jones Es quire his Account as Senior Justice for December Sessions 1768 & June Sessions 1769 Fifteen pounds fifteen shillings and three pence__ 15 "15" 3 To Thomas Shruder Esquire Deputy Surveyor General his account one Hundred and Two pounds five Shil lings 102" 5"__ To John Simpson Esquire Clerk of the Commons House Ballance his last years Ac- count Nine pounds three Shillings 9" 3"— To John Spencer his Account Three pounds twelve Shillings— 3"12"__ To Statutes, Colonial and Revolutionary, 1768-1773. 191 Tax Act. Tp John Harvey his Account One pound Ten ShU lings 1"10"— To Thomas Moodie Esquire, Deputy Secretary for the Governors and his Fees for the Set- tlement of W r i ghtsborough E ighty five pounds Sixteen Shillings and five pence half penny and for the same fees for the Set- tlement of Queen sborough Twenty Nine pounds ten Shil lings and Eleven pence 115" 7" 4y2 To WiUiam Graeme Esquire as Attor ney General his Account Seventy four poimds four Shillings and four pence- 74" 4" 4 To Preston and Pryce Clerks of the Cro-wn their To John Harvey 1"10"-. To Thos. Moodie for the Gover nor & Self 115"7"4 ]-? Willm. Greme 74"4"4 Preston & Pryce20"--"ll Account 192 Colonial Records Tax Act. The Coroner 7"17"9 To his Ex celly for the Guard11"18"J1 To James Johnson 25"18"« Thomas Lee«"4".- Account the Sum of Twenty Pounds and Eleven pence 20"— "11 To James Whitefield Esquire Coroner Ballance of his Account Seven Pounds Seventeen Shillings and Nine pence 7"17" 9 To his Excellency the Governor for Sundry Expences paid by him for the Guard in Sa vannah Eleven pounds Eighteen Shillings and Eleven pence 11 "18 "11 To James Johnston Printer his Ac count for printing Laws &o: Twenty five pounds Eigh teen Shillings and Six pence 25"18" 6 To Thomas Lee Messenger his ac count for Serving Two warrants by Order of the House Six pounds four Shillings __ 6" 4"— To Statutes, Colonial and Revolutionary, 1768-1773. 193 Tax Act. To the Commission ers of the Court House the Bal lance of Expence paid by them for Building the same as per their Ac- count Sixty pounds Sixteen ShUhngs and Eight pence 60"16" 8 To the Honourable James Edward Powell Esquire his account Three pounds five Shil lings 3" 5"— To William Barnard his Accbunt for Surveys &c : of W r i ghtsborough Sixty Eight pounds Eleven Shillings and Nine pence to be paid when attested __ _ 68"11" 9 To James McFar land his Account for Surveys of W r i ghtsborough Eighteen Pounds One ShilUng and four pence 18" 1" 4 To the Com missioners of the Court house 60"16"8 Jas. Ed. Powell Esqr 3"5"— William Barnard 68"11"9 James Mc. farland 18"1"4 To 194 Colonial Records Tax Act. Samuel Sa very 1"6"9 repairing the Gover nor's house 80"—"— Charles Hudson 15"—".- George Mc- Imtoah 10"..-"..- To Samuel Savery for Surveying Lands for Saint Jago one pound Six Shillings and Nine pence 1" 6" 9 To WiUiam Ewen John Rae and William Le Conte Esquires for re pairing the House wherein the Gov ernor now lives a Sum nor exceed- ing Eighty Pounds 80"— "__ To Charles Hudson his Account over and above an Ac count given in by William Harding to the Commis sioners for the Settlement of Queen sborough Fifteen pounds __ 15"—"— To George Mcin tosh Esquire his Account for Sur veying . Butter Milk Bluff Ten pounds Statutes, Colonial and Revolutionary, 1768-1773. 195 Tax Aet. pounds and three pence 10"—" 3 TJo the Provost Mar shall Ballance of his Account Twenty Seven pounds Sixteen Shillings and Eight pence 27 "16." 8 To Frederick Fahm his Account Five pounds Eleven Shillings and Two pence 5"11" 2 To Peter Tondee his Account Three pounds fourteen Shillmgs 3"14"- To John Rae Es quire upon his gi-ving good and Sufficient Tities to the Comission- ers of the To-wn and Common of Savannah i n Trust of the Lot holders of the same as Common Two Lots Situate on the Strand of Savannah c o n - The Provost Marshall 27"16"8 Frederick Fam5"11"2 Peter Ton dee3"14"— To John Rae for two Lots for the use of the Publick 480"—"— taining 196 Colonial Records Tax Act. taining — feet in front — feet in depth of which Lots one is ad joining the House in possession of M". Elizabeth Simpson, Relict of the Hon. William Simpson Esquire deceased the other adjoining the Common near the House in posses sion of Thomas Netherclift and Commonly used as a Street Four hundred and Eighty pounds __ 480"_. To the Publick Treasurer Bal lance due on Sun dry Accounts for apprehending of fenders over and above the Sum allowed by last Tax Act Thirty Two pounds fif teen Shillings and Nine pence 32"15' To To the Pub lick Treas urer 3«"15"9 ;»' To James Johnston 20"—"— Statutes, Colonial and Revolutionary, 1768-1773. 197 Tax Act. To James Johnston for printing the Minutes of the Oommons House of Assembly a Sum not exceed ing Twenty Pounds 20"—"— To Robert Bolton his Account Sev To Robert Bolton en pounds Eleven Shillings and three pence 7"11" 3 £3124"17"10i4 Collectors Commis sions on the above Sum at £2% per Cent £78" 4" Collrs. Com missions 7 8" 4" 5 5 Treasurers C o m - missions on Neat Tax to be paid to him at £5 per Cent Treasurersdo.i52"6"» 152" 6" 9 230"11" 2 £3355" 9" 014 Whereas it -will be attended with Manifest det riment and Inconveniences to the several per- ^"»<=t8^ sons 198 Colonial Records Tax Act. sons mentioned in this Act whose demands against the Publick are now become due and o-wing to wait any Considerable Length of time or untill the Tax imposed by this Act shall be Collected for remedy whereof Be it further En acted that the Publick Treasurer for the time ^^i^S is hereby empowered and required imme- do*i*sue^cer- diately from and after the passing of this Act .«i**^*payment to Issuc Certificates for the payment of the herein con- Several Sums herein Contained which Certifi- talned. be'agafn*^- ^atcs shall be received by the said Treasurer in" di^ch*8E?ge from any of the Collectors or other persons in lick Tax. discharge of the Publick Tax or brought to be And the ^ sunk^in'^^ne exchanged by him and the whole Sum Sunk &®*peHauier witMu OUO year after the passing of this Act shall be to' after which time the Publick shall not be liable his Majes ty- to provide for the same. And be it further Enacted that the fines and penalties by this Act inflicted not herein before disposed of shall be to his Majesty and applied in Aid of the General Tax By order of the Commons House of Assembly N. W. Jones Speaker. By order of the Upper House of Assembly James Habersham President. Council Chamber 10'" May 1770. Assented to James Wright. State Statutes, Colonial and Revolutionary, 1768-1773. 199 Agent in Gnreat Britain. (State Archives.) AN ORDINANCE. For reappointing Benjamin Franklin Esquire Agent to Sollicit the Affairs of this Province in Great Britain to Commence the first day of June next and to Continue for one Year. WHEREAS the Ordinance Appointing Ben jamin Franklin Esquire Agent for this Province in Great Britain will Expire on the first day of June next Be it therefore Ordained AND IT IS HEREBY ORDAINED by his Excellency James Wright Esquire Captain General and Governor in Chief of his Majestys Province of Georgia by and -with the Advice and Consent of the Honourable Council and Oommons House of Assembly of the said province in General As sembly met and by the Authority of the same That the said Benjamin Franklin be and he is hereby declared nominated and Reappointed Agent to Represent 'Sollicit and Transact the affairs of this Province in Great Britain. AND BE IT FURTHER ORDAINED That the said Benjamin Franklin shall be and he is hereby fully Authorized and impowered to fol low & pursue all such Instmctions as he shall from time to time Receive from the General As sembly of this Province or from the Committee herein after appointed to Correspond with him. And 200 ' Colonial Records Agent iu iGnreat Britain. AND BE IT FURTHER ORDAINED That the Honourable James Habersham, Noble Jones, James Edward Powell, John Graham and James Read Esquires, the Honourable Noble Wimberly Jones Esquire John Mullryne, John Milledge, Archibald Bulloch, William Ewen, Charles Odingsells, Phillip Box, William Young and Richard Cunningham Crooke Esquires untill others shall be appointed or any seven of them two of which to be of the Council shall be and they are hereby nominated & appointed a Com mittee to Correspond with the said Benjamin Franklin and give him such Orders and instruc tions from time to time as they shall judge for the Service of this pro-vince. And the said Agent is hereby directed and Required in all his pro-vincial Correspondence to Address his Let ters to the person first named in this Ordinance and the other members of the said Committee, who shall as soon as may be order the Clerk or other person appointed to summon the members of the said Committee to meet and take under Consideration the matters contained in such Let ters And in Case of the absence from Savannah of the person first in Nomination then any other member of the Committee who shall be present shall cause the said Committee to be Summoned and proceed to Business as before directed, but no Letter to be opened or the Seal broken upon pretense whatsoever before such num!ber of the Committee as aforesaid are met Provided nev ertheless that if after being Summoned as afore said Statutes, Colonial and Revolutionary, 1768-1773. 201 Agent in Great Britain. said any of the persons so summoned shall Re fuse or Neglect to Attend then any Seven of the Committee before named are hereby impowered to proceed to Business as aforesaid. AND BE IT FURTHER ORDAINED that there shall be allowed and paid unto the said Benjamin Franklin for his Agency the Sum of One Hundred pounds Sterling money of Great Britain over and above his Reasonable Charges and Disbursements on his Application to the Several Offices & Boards in Negociattng the Af fairs of this Province. AND BE IT FURTHER ORDAINED that the said Benjamin Franklin shall be and con tinue Agent for this Province for one whole Year to Commence the first day of June next in the Year of our Lord One thousand Seven hun dred and Seventy. By order of the Commons House of Assembly N. W. Jones, Speaker. By Order of the upper House of Assembly James Habersham President Council Chamber 10'" May 1770 Assented to Ja : Wright. State 202 Colonial Records Preamble. Regulating Town of Savannah. (State Archives.) AN ACT For further Amending am Act, Intitled "An Act for the better Regulating the Town of Savan nah, and for ascertaining the Common there unto belonging." WHEREAS in and by an Act of Assembly passed the Ninth day of June, in the Year of our Lord One Thousand Seven Hundred and Sixty- one, Intitled "An Act for amending an Act for the better Regulating the Town of Savannah, and for ascertaining the Common thereunto be longing, ' ' It was Enacted That the Plan to that Act annexed should be thenceforth taken for and deemed to be the true Plan of the said To-wn, and that the several References made therein to the Plan in the Surveyor General's Office should from thenceforth be taken and deemed to be made to the Plan thereunto annexed, any thing in the said Act contained to the Contrary not withstanding: AND WHEREAS in the Plan to the said Act annexed the Several Wharf Lots under the Bank or Bluff of the said To'wn and Common of Savannah and the Lines or Lim its of the said Common were not laid down or Ascertained, for want of which many disputes Controversies and Suits of Law may arise : AND WHEREAS mistakes were made in the figures Respecting the width of several of the Streets and Lanes in the said To-wn: We there fore Statutes, Colonial and Revolutionary, 1768-1773. 203 Regulating Town of Savannah. fore pray your most Sacred Majesty that it may be enacted, AND BE IT ENACTED by his Excellency James Wright Esquire Captain General and Governor in Chief in and over this his Majestys Province of Georgia by and with the Ad-vice and Consent of the Honourable Council and Commons House of Assembly of the said Province in General Assembly met and by the Authority of the same. That the Plan an nexed to this Act shall from henceforth be held, taken for and Deemed the true Plan of the said t^^e deem- T,own and Common of Savannah, Including the Sne*of toe^ Town. Several Wharf Lots under the Bank or Bluff of the said Town and Common, and that the Sev eral References made in the said Recited Acts to the Plan in the Surveyor General's Office shall be henceforth taken and Deemed to be made, and shall be made and had to the said Plan hereunto annexed, any thing in the said Acts to the Contrary not-withstanding. 2. AND BE IT FURTHER ENACTED That all and every owner Possessor of any Wharf Lot under the Bank or Bluff of the said Town and Common or any Person or Persons whatsoever who have or shall Erect any Build ing Fence or Wharf under the said Bank or Bluff so as to inclose or take in any part of the Land or Space at the End of the Several Streets or otherwise Reserved and laid down in the Plan hereunto annexed as and for Publick Use or landings under the same shall be proceeded against in like manner as is directed in Case of Persons 204 Colonial Records Inspectors of Tobacco. Persons inclosing or taking in any part of the Highway, Streets, Squares, Lanes, or Alleys, belonging to or -within the said Town of Savan nah, in and by the first Clause of the said Act for the better Regulating the To-wn of Savan nah, and for ascertaining the Commons there unto belonging. By Order of the Commons House of Assem- bly, N W JONES Speaker By Order of the Upper House of Assembly JAMES HABERSHAM President Council Chamber 10'" May 1770 Assented to JAMES WRIGHT (State Archives.) AN ACT For Appointing Inspectors of Tobacco and to prevent the Exportation of bad and Unmer chantable Tobacco. WHEREAS the encouragement of the Cul ture Statutes, Colonial and Revolutionary, 1768-1773. 205 Inspectors of Tobacco. ture of Tobacco in this Province will be attended -with great Advantages to the back Settlements of this Pro-vince where the Lands are particu larly adapted to the same, AND WHEREAS in Order to prevent any bad or unmerchantable Tobacco being offered for Sale or exported from this Province it wUl be proper that untill fur ther and other necessary Regulations be made for that purpose Inspectors should be appointed to View and examine the same We therefore pray your most Sacred Majesty that it may be enacted AND BE IT ENACTED by his Excel lency James Wright Esquire Captain General and Governor in Chief of his Majestys Pro-vince of Georgia by and with the Advice and Consent of the Honourable Council and Commons House of Assembly of the said Pro-vince in General Assembly met and by the Authority of the same That all Tobacco which shall be Exported from this Pro-vince after the first day of June next ensuing shall be first Inspected by the Inspec tors herein after named. AND BE IT ENACTED That all Tobacco which shall be brought for Sale and Exporta- tin shall be -viewed by any of the Inspectors herein named that is to Say Andrew Elton Wells and James Simpson who are hereby ap pointed Inspectors of Tobacco for the Town and Port of Savannah, or by James Kitchen and Samuel Millar who are hereby appointed In spectors of Tobacco for the To-wn and Port of Sunbury 206 Colonial Records Inspectors of Tobacco. Sunbury, or by Sherwood Bugg and Edmund Bugg who are hereby appointed Inspectors of Tobacco for the Town of Augusta, which said Inspectors shall open and break every Hogs head Cask or Case of Tobacco so brought to them or any of them to be inspected & shall dUi- gently View and Examine the same and if they or any two of them shall agree that the same is good sound well conditioned. Merchantable and free from Trash Sand and Dirt and if in Leaf tied up with a leaf of Equal goodness. Then such Tobacco shall be weighed in Scales -with weights of the Lawful Standard, and the said Inspectors or one of them shall Stamp every such Hogshead Cask or Case wherein is con tained such T^obacco examined and found as aforesaid -with the word Georgia, and the name of the Inspector or Inspectors who has or have Inspected the same, and also mark the Tare of such Hogshead Cask or Case thereon, together with the Quantity of Tobacco therein Contained. AND BE IT ENACTED that the said In spectors shall Receive and be paid Six pence for every hundred pounds weight of Tobacco by them so Viewed and Inspected, weighed & Marked to be paid by the Publick Treasurer out of suoh monies as shall by the General As sembly be for that purpose provided, and the Cooperage thereof shall be paid by the 0-wner or Owners of such Tobacco. AND BE IT ENACTED That the Inspec tors Statutes, Colonial and Revolutionary, 1768-1773. 207 Inspectors of Tobacco. tors by this Act appointed shall before they en ter upon the duty of their Office take the foUow ing Oath before any Justice of the Peace to -wit "I A B, do Solemnly Swear that I will "Carefully View and Examine all Tobacco "brought to me to be inspected for Sale and "Exportation and to the best of my Skill & "Judgment View and Examine the same and "faithfully Discharge the Duty of an Inspector "without favour Affection or Partiality So "help me God" AND BE IT FURTHER ENACTED That if any Inspector shall Stamp any Hogshead Cask or Case which shall be found to Contain any bad or unsound Tobacco or Trash or not well packed such Inspector shall forfeit and pay for every hundred pounds weight of Tobacco so Stamped the sum of Five Shillings. AND BE IT FURTHER ENACTED that no person or persons whatsoever shall export or Carry off, from this pro-vince any Tobacco packed in any Hogshead Cask Case or other package unless such Tobacco shall have been Examined and Stamped by the said Inspectors or any one of them under the Penalty of Fif teen Shillings for every hundred pounds weight of Tobacco so Exported. AND BE IT ENACTED that in Case of Re fusal to Act Death or Departure from the prov ince 208 Colonial Records Inspectors of Tobacco. ince of any of the said Inspectors it shall and may be Lawful to & for the Governor or Com mander in Chief for the time being by and -with the Advice and consent of the Honourable Council to appoint another person in the Room of such Inspector so Refusing to Act dying or departing the Pro-vince. AND BE IT ENACTED that all fines and forfeitures incurred by Virtue of this Act if un der the sum of Eight pounds shall be Recovered as directed in and by an Act "Intituled An Act for the more easy and Speedy Recovery of Small Debts and Damages ' ' and all Sums above Eight pounds to be Recovered by Bill plaint or Information in the General Court of Pleas in this Pro-vince. AND BE IT FURTHER ENACTED that this Act shall Continue and be in force for and during the Term of One Year, and from thence to the end 'of the next Session of the General Assembly and no longer. By order of the Commons House of Assembly N W JONES Speaker By Order of the upper House of Assembly. JAMES HABERSHAM President Council Chamber 10'" May 1770. Assented to JA: WRIGHT. State Statutes, Colonial and Revolutionary, 1768-1773. 209 Ordering and Governing Slaves. (State Archives.) An act for ordering and governing slaves within this province, and for establishing a jurisdic tion for the trial of offences committed by such slaves, and other persons therein men tioned, and to prevent the imveighling, amd carrying away slaves from their masters, owners, or envployers. 1. WHEREAS, from the increasing number of slaves in this province it is necessary as well to make proper regulations for the future order- Preamble. ' ing and governing such slaves, and to ascertain and prescribe the punishment of crimes by them committed, as to settle and limit by positive laws, the extent of the power of the owners of such slaves over them so that they may be kept in due subjection and obedience, and owners or persons having the care and management of such slaves may be restrained from exercising unnecessary rigor or wanton cruelty over them, Thereeore be it enacted, That all negroes, In dians, mulattoes, or mestizoes, who now are, or hereafter shall be in this pro-vince, (free Indians in amity with this government, and negroes, mu lattoes, or mustizoes, who now are or hereafter shall become free excepted) and all their issue and off-spring bom, or to be born, shall be, and they are hereby declared to be and remain for ever hereafter absolute slaves, and shall follow the condition of the mother, and shall be taken and deemed in law to be chattels personal in tiie 210 Colonial Records Ordering and Governing Slaves. the hands of their respective owners and pos sessors, and their executors, administrators and assigns to aU intents and purposes Proviso. whatsoever: Pro-vided always, That if any person or persons whatsoever, on behalf of any negro, Indian, mulatto, or musti zoe, do apply to the chief justice, or justices of his majesty's general court by peti tion either during the sitting of the said court, or before the chief justice, or any of the justices of the same court, at any time in the vacation, the said chief justice, or any of the said justices, shall be, and he and they is, and are hereby em powered to admit any such person, so applying ing for their to bc guardian for any negro, Indian, mulatto, dSifs ^pi^' '^^ mustizoe, claiming his or her freedom, and them.^* *°'" such guardian shall be enabled, entitled and ca pable in law, to bring an action of tresspass, in the nature of ra-vishment of ward, against any person or persons who shall claim property in, or shall be in possession of any such negro, In dian, mulatto, or mustizoe; and the defendant or defendants, shall and may plead the general issue on such action brought, and the special matter may and shall be given in evidence, and upon general or special verdict found, judgment shall be given according to the very right of the cause, without having any regard to any defect in the proceedings, either in form or in sub stance, and if judgment shall be given for the plaintiff, a special entry shall be made, declar ing that the ward of the plaintiff if free, and the jury Statutes, Colonial and Revolutionary, 1768-1773. 211 Ordering and Governing Slaves. jury shall assess damages which the plaintiff's ward hath sustained, and the court shall give judgment and award execution against the de fendant, for suoh damages, with full costs of suit, but in case judgment shall be given for the defendant, the said court is hereby fully em powered to inflict such corporeal punishment, not extending to life or limb, on the ward of the proviso plaintiff as they in their discretion shall think fit: Pro-vided always, That in any action or suit, to be brought in pursuance of the direction of this act, the burthen of the proof shall lie on the plaintiff, and it shall always be presumed that every negro, Indian, mulatto, or mustizoe, (except as before excepted) is a slave, unless the contrary can be made appear. 2. And be it further enacted, That in every .. 'iiii 7J1 1 In actions action or suit to be brought by any such guar- brought by . . guardian, dian as aforesaid, appointed pursuant to the defendant f A:^r jr must pro- direction of this act, the defendant shall enter ^^rd *?/ . , . . , , ai • A the plaln- mto a recognizance, -with one or more sumcient tite. sureties, to the plaintiff, in such sum as the said general court shall direct, -with the condi tion that he shall produce the ward of the plain tiff at all times when required by the court, un less such defendant shall prove upon oath to the satisfaction of the said court, his inability to produce such ward, and that whilst such action or suit shall be depending and undetermined, the ward of the plaintiff shall not be abused or misused. And 212 Colonial Records Ordering and Governing Slaves. 3. And for the better keeping slaves in due No persons to permit to^go^ut^of order and subjection. Be it further enacted, the limits , , n • herem men-^ That DO pcrsou whatsocver shall permit or suf- out a ticket. fer any slave under his or their care or manage^ ment, and who lives or is employed in any to-wn in this province, to go out of the hmits of the said to-wn or towns, or any such slave who fives in the country, to go out of the plantation to which such slave belongs, or in which planta tion suoh slave is usually employed, -without a ticket signed and subscribed by the master or other person ha-ving the care or charge of such slave, or by some other person by his or their order, direction and consent; and every slave which shall be found out of any town in this pro-vince, if such slave lives or is usually em ployed there, or out of the plantation to which such slave belongs, or in which such slave is usually employed, if such slave lives in the country, -without a ticket as aforesaid, or -with out a white person in his or her company, shaU be punished -with whipping on the bare back, not exceeding twenty lashes. 4. And be it further enacted. That if any perS)ns giv- pcrsou OT pcrsous shall presume to give a ticket ins* ^icksts to slaves OT Uccnse to any slave who is the property or without con- •' r f J lwne?l ^^^^^ under the care or charge of another, without the consent of the o-wner or other person ha-ving the charge of such slave, he, she or they, shall for feit to the o-wner a sum not exceeding five poimds, over and above the damage that may accrue Statutes, Colonial and Revolutionary, 1768-1773. 213 Ordering and Governing Slaves. accrue to such o-wner by the absence of such slave. 5. And be it further enacted. That if any slave, who shall be out of the house or plantation ing out of the place where such slave doth live, or is usually em- ^v|''and'^?e- ployed, or -without some white person in com- exlmi^ned?^ pany -with such slave, shall refuse to submit to treated. Proviso. the examination of any white person, it shall be lawful for any such white person to pursue, ap prehend and moderately correct such slave, and if such slave shall assault and strike such white person, such slave may be lawfully killed. Provided always, That proof be made of such assault, or striking as aforesaid, to the satisfac tion of any two justices of the peace, and seven freeholders, to be summ'oned for that purpose; and if such proof cannot be made to the satis faction of the said justices and freeholders, then and in suoh case, the person or persons killing such slave shall forfeit and pay to the o-wner the value of such slave so killed, to be ascertained on oath by the said justices and free-holders, and to be recovered, if exceeding the sum of eight* pounds, in the general court of pleas in this pro-vince ; and if not exceeding the sum of eight pounds, to be recovered by the said justi ces by warrant of distress and sale of the offen der 's goods; and in case no goods can be found whereupon to le-vy such distress, then the offen der or offenders shall be committed by the said *Justices Jurisdiction confined to thirty dollars. justices 214 Colonial Records Ordering and Governing Slaves. justices to the common jail, there to remain un til the said value shall be paid, or for any time not exceeding six months. 6. And be it further enacted, That if any perlons® ^ °° slavc who shall be employed in the lawful bus- sSves^in the incss OT scrvice of his master, owner, overseer, ^ their or other person having the charge of such slave, shall be beaten, bruised, maimed or disabled, by any person or persons not having sufficient cause for so doing (of which cause any justice of peace respectively may judge) every person and persons so offending, shall for every such offence forfeit and pay the sum of five shillings sterling, over and besides the damages herein after mentioned, to the use of the poor of the parish in which such offence shall be committed; and if such slave or slaves shaU be maimed or disabled by such beating from performing his or her work, such person or persons so offending shall also forfeit to the o-wner of such slave, his or her lawful attorney, a sum not exceeding two ShiUings for every day of his lost time, and also the charge of the cure of such slave, and satisfac tion shall also be ma|de to the o-wner for the dam age done to such slave; and the damage to be as certained by two freeholders of the neighbor hood, one to be named by the owner, or his or her attorney, and the other by the offender ; and in case the said offender will not name one free holder on his part, then such freeholder to be named by any justice to whom the party ag grieved Statutes, Colonial and Revolutionary, 1768-1773. 215 Ordering and Governing Slaves. grieved shall apply; and the said penalty and damages shall, upon lawful proof thereof made, be recoverable before any of his majesty's jus tices of the peace ; and such justice before whom the same shall be recovered, shall have power to commit the offender or offenders to jail, if he, she or they, shall produce no goods on which the said penalty and damages may be levied, there to remain until such penalty and damages shall be paid, any law, statute, usage or custom to the contrary notwithstanding. 7. And whereas, the frequent meeting and H66'fcillB'S of assembling of slaves under the pretence of slaves, how " ^ to be dls- feasting may be attended with dangerous oon- versed. sequences ; Be it further enacted, That it shall and may be la-wful for every justice assigned to keep the peace in this pro-vince -within his respective parish, upon his own knowledge or information received, either to go in person, or by warrant or warrants directed to any consta ble or other person, to command their assist ance any number of persons as they shall see convenient, to disperse any assembly or meet ing of slaves, which may disturb the peace or endanger the safety of his majesty's subjects; any every slave which shall be found and taken at any such meeting as aforesaid, shall and may by order of such justice, immediately be cor rected without trial by receiving on the bare back not more than twenty-five stripes, with a whip, switch or cowskin ; and such justice, con stable 216 Colonial Records Ordering and Governing Slaves. stable or person aforesaid, are hereby author ized and empowered to search all suspected places for arms, ammunition or stolen goods, and to apprehend and secure all such slaves as they shall suspect to be guilty of any crimes or offences whatsoever, and to bring them to speedy trial according to the direction hereafter given by this act : And in case any constable or other person shall refuse to obey or execute any of the warrants or precepts of such justices or any of them -within their several parishes, or shall refuse to assist the said justice or consta ble, or any of them when commanded and re quired, such person and persons shaU forfeit and pay for every such offence a sum not ex ceeding five pounds sterling to be recovered by a warrant under the hand and seal of any other justice of the peace. 8. And be it further enacted. That upon any complaint 'being made to, or infomiation ^a#es°com- roceivcd, by any justice of the peace, of any fences^ ° ' such offeuce bciug committed by any slave or slaves "within the parish where such justice is empowered to act, such justice shall commit such slave or slaves to the workhouse, if any, or to the safe custody of any constable of the said parish, and shall without delay, by warrant under his hand and seal, give notice of such commitment to any two or more of the nearest justice or justices of the peace in the said parish, to associate -with him, and by the same warrant shall Statutes, Colonial and Revolutionary, 1768-1773. 217 Ordering and Governing Slaves. shall summons a jury of not less than seven of the neighboring freeholders, to meet together with the said justices at a certain time and place to be by them appointed, not exceeding three days after the apprehending and commit ting of such slave or slaves as aforesaid, (unless it shall appear necessary for the said justices, either for want of sufficient and positive proof or any other sufficient reason to delay the same,) and the justices and jury so assembled shall cause the slave or slaves accused or charged as aforesaid, to be brought before them, and shall hear the accusation brought against such slave or slaves, and his or her defence, and proceed to the examination of witnesses and other evi dence, and finally hear and determine the mat ter brought before them as aforesaid, in the most summary and expeditious manner ; and in case the offender shall 'be convicted of any crime not capital, the said justices or any two of them, shall give judgment for the inflicting any corporal punishment, not extending to the taking away life 'or member, as they in their dis cretion shall think fit, and shall award and cause execution to be done accordingly; and in case such offender shall be convicted of any crime for which by law he or she ought to suffer death, the said justices or any two of them shall give judgment and award execution of their sen tence, by directing such manner of death, and at such time, as the said justices with a major ity of the jury shall think most convenient, and which 218 Colonial Records Ordering and Governing Slaves. which they shall judge most effectual to deter others from offending in like maimer. Pro vided NEVERTHELESS, That in case the o-wner, trustee or other person shall give sufficient se curity to the said justices for the forthcoming of such negro or negroes, and of all expences that may attend such delay, then the said exe cution of such sentence shall not be carried into effect, but be suspended until the said justices or any two of them, shall under their hands, lay a full state and report of the case, e-vidence, ver dict and judgment thereupon, before the gov ernor or commander in chief for the time being, and his pleasure be known thereon. 9. And be it further enacted. That as soon as the justices and jury shall be assembled as Oath to be ju^°on''the® aforcsaid, in pursuance of the direction of this slaves" act, the said jury shall take the foil o-wing oath ; "I ^1. B. do solemnly swear, in the presence of Almighty God, that I -will truly and impartially try the prisoner or prisoners brought upon his, her or their trial, and a true verdict give accord ing to e-^ddence to the best of my knowledge. So help me God." 10. And for preventing the concealment of crimes and offences committed by slaves, and for the more effectual discovery and bringing slaves to condign punishment. Be it further enacted. Evidence to That the evideuce of any free Indians, mulattoes gainst mustizoes, or negroes or slaves, shall be al lowed Statutes, Colonial and Revolutionary, 1768-1773. 219 Ordering and Governing Slaves. lowed and admitted in all causes whatsoever, for or against another slave, accused of any crime or offence whatsoever; the weight of which e-vidence, being seriously considered and compared, with all other circumstances attend ing the case, shall be left to the justices and jury. 11. And whereas, slaves may be harbored and encouraged to commit offences, and con cealed and received by free negroes, and such free negroes may escape the punishment due to their crimes for want of sufficient and legal evidence against them: Be it therefore fur- Evidence ther enacted. That the evidence of any free against free negroes, &c. Indian or slave shall in like manner be allowed and admitted in all cases against any free negroes, Indians (free Indians in amity -with this government excepted) mulattoes or musti zoes, and all crimes and offences committed by free negroes, Indians (except as before ex cepted) mulattoes or mustizoes, shall be pro ceeded and tried by the justices and jury ap pointed by this act for the trial of slaves, in like manner 'as is hereby directed for the pro ceedings and trial of crimes and offences com mitted by slaves, any law, statute, usage or cus tom to the contrary notwithstanding. 12. And be it further enacted. That the several crimes and offences herein after par- crimes" de clared fel- ticularly enumerated, are hereby declared to be ony by this felony 220 Colonial Records Ordering and Governing Slaves. felony, that is to say, if any slave, free negro, Indian, mulatto or mustizoe, (Indians in amity with this government excepted) shall be guUty of homicide of any sort upon any white person, except by misadventure, or in defence of his or her owner or other person under whose care and government such slave shall be, or shall raise or attempt to raise any insurrection, or commit or attempt to commit a rape on any white person whomsoever, every such offender and offenders, his and their aiders and abettors, shall, upon conviction thereof suffer death; or if any slave, free negro, Indian, mulatto or mus tizoe, (except as before excepted) shall wilfully and maliciously kill any slave or other person as aforesaid, or shall break open, bum or de stroy any dwelling house or other building what soever, or set fire to any rice, corn or other grain, tar-kiln, barrel or barrels of pitch, tar, turpentine, rosin, or any other goods or com modities whatsoever, or shall steal any goods or chattels whatsoever, or delude or entice any slave or slaves to run away, whereby the owner or o-wners of such slave or slaves shall or would have lost or been deprived of such slave or slaves, every such slave and slaves, and his and their accomplices, aiders and abettors, shall upon conviction as aforesaid, suffer death, or such other punishment as the said justices and jury shall in their discretion think fit: Pro vided, That such slave shall have actually pre pared provisions, arms, ammunition, horse or horses Proviso. Statutes, Colonial and Revolutionary, 1768-1773. 221 Ordering and Governing Slaves. horses, or any flat, canoe, or other vessel, or done any other overt act, whereby such their intentions shall be manifested. 13. And whereas, The detestable crime of poisoning poisoning hath frequently been committed by cessary ^ •> •' thereto, slaves : Be it therefore enacted. That not only flfj^y®'' suoh negroes, mulattoes or mustizoes, as shall administer poison to any person or persons, whether free or bound, but also all and every negro, mulatto or mustizoe, who shall fumish, procure or convey any poison, to be adminis tered to any slave or slaves, or to any person or persons as aforesaid, and also such negroes, mulattoes and mustizoes, as shall be pri-vy (and not reveal the same) to the furnishing, procur ing or conveying any poison to be administered to any person or persons as aforesaid, shall be deemed and adjudged, and all and every of them are hereby declared to be felons, and suffer death in such manner as the persons appointed by this act for trial of slaves shall adjudge and determine. 14. And for the encouragement of slaves to slaves giv- make discovery of the designs of others to tion of any design to poison any person. Be it enacted. That every ?°*be"re-°^ negro, mulatto or mustizoe, who shall hereafter ¦"^'¦'^^^¦ give information of the intention of any other slave to poison any person, or of any slave that hath furnished, procured or conveyed any poison to be administered to any person, shall, upon 222 Colonial Records Proviso. Ordering and Governing Slaves. upon con-vdction of the offender or offenders, be entitled to and receive from the public of this province, a reward of twenty shillings to be paid him or her by the treasurer yearly and every year, during the abode of such negro, mulattoe or mustizoe in this pro-vince, on the day that such discovery was made, and shaU also be exempted from the labor of his or her master on that day; and every justice, before such information and conviction is made, is hereby required to give a certificate of every such information, which certificate shall entitle the informant to the reward aforesaid: Pro vided ALWAYS nevertheless. That no slave shall be convicted upon the bare information of any other slave, unless some circumstance or overt act appear, by which such information shall be corroborated to the satisfaction of the said jus tices and jury. punished. 15. And provided also, and be it further fnrflis^''i»- Ei^ACTED. That in case any slaves shall be con- ho™%'°be victed of having given false information, where by any other slave may have suffered wrong fully, every such false informer shall be liable to and suffer the same punishment as was in flicted upon the party accused, any law, usage or custom to the contrary not -withstanding. 16. And be it further enacted. That in case any slave shall teach and instruct another slave in the knowledge of any poisonous root, plant, herb Statutes, Colonial and Revolutionary, 1768-1773. 223 Ordering and Governing Slaves. herb, or other sort of a poison whatever, he or slaves she offending shall, upon con-viction thereof, others°^o poison shall suffer death as a felon; and the slave or slaves suffer death, ' and those SO taught or instructed, shall suffer such punish- porfai* pun- ment not extending to life or limb, as shall be ® ™ " ¦ adjudged and determined by the justices and jury, before whom such slave or slaves shall be tried. 17. And be it further enacted. That no negroes or other slaves shall hereafter be suf- medicine to other slaves, fered or permitted to administer any medicine afrectlon'' of or pretended medicine to any other slave, but at peXon® shau the instance or direction of some white person poreai pun ishment. owning or ha-ving the care and management of the slave, to whom the same is to be adminis tered ; and in case any negro or other slave shall offend herein, he or she shall, upon complaint and proof thereof made, to any justice of the peace, suffer corporeal punishment not exceed ing fifty stripes. 18. And in order to discourage any owners of slaves from concealing any crime committed by such slaves to the prejudice of the public wel- slaves exe- fare. Be it further enacted. That in case any i^w^ to be , appraised. slave shall be put to death, m pursuance of any sentence awarded by direction of this act, the justices awarding the same, and the whole jury who found him or her guilty, shall appraise the value of such slave to be put to death, on oath, which appraisement and valuation shall be cer tified 224 Colonial Records Ordering and Governing Slaves. Proviso. Not to ex ceed forty pounds. Pounds. tified to by the treasurer of this pro-vince, who is hereby authorized to pay the same, to the owner of suoh slave or his order, Provided such appraisement and valuation does not ex ceed the sum of forty pounds sterhng for any one slave. And pro-vided also. That such slave or slaves at the time of the committing the crime for which he, she or they, shall be so sen tenced, shall clearly appear to have been the property of an inhabitant of this province, or of some person having a settled plantation therein whereon such slave or slaves at the time the said crime was committed, was or were em ployed. Proviso. All persons compellableto give evi dence on the trial of slaves. 19. And be it further enacted. That the said justices or any of them are hereby author ized, empowered, and required, to summon and compel all persons whatsoever to appear and give evidence upon the trial of any slave, and if any person shall neglect or refuse to appear, or appearing shall refuse to give e-vidence, or if any master or other person who has the care and government of any slave, shall prevent and hinder any slave under his charge and govern ment from appearing and giving e-vidence in any matter depending before the justices and jury as aforesaid, the said justices may, and they are hereby fully empowered and required, upon due proof made of such summon being served, to bind every such person offending as aforesaid, by recognizance -with one or more sufficient Statutes, Colonial and Revolutionary, 1768-1773. 225 Ordering and Governing Slaves. sufficient sureties, to appear at the next general court to answer such their offence and contempt, and for default of finding sureties to commit such offenders to prison, for any term not ex ceeding the space of two months. 20. And be it further enacted. That in case the master or other person having charge or ^*ann"thSr government of any slave who should be accused cused of a . . capital of any capital crime, shall conceal or convey fur™fsh°two away any such slave, so that he cannot be poundsf if brought to trial and condign punishment, every twenty master or other person so offending, shall for feit a sum not exceeding two hundred pounds sterling, if such slave be accused of a capital crime as aforesaid ; but if such slave be accused of a crime not capital, then such master or other person shall only forfeit a sum not exceeding twenty pounds sterling, to be paid to the treas urer for the use of the public. 21. And be it further enacted. That all and every the constable and constables in the sev- Duties of eral parishes -within this province where any {° ^gln'tln. slave shall be sentenced to suffer death, or other Sn*s?avll.^ punishment, shall cause execution to be done of all the orders, warrants, precepts and judgments of the justices hereby appointed, to try such slaves for the charge and trouble of which the said constable or constables respectively shall be paid by the public, unless in such cases as shall appear to the said justice or justices to be malicious or groundless persecutions, in which cases 226 Colonial Records Ordering and Governing Slaves. cases the said charges shall be paid by the prose cutors, for whipping or other corporeal punish ments not extending to hfe, the sum of five shil lings, and such other charges for keeping and maintaining such slaves, as are by the act for erecting the workhouse appointed ; for the le-vy ing of which charges against the prosecutor, the justices are hereby impowered to issue their warrant, and that no delay may happen in causing execution to be done upon such offend ing slave or slaves, the constable who shall be directed to cause execution to be done, shaU be and he is hereby empowered to press one or more slave or slaves in or near the place where such whipping or other corporeal punishment shall be inflicted, to whip or inflict such other corporeal punishment upon the offender or of fenders; and such slave or slaves so pressed shall be obedient to, and observe all the orders and directions iof the constable in and about the premises, upon pain of being punished by the said constable by whipping, on the bare back not exceeding twenty lashes, which punishment the said constable is hereby authorized and em powered to inflict ; and the constable shall, if he presses a negro, pay the o-wner of the said negro two shillings out of his fee, for doing the said execution ; and in cases capital shall pay to the negro doing the said execution, the sum of two shillings over and above the said fee to his owner. And Statutes, Colonial and Revolutionary, 1768-1773. 227 Ordering and Governing Slaves. 22. And be it further enacted, That it shall not be lawful for any slave to carry and make to*carry° Are arms use of fire arms, or any offensive weapon except as ' •' ¦¦¦ herein whatsoever, unless there be some white person pointed out. of the age of sixteen years or upwards in the company of such slave when he is hunting or shooting, or unless such slave be found in the day time, actually keeping off birds or killing beasts of prey -within the plantation to which such slave belongs, lodging the same gun at night within the dwelling house of his master, mistress or white overseer; and in case any person shall find any slave using or carrying fire arms or other offensive weapon contrary to the tme intention of this act, such person may lawfully seize and take away such offensive weapon or fire arm; but before the property thereof shall be vested in the person who shall seize the same, such person shall, -within forty- eight hours next after such seizure, go before the next justice of peace, and shall make oath of the manner of the taking thereof ; and if any such justice of the peace, after such oath, shall be made, or if upon any other examination he shall be satisfied that the said fire arms or other offensive weapons shall have been seized accord ing to the directions, and agreeable to the true intent and meaning of this act, the said justice shall by certificate, under his hand and seal, declare them forfeited, and that the property is lawfully vested in the person who seized the same : Provided always, , That no such certifi- Proviso. eate 228 Colonial Records Ordering and Governing Slaves. eate shall be granted by any justice of the peace until the o-wner or o-wners of such firearms or other offensive weapon so seized as aforesaid, or the overseer or overseers who shall or may have the charge of such slave or slaves from whom such fire arms or other offensive weapon so taken or seized, shaU be duly summoned, to shew cause why the same should not be con demned as forfeited, or until forty-eight hours after the service of such summons, and oath made of the service thereof, before the said justice. 23. And be it further enacted. That if any Slaves slave shall presume to strike any white person, son!%ow'^to s^(i^ slave upon trial and conviction, before the ^ished."^" justice OT justiccs accordiug to the direction of this act, shall for the first offence suffer suoh punishment as the said justice or justices shall in his or their discretion think fit, not extending to life or limb ; and for the second offence suffer death : But in case any such slave shall griev ously wound, maim or bruise any white person. Proviso. though it shall be only the first offence, such slave shall suffer death. Provided always. That such striking, wounding, maiming or bruising be not done by the command, and in defense of the person or property of the o-wner or other person having the care and government of such slave, in which case the slave shall be wholly excused, and the owner or other person having the care and government of such slave, shall be answerable Statutes, Colonial and Revolutionary, 1768-1773. 229 Ordering and Governing Slaves. answerable as if the act had been committed by himself. 24. And be it further enacted. That it shall and may be lawful for every person to take, ap- siaver^o ITT . . , . be delivered prehend and secure any runaway or fugitive to the per- ^ J ¦' o sons herein slave, and they are hereby directed and re- mentioned. quired, -within forty-eight hours after such ta king, apprehending and securing (otherwise such person to be construed and taken as a harborer of such runaway or fugitive slave) to send such slave, if convenient, to the master or other per son having the care and government of such slave, if the person taking up or securing such slave, knows, or can -without difficulty be in formed to whom such slave belongs, or such slave shall be delivered into the custody of the master of the workhouse of the parish, if any, but if none, to any constable of the said parish; and the master or other person who has the care or government of such slave, shaU pay for ta king up such slave, whether by a free person or slave, the sum of five shillings sterling, and the master of the workhouse or constable, upon receipt of every fugitive or runaway slave, is hereby directed and required to keep suoh slave in safe custody until such slave shall be lawfully discharged, and shall, as soon as conveniently it may be, advertise such slave in the public gazette, and also in the most public place in the parish where such slave shall be taken up, with the best description he shall be able to give, first carefully 230 Colonial Records Ordering and Governing Slaves. carefully viewing and examining such slave for any brand or mark, which he shall also adver tise, to the intent the o-wner or other person who shall have the care and charge of such slave may come to the knowledge that such slave is in their custody ; and if such slave shaU escape through negligence, and cannot be taken up in three months, the said person shall answer to the o-wner for the value of such slave, or the dam ages which the o-wner shall sustain by reason of such escape, as the case shall happen. 25. And be it further enacted. That the Slaves to be at^th?*"^^ said master of the work-house or constable shall, the'^^owners. at the charge of the owner of such slave, pro vide sufficient food, drink, clothing and covering for every slave delivered into his custody, or on failure thereof, shall forfeit all his fees, and for each day after he shall neglect to advertise as before directed, the sum of three shillings. 26. And be it further enacted. That if any tewng^up person shall take up any runaway slave, and titled^ to'two shaU deliver such slave either to the master or pence per mile. Ac- other person ha-vmg the care and charge of such count to be ^ ° ° deifvery" of slave, OT to the constablc of the parish, or the th^e^^master mastcT of the workhousc, shall be entitled to re- of the workhouse ccive from the o-wner, or constable of the parish, or consta- ' ^ ' '''®- or master of the workhouse, twopence per mile for every mile such slave shall have been brought or sent, to be computed from the place where such slave was apprehended; and if such slave Statutes, Colonial and Revolutionary, 1768-1773. 231 Ordering and Goveirning Slaves. slave shaU be dehvered into the custody of the constable of the parish aforesaid, or the master of the workhouse, the person delivering such slave shall give an account of his name, place of abode, and the time and place when and where such slave was apprehended ; which account the said constable or master of the workhouse shaU enter do-wn in a book to be kept for that purpose, and shall give a receipt for any such slave which shaU be delivered as aforesaid into his custody ; and the said constable or master of the work house is hereby fully authorized and empowered to demand and receive from the owner or other person ha-ving the charge or care of any such slave, for negroes committed from the month of October to March, inclusive, for finding neces sary clothing and covering, to be the property of the master's, any sum not exceeding eighteen shillings, and the several sums foUo-vring, and no other sum, fee or reward, on any pretence Fees of the master of whatsoever, that is to say : that for apprehend- housr°and ing each slave, paid to the person who delivered "=°°=*^^i«- such slave into custody, five shilhngs ; for mile age, paid to the same person, two-pence per mile ; /or a sufficient quantity of provision for each day for each slave, sixpence; for adverti~ sing every slave as directed by this act, three shillings and sixpence ; for recei-ving each slave, sixpence ; for poundage on money advanced, one shilling in the pound ; and the said constable or master of the workhouse shall and may law fully detain any slave in custody ; until the fees and 232 Colonial Records Ordering and Governing Slaves. and expences aforesaid be fully paid and satis fied ; and in case the o-wner of such slave, or his overseer, agent, manager, attorney or trustee, shall neglect or refuse to pay or satisfy the said fees and expenses, for the space of thirty days after the same shall be demanded by notice in -writing, served on the owner of such slave, or (if the o-wner is absent from this pro-vince) upon his overseer, agent, manager, attorney or trus tee, the said constable or master of the work house shall and may expose any such slave to sale at public outcry, first gi-ving ten days' notice of such sale, and after deducting the fees and expences aforesaid, and the charges of such sale, the overplus money arising from such sale to be lodged in the hands of any one justice of the parish where such sale shall be made, and upon demand to be by him returned to any person who has a right to demand and receive the same. Penalty on constables or master of the workhousefor neglect of duty so defined. 27. And be it further enacted. That if any constable, or the master of the workhouse shaU refuse to take into his or their custody any fugitive slave or slaves and to do and perform all the several services and duties required by the foregoing clause, such constable or master of the workhouse shall forfeit a sum not ex ceeding twenty pounds sterling, one half to be paid to the owner of such slave, and the other half to the poor of the parish; such fine to be recovered on proof being made of such offence being committed. And Statutes, Colonial and Revolutionary, 1768-1773. 233 Ordering and Governing Slaves. 28. And for as much as for want of knowing or finding the owners of any fugitive slave to be delivered to him as aforesaid, the said con stable or master of the workhouse may not be obliged to keep such slave in his custody, and find and provide provisions for such slaves over and beyond reasonable time; Be it therefore enacted. That if the owner or owners of such ciahned" in six days fugitive slaves shall not, within the space of six %**rusiB^ days from the time of advertising, make his, her mitte^d *to"" or their claim or claims, or it shall not other- housr°'^ ' wise be made known to the said constable or master of the workhouse -within the time afore said, to whom such committed slave shall be long, the said constable shall commit the said slave to the custody of the master of the work house in Savannah, who shall give a receipt for the same, and pay the constable his fees and expenses, as directed by this act; and the said master of the workhouse shall, immediately and constantly, advertise in the gazette of this pro vince for the space of eighteen months, and if not claimed in that time, it shall be lawful for the said master of the work-house to sell such slave at a public outcry, he first advertising such sale, together with the reasons thereof, and out of the money arising from such slave to deduct or retain to himself what shall be then due for money by him disbursed on receipt of such fugitive slave, and for his fees and pro- -visions, together -with the reasonable charges arising by such sale, and the overplus money, if any, shall be rendered and paid by the said master 234 Colonial Records Ordering and Governing Slaves. Proviso. master of the workhouse to the treasurer of the province for the time being, in trust, neverthe less for the use of the o-wner or owners of such slave, Pro-vided the same be claimed by him, her or them, -within one year and a day after such sale, or in default of such claim -within the time aforesaid, to be applied in aid of the general tax for any sum or sums which shall or may have been paid for negroes publicly executed, Pro-vided, ne-vertheless. That on sufficient proof of the property being in any person or persons, at any time, the public shall be liable to, and re pay the same. Persons harboring tu be pun 'shed. 29. And be it further enacted. That if any free person or any slave shall harbor, conceal, siuvesf\ow er entertain any slave that shall run away, or shall be charged or accused of any criminal matter, every free negro, mulatto, and musti zoe, and every slave that shall harbor, conceal or entertain any such slave, being duly con- -victed thereof according to the direction of this act, if a slave shall suffer such corporeal pun ishment, not extending to life or limb, as the justice or justices who shall try such slave shaU in his or their discretion think fit; and if a free person, shall forfeit the sum of thirty shillings for the first day, and three shillings for every day such slave shall have been absent from his or her owner or employer, to be re covered and applied as in this act hereafter is directed. And Statutes, Colonial and Revolutionary, 1768-1773. 235 Ordering and GoverniiLg Slaves. 30. And be it further , enacted. That if any person shall be maimed, wounded or dis- SSmel, abled in pursuing, apprehending or taking any txecution slave that is fugitive, or charged -with any orim- '"ar^ded^^by inal offence, or in doing any other act, matter *"" public. or thing, in obedience to, or in pursuance of the direction of this act, he shall receive iSuch re ward from the public as by the General Assem bly shall be thought fitting and proper; and if any such person shall be killed such reward shall be given and paid to his heirs, executors or administrators. 31. And be it further enacted, That if any „ ,^ ' ¦' r*enalty on retailer of strong liquors, or any other person slfiing® '°'" or persons, shall give or sell to any slave any sfaves °' ... . , without beer or spirituous liquors whatsoever, -without license. the license or consent of the o-wner or such other person who shall have the care or government of such slave, every person so offending shall forfeit a sum not exceeding five pounds sterling for the first offence, and for the second offence ten pounds sterling, and shall be bound in a recognizance in the sum of twenty pounds ster ling, with one or more sufficient sureties before any one of the justices of the peace for the parish where such offence shall be committed, not to offend in like manner, and to be of good beha-vior for one year; and for want of such sufficient sureties to be committed to the near est common jail for a term not exceeding three months. Ajad 236 Colonial Records Ordering and Governing Slaves. 32. And whereas. Many persons purchase pe?s'oM °° provisions and other commodities from slaves, efavM^aba*** by which the o-wners of such slaves are and may be great sufferers, should such pernicious prac tices continue. Be it therefore enacted. That immediately from and after the passing of this act, any person or persons whatsoever who shall purchase from, or seU to, for money or barter -with any slave or slaves for any sort of pro- -vision or other commodities whatsoever, unless such slave or slaves shall produce a ticket from his, her or their employer, o-wner or manager, allowing such slave or slaves to dispose of such money or purchase or sell such provision or commodity, shall upon conviction thereof, be fore any one or more justice or justices of the peace for the parish where such offence shall be committed, forfeit a sum not exceeding ten pounds, to be applied one half to the poor of the said parish, and the other half to the in former, and shall find sufficient security for his, her or their good beha-vior for twelve months; and in case of refusal to pay such penalty or find such security, then and in such case he, she or they, shall be by the said justice or justices committed to the nearest common jail, there to be and remain for and during the space of three months. Provided always. That it shall and Proviso. ^^y i^g lawful for any slave who lives, or is actually employed, in or near any to-wn in the pro-vince to buy and sell fruit, fish, and garden stuff, and to purchase anything for the use of their Statutes, Colonial and Revolutionary, 1768-1773. 237 Ordering and Governing Slaves. their owner, manager or employer, in open mar ket, under such regulations as are or may by law be made and appointed concerning the market in such town or to-wns. 33. And whereas, it may in many oases be Evidence difficult to procure sufficient e-vidence or proof agsJnst^'such of such offences being committed. Be it there fore ENACTED, That where any slave or slaves shall declare, before any or more justice or justices of the peace, (of the probability of which declaration such justice or justices are hereby allowed to judge) that any person or persons whatever are or have been guilty of such offences, it shall betaken for granted, (such probability appearing) that such persons are guilty of the said offenoes, and every such per son shall be and is hereby declared to be liable to the penalties above inflicted on persons so of fending, unless such person shall make it appear upon oath, to the satisfaction of such justice or justices, that he or she is not guilty of such of fence. 34. And be it further enacted. That no o-wner, master or mistress of any slave, after penalty on ' "^ ' owners of the passing of this act, shall permit or suffer mftting '*^'^' any of his, her or their slaves to go and work work out out of their respective houses or families with- tickets. out a ticket in writing under the pain of forfeit ing the sum of thirty shillings sterling for every such offence, to be paid the one half to the jus tices of the parish, for the use of the poor of the parish 238 Colonial Records Ordering and Governing Slaves. Proviso. parish in which the offence is committed, and the other half to him or them that will inform or sue for the same, and every person employ ing any slave, without a ticket from the o-wner' of such slave, shall forfeit to the informer fif teen shillings sterling for each day he so em ploys such slave over and above the wages agreed to be paid to such slave for his work. Provided nevertheless. That the said penalty of fifteen shillings each day shall not extend to any person whose property in such slave is dis putable. 35. And whereas, several o-wners of slaves may permit them to keep canoes, and to breed and raise horses and neat cattle, and to traffic and barter in several parts of this pro-vince for the particular and peculiar benefit of such slaves, by which means they may have not only an opportunity for recei-ving and iconcealing stolen goods, but to plot and confederate to gether and form conspiracies dangerous to the peace and safety of the whole province. Be it Goods &c, therefore ENACTED, That it shall not be lawful or canoes, filvef fo?'' ^or any slave so to buy, sell, trade, traffic, deal usl'^ifa^fe or barter for any goods or commodities, (ex- to be seized. , t j} , -i\ cept as before excepted) nor shall any slave be permitted to keep any boat, perriagua or canoe, or to raise, breed or keep, for the use and bene fit of such slave, and horses, mares and neat cattle, under pain of forfeiting all goods and commodities which shall be so bought, sold, trafficked Statutes, Colonial and Revolutionary, 1768-1773. 239 Ordering and Governing Slaves. trafficked, traded, dealt or bartered for by any slave, and of all the boats perriaguas, canoes, horses or cattle which any slave shall keep, raise or breed for the peculiar use, benefit and profit of such slave ; and it shall and may be law ful for any person or persons whatsoever to seize, and take away from any slave, all such goods, commodities, boats, perriaguas, canoes, horses, mares or neat cattle, and to dehver the same to any justice of the peace nearest to the place where the seizure shall be made ; and such justice shall take the oath of suoh person who shall make any such seizure, concerning the manner of seizing and taking the same, and if the said justice shall be satisfied that such seiz ure hath been made according to the directions of this act, he shall pronounce and declare the goods so seized as aforesaid, to be forfeited, and shall order the same to be sold at public outcry, and the monies arising from such sale shall be disposed of and applied as is hereinafter di rected. Pro-vided always. That if any goods proviso shall be seized which comes to the possession of any slave by theft, finding, or otherwise, -with out the knowledge, privity, consent, or conni vance of the person who have, a right to the property or lawful custody of such goods, the same shall be restored on such persons making to be re- oath before any Justice as aforesaid, who is the owners •^ ' if stolen. hereby empowered to administer such oath to the effect or in the foUo-vring words: "I A. B. do sincerely swear that I have a just and law ful 240 Colonial Records Ordering and Governing Slaves. ful right or title to certain goods seized and taken by C. D. out of the possession of a slave named E. that I did not directly or indirectly permit or suffer the said slave or any other slave whatsoever to keep and employ the said goods for the use, benefit or profit of any slave whatsoever, or to sell, barter, or give away the same, but that the same goods were in the pos session of the said slave by theft, finding or oth erwise, or to be kept bona fide for the use of E. F. a free person, and not for the use or bene fit of any slave whatsoever. So help me God." Which oath shall be taken as the case shall hap- proviso. pen. Provided also. That it shall be la-wful for any person being the o-wner or ha-ving the care and government of any slave who resides or is usually employed in any part of this province, -without the limits of any to'wn, to give license or permission to sell, exchange, or barter in Savannah or elsewhere -within this province, the goods or commodities of the owner or other per son having the care and government of such Proviso. slave. Provided, That in such license or permis sion the quantity and the quality of the goods and commodities with which such slave shall be instructed, be particularly and distinctly set do-wn and specified, and signed by the owner or other person, having the care or government of such slave, or by some other person by his or their order and direction. 36. And as it is absolutely necessary to the safety Statutes, Colonial and Revolutionary, 1768-1773. 241 Ordering and Governing Slaves. safety of this province, that all due care be taken to restrain the wandering and meeting of negroes and other slaves at all times, and more especially on Saturday nights, Sundays and other holy days, and their using and carrying mischievous and dangerous weapons, or using and keeping of drums, horns or other loud in struments, which may call together or give sign or notice to one another of their wicked de signs and intentions, and that all masters, own ers, and others may be enjoined diligently and carefully to prevent the same. Be it enacted, gj^yes That it shall be lawful for any person whomso- of"the pian- , T , 1,1 tation of ever, to apprehend and take up any negro or their own- ' ^^ ^ •' ° ers without other slave that shall be found out of the pianta- f^ *and*' °^ tion of his or their master or o-wner at any time, b;e°taken°up especially on Saturday nights, Sundays or other whipped. holy days, not being on lawful business and with a ticket from their master, or not having a white person -with them, and the said slave or slaves met or found out of the plantation of his or their master or mistress, though with a ticket, if he or they be armed -with such offensive wea pons as aforesaid, him or them to disarm, take up, and whip ; and whatsoever master or owner or overseer shall permit or suffer his or their slave or slaves at any time hereafter to beat drums, blow horns, or other loud instruments, or whosoever shall suffer and countenance any public meeting, or feasting of strange slaves in their plantations, shall forfeit thirty shillings sterling for every such offence, upon conviction or 242 Colonial Records Ordering and Governing Slaves. Proviso. Slaves not to rent any house, &c. or proof as aforesaid. Pro-vided, an information or other suit be commenced within one month after forfeiture thereof. 37. And be it further enacted. That no slave or slaves shall be permitted to rent or hire any house, room, store or plantation on his or her o-wn account, or to be used or occupied by any slave or slaves ; and any person or persons who shall let or hire any house room or plantation to any slave or slaves, or to any free person to be occupied by any slave or slaves, every person so offending shall forfeit and pay to the infor mer a sum not exceeding twenty pounds. 38. And whereas it may be attended with ill Men slaves levlnf'Sft consequences to permit a 'great number of the highway slavcs to travcl on the high roads without some without a . white per- whitc pcrson With them; Be it therefore en- son. '- ' ACTED, That no men slaves exceeding seven in number, shall hereafter be permitted to travel together in any high road in this pro-^ince, with out some white person with them; and it shall and may be lawful for any person or persons who shall see any men slaves exceeding seven in number, -without some white person with them as aforesaid, travelling or assembled together in any high road, to apprehend all and every such slaves, and may whip them, not exceeding twenty lashes, on the bare back. 39. And whereas the ha-ving slaves taught to read or suffering them to be employed in wri ting Statutes, Colonial and Revolutionary, 1768-1773. 243 Ordering and Governing Slaves. ting, may be attended with great inconvenien ces : Be it therefore enacted, That all and ev- persons teachmsr ery person and persons whatsoever, who shall ^ritl^ *° hereafter teach, or cause any slave or slaves io be taught to write or read writing, or shall use or employ any slave as a scribe in any manner of writing whatsoever, every such person and persons shall, for evciy such offence, forfeit tlic sum of twenty pounds sterling. 40. And whereas the inhabitants of this province are liable to have their slaves inveigled, stolen or carried away, and may receive great prejudice by such unwarrantable and wicked uiveigia*" practices : Be it therefore enacted, That all and every person or persons who shall inveigle, steal or carry away any negro or other slave or slaves, or shall hire, aid or counsel any per son or persons to inveigle, steal or carry away as aforesaid, any such slave or slaves, or that shall aid any such slave in running away, or de parting from his master's or employer's ser- -vice, or shall give a ticket or pass, whereby such slave shall depart fom the service of his or her said o-wner, manager, or employer, shall be, and he and they is and are hereby declared to be guilty of felony, and being thereof con-victed or attainted, shall stand mute, or -will not directly answer to the indictment, or will peremptorily challenge above the number of twenty of the jury, shall suffer death as felons, and be exclu ded and debarred of the benefit of clergy. And 244 Colonial Records Ordering and Governing Slaves. 41. And be it further enacted, That if any mmni °° person shall on the Lord's day, commonly called labor on Sunday, employ any slave in any work or labor, the sabbath- •' ^ ^ ^ •> •> ' day. (work of absolutc necessity, and the necessary occasions of the family only excepted) every person so offending shall forfeit and pay the sum of ten shillings for every slave he, she or they shall so cause to work or labor. 42. And whereas cruelty is not only highly unbecoming those who profess themselves Chris tians but is odious in the eyes of all men who have any sense of -virtue or humanity therefore to restrain and prevent barbarity being exer cised toward slaves. Be it enacted, That if any person or persons shall -wilfully murder his o-wn slave or the slaves of any other person, every such person shall upon conviction thereof by the oath of two -witnesses be adjudged guilty of fel ony for the first offence and have (benefit of) clergy making satisfaction to the owner of such slaves and shall (be rendered) and is hereby de clared altogether incapable of holding any place of trust or of exercising, enjoying or recei-ving the profits of any office place or employment civil or military "within this pro-vince but if any person shall offend in like manner a second time, such second offence shall be deemed mur der and the offender suffer death for the said crime, and shall forfeit as much of his lands, tenements, goods and chattels as may be suffi cient to satisfy the o-wner of such slave so killed as Statutes, Colonial and Revolutionary, 1768-1773. 245 Ordering and Governing Slaves. as aforesaid, and in case any person shall not be able to make the satisfaction hereby required, on committing the first offence every such per son shaU be sent to any frontier garrison of this Province or committed to the goal at Savannah and there to remain at the pubhck expence for the space of seven years and to serve or be kept to hard labour, and the pay usually allowed by the publick to soldiers of such garrisons or the profits of the labour of the offenders shall bo paid to the owner of the slave murthered and if any person shall on a sudden heat of passion and without any ill intent kill the slave of any other person he shall forfeit the value of the said slave so killed to be appraised by auy three or more freeholders, and in case any person or persons shall willfully cut out the tongue, put out the eye, castrate or cruelly scald burn or de prive any slave of any limb or member or shall inflict any other cruel punishments otlier t}ian by whipping or beating -with a horse whip, cow skin s-witch or small stick or by puting irons on or confining or imprisoning such slave every such person shall for every such offence forfeit a sum not exceeding fifty pounds sterling. 43. And whereas, plantations settled with slaves without any white man thereon, may bo harbors for runaway and fugitive slaves: Be it therefore enacted. That no person or per sons hereafter shall keep any slaves on any plantation or settlement, without having a white man 246 Colonial Records Ordering and Governing Slaves. man on such plantation or settlement, under pain of forfeiting the sum of five pounds st<^r- ling for every month which any cuch person shall so keep any slaves on any plantation or settlement, without a white man as aforesaid: and every owner of any plantation or settlement. for every twenty-five slaves of the age of sixteen and upwards, which such o-wner shall have thereon, shall be, and is hereby obliged to retain and keep in his or her service on such plantation or settlement, one white man, capable of bear ing arms, under the pain of forfeiting five pounds per month for every white man wanting thereon. Persons sued for executing this act may plead the general issue. 44. And be it further enacted. Thai if any person shall at any time be sued for putting into execution any of the powers contained in th'is act, such person shall and may plead the general issue, and give the special matter in this act in evidence ; and if the plaintiff be a non-suit, or a verdict pass for the defendant, or if the plain tiff discontinue his action, or enter a noli prose qui, or if upon demurrer judgment be given for the defendant, every such defendant shall have his full costs. This act is to be cnn- strued most beneficial for carryiRg the san^e into effect. 45. And be it further enacted, That this at t, and all the clauses therein contained, shall be construed most largely and beneficial for the promoting and carrying into execution this act ; and for the encouragement and justification of aU Statutes, Colonial and Revolutionary, 1768-1773. 247 Ordering and- Governing Slaves. all persons to be employed in the execution thereof ; and that no record, warrant, precept or commitment, to be made by virtue of this act, or the proceedings thereupon, shall be reversed, avoided, or any -wise impeached by reason of any default in form. 46. And be it enacted, That all fines, penal- pi„gg_ j^^^ ties and forfeitures imposed or inflicted by litis cSvered^& act, which are not hereby particularly disposed ^^^ '^ " of, or the manner of the recovery directed; shall, if not exceeding the value of eight pounds ster ling, to be recovered as is directed in and by an act for the more easy and speedy recovery of small debts and damages, in the parish where suoh offence shall be committed, and in case such fine, penalty or forfeiture, shall exceed the sum of eight pounds sterling, the same shall be re covered by action of debt, bill, plaint or infor mation in the general court of this pro-vince, and all the said fines, penalties and forfeitures, which shall be recovered by this act, and are not before particularly disposed of, shall be one half to his majesty, his heirs and successors, and to be paid to the treasurer, to be applied in aid of the general tax, towards paying for such slaves as are executed by -virtue of this act, and the other half to the informer or informers. 47. And be it further enacted. That his ma- to whom jesty 's part of the fines, penalties and forfei- beiongfng , . -, I . to the pub- tures, which shall be recovered by virtue of this "aid^^^" ^^ aot, 248 Colonial Records Ordering and Governing Slaves. act, shall be paid into the hands of the justices, or in the court where the same shall be recov ered, who shall make a memorial or record of the same, to the treasurer of this pro-vince, from the said court of justices, who shall receive his ma jesty's part of such fines and forfeitures : which memorial shall be a charge on the judges or jus tices respectively to whom the same shall be paid, and the treasurer of this pro-vince for the time being, shall, and may, and he is hereby au thorized and empowered to levy and recover the same by warrant of distress and sale of the goods and chattels of the said judges or justices respectively, who shall be charged -with the same in case they or any of them shall neglect or re fuse to make such memorial or record as afore said, or send such transcript thereof as is be fore directed, or shall neglect, or reruse to pay the same over to the treasurer within thirty days after the receipt of the same. This act, a public act. 48. And be it further enacted, That this act shall be deemed a public act and shall be taken notice of without pleading the same, before all judges, justices, magistrates and courts within this province. Continua tion. 49. And be it further enacted. That this act shall continue and be in force for and during the term of five years, and from thence to the end of the then next session of the General As sembly, and no longer. And Statutes, Colonial and Revolutionary, 1768-1773. 249 Agent in Great Britain. 50. And be it further enacted. That neither this act, nor any part and clause thereof, shall This act be of any force or effect, but the same is wholly ^ force^ tin suspended, until his most sacred majesty's ap- majesty'?*^ probation and allowance thereof shall be signi fied to the governor and commander in chief of this pro-vince for the time being, anything therein before contained to the contrary thereof in any wise notwithstanding. By order of the Commons House of Assem bly. N. W. JONES, Speaker. By order of the Upper House, JAMES HABERSHAM, President. Council Chamber, May 10, 1770. Assented to. JAMES WRIGHT. (State Archives.) AN ORDINANCE For Reappointing Benjamin Franklin Esquire Agent to Sollicit the affairs of this province in Great Britain. WHEREAS the Ordinance for Reappointing Benjamin 250 Colonial Records Agent in Great Britain. Benjamin Franklin Esquire Agent for this Province in Great Britain is Expired We there fore pray your most Sacred Majesty that it may be Ordained AND BE IT ORDAINED by his Excellency Sir James Wright Baronet Captain General and Governor in Chief in and over his Majesty's Province of Georgia by and -with the Advice and Consent of the Honourable CouncU and Commons House of Assembly of the said Province, in General Assembly met and by the Authority of the same, that, the said Benjamin Franklin be and is hereby declared and Reap pointed Agent to Represent, Solicit and Trans act the affairs of this Province in Great Britain. AND BE IT FURTHER ORDAINED that the said Benjamin Franklin shall be and he is hereby fully Authorized and Impowered to fol low and pursue all such Instructions as he shall from time to time Receive from the General As sembly of this Pro-vince or from the Committee herein after Appointed to Correspond with him. AND BE IT FURTHER ORDAINED that the Honourable Noble Jones, Anthony Stokes, James Edward Powell, John Graham, James Read, and Henry Yonge Esquires, The Honor able William Young Esquire, Noble Wimberly Jones, Joseph Clay, Esquires, Sir Patrick Hous ton, Baronet, Thomas Netherclift, John Simp son, William Le Conte, Thomas Shruder, David Zubly, Thomas Young, and Thomas Carter Es quires, until others shall be appointed or any nine Statutes, Colonial and Revolutionary, 1768-1773. 251 Agent in Great Britain. nine of them (Two of which shall be of the Council) shall be and they are hereby Nomi nated and appointed a Committee to Correspond with the said Benjamin Franklin and give him such Orders and Instructions from time to time as they shall Judge to be for the Service to this province, and the said Agent is hereby directed and required in all his pro-vincial Correspond ence to address his Letters to the Person first named in this Ordinance and the other members of the said Committee, who shall as soon as may be. Order the Clerk or other person ap pointed to Summon the members of the said Committee to meet and take under consideration the matters contained in such Letters, and in case of the absence from Savannah of the person first in Nomination then any other Member of the Committee who shall be present, shall cause the said Committee to be summoned and proceed to Business as before directed, but no letter to be opened, nor the Seal broken upon any pre tence whatsoever before such Members of the Committee as aforesaid are met Provided, nevertheless, that if after being summoned as aforesaid any of the persons so Summoned shall Refuse or Neglect to attend, then any Nine of the Committee before named and empowered to proceed to Business as aforesaid AND BE IT FURTHER ORDAINED that there shall be Allowed and paid unto the said Benjamin Franklin for his agency the sum of One 252 Colonial Records Agent in Great Britain. One Hundred and Fifty Pounds Sterhng Money of Great Britain over and above his reasonable charges and disbursements on his application to the Several Officers and Boards in Negociating the affairs of this Province AND BE IT FURTHER ORDAINED that the said Benjamin Franklin shall be and con tinue Agent for this Province for one Year to commence from the first of November next in the Year of our Lord one thousand Seven Hun dred and Seventy* By order of the Commons House of Assembly WILLM YOUNG Speaker By order of the Upper House of Assembly JAMES HABERSHAM President Council Chamber 29"^ September 1773 Assented to [JA: WRIGHT.] *1773. Error in original act. StMie Statutes, Colonial and Revolutionary, 1768-1773. 253 Roads, Rivers and Creeks. (State Archives.) AN ACT To empoiver Com,mis sioners or Surveyors to lay out make and repair the Roads already laid Titie Out or that nw/y hereafter be necessary, and also to Clear the Rivers and Creeks within their respective Divisions. Whereas Several Laws have heretofore been passed for the laying out Pubhck Roads which ^'''eambie have accordingly been laid out and Cleared, which Laws are near Expiring And Whereas it is necessary for the more easy Communication throughout the Province and the Conveniency of the inhabitants that the Roads already laid out should be perfected and kept in proper and Constant repair and that Others may be laid Out, We therefore pray his most sacred majesty that it may be Enacted, and be it Enacted by ^"^ted His Excellency Sir James Wright Baronet Cap tain General and Governor in Chief of his Majestys Province of Georgia, by and -with the ad-\T.ce and Consent of the Honorable Council and Commons House of Assembly of the said Province in General Assembly met, and by the Authority of the same That the Commissioners That the Commis- or Surveyors of the several Divisions hereafter ^^l^^l mentioned named and Described shall be and t" wm-lc^on ,1 11 1 J j_- i_ 1. the Roads' they are hereby empowered to continue to work &c already upon clear, amend, repair erect and Improve the several Roads, Bridges, rivers Creeks Cause ways. 254 Colonial Records Eoads, Rivers and Creeks. And to clear any others to be laid Out. ways. Water courses, and water passages in this Pro-vince as are already laid out, opened, erected and Cleared, and to lay out open, erect, and clear any Others that may hereafter be thought necessary, and to establish such ferries as they shall think proper, for the more direct communication and better Convenience of the Inhabitants thereof according to the several regulations and Directions of this Act That the male white Inhabitants &c (except of Savannah &c Sunbury, from 16 to 60 years do work upon the Roads &c or be liable to the pen alties in this Act Proviso Sundry Ex empted from work ing And be it Enacted That all the male white Inhabitants (excepting those of the Towns of Savannah and Sunbury) Free Negroes and Mu lattoes and all negroes and other Male Slaves from the age of Sixteen to Sixty years in the several Parishes within this Pro-vince shall be, and they are hereby declared to be Obleged to work upon the several Roads, Creeks and Rivers -within the several Di-visions to which such male white Inhabitants free Negroes and Mulattoes, and negroes and Other Male Slaves shall by their respective places of residence and by this Act be Allotted, or such Male White Inhabi tants free Negroes Mulattoes and the O-wners Managers or Employers of Such Negroes and Other Male Slaves be liable to the several Fines and penalties in this Act hereafter mentioned Provided nevertheless that nothing in this Act contained shall extend or be Construed to ex tend to Subject the Commander in Chief the Members of His Majestys Council or their Offi cers the Members of the Commons house of As sembly Statutes, Colonial and Revolutionary, 1768-1773. 255 Eoads, Rivers and Creeks. sembly or their Officers the Ministers of the Gospel the Pilots and ferrymen to personal working or Attendance upon the Roads Creeks or Rivers within their several di-visions where the persons aforesaid shall or may reside and also such persons as have actually served as Commissioners or Surveyors of the Roads for the term of Seven years and all Justices of the Peace qualified and acting as such shall be ex empted from personal Labour, but they are nevertheless required "to give their Attendance at the Roads properly armed 'and Accoutred Pro-vided Also that this clause of Exemption shall not extend to exempt any person or per sons therein named from doing his or their duty as Commissioners or Surveyors of any Di-vision witliin this pro-vince if he or they should be ap pointed to and accept of the said Office. And be it Enacted that the Town and Com- The Town mon of Savannah including the Hamlets of °ah^^^,^°sion Yamacraw Ewensburgh and the Trustees Gar dens shall be and continue to be Called the Town di-vision, and that the several male Slaves free Negroes and Mulattoes -within the said To-wn persons ° liable to and the limits of the Common including the ^°^rein Hamlets and settlements aforesaid (except the Plantations of the Reverend John Joachim Zubly and Moses Nunes) shall be and they are hereby declared to be liable to work within the said Di-vision and that Thomas Netherclift and Joseph Clay Esquires Philip Box, Joseph Hab- sioners ersham 256 Colonial Records Roads, Rivers and Creeks. ersham, Edward Telfair Robert Ried and James Whitefield shall be and they are hereby declared to be Commissioners or Surveyors of the same. The first north west division personsliable to work therein Commission ers named And be it Enacted that the Road from the line of Common of the To-wn of Savannah as far as the North west line of the parish of Christ Church and all Waters Creeks and rivers within the same shall be and Continue to be called the first North west di-vision And that the several Male white inhabitants, free Negroes, and Mu lattoes and all the male slaves within the limits here in after named. That is to say from the said line of the Common all the Inhabitants to the North West on the River Savannah and Settlements on the Islands in the said River shall be and they are hereby declared to be liable to work -within the said di-vision except the In habitants on Hutchinsons Island below the Hon orable John Graham Esquires Plantation, And That Jonathan Bryan, Isaac Young, John Simp son, and John Stirk Esquires Nathaniel Hall William Wylly and Richard Wylly shall be and they are hereby declared to be Commissioners or Surveyors of the Roads -within the same. Second north west divisions And be it Enacted That the Road from the North West line of the parish of Christ Church up the river Savannah to the North West Line of the parish of Saint Matthew and all Waters Creeks and Rivers -within the same shall be and Continue to be called the second North West Di-vision Statutes, Colonial and Revolutionary, 1768-1773. 257 Roads, Eivers and Greeks. Division And Whereas it is necessary from the extent of the said Second North west Division to divide the same into two parts Be it there fore Enacted That from hence forth the same divided into shall be divided into two parts and distinguished by the names of the upper and lower Parts of Yower north the said second North West Di-vision and Ion '*'"" the said Division to be made thereof shall be by the Creek called and known by the name of Tuckasee Kings Creek upon the river Savannah, and from thence in the iSouth West line to the o^thrtwo boundary herein after by this act Established ^''^'^'°" for a Road on the North side of Great Ogechee River, and that the part of the Second North West division lying between the said Tuckasee Kings Creek and the south west line as afore said to the north west line of the Parish of Christ Church do-wn the River Savannah and all Waters, Creeks and Rivers within the same shall be and Continue to be Called the lower Lower part part of the said Second North West division, and that all that part of the said second North West Division lying between the said Tuckasee Kings Creek and the South west Line as afore said to the North West Line of the parish of Saint Mathew and all Waters Creeks and Rivers within the same shall be and continue to be Call ed the upper part of the said second North West upper part Division and that the several Male White in- persons liable to habitants Free Negroes and Mulattoes and all y^^ork ° therein male slaves within the said upper and lower parts of the said Second North west di-vision limited 258 Colonial Records Roads, Eivers and Greeks. Commis sionersnamedfor the Lower di vision Commission ers named for the upper di vision hmited as aforesaid excepting suoh as are here by declared to Work on the Newington Road shall be and they are hereby Declared to be ha ble to work -within the said respective Parts of the said north West Division in which they shall reside and that the Honorable Clement Martin Esquire John Adam *Treutlen John fStirk Es quires John Wertch Nicholas Horton John Hall and Urban Bunty| shall be and they are hereby declared to be Commissioners or Surveyors of the roads -within the lower part of the said di-vision and the said Commissioners or Surveyors are hereby empowered directed and required immediately after the passing of this Act to cause a publick Road to be laid out and established from the main Road to the ferry on Middlesex Island and the several Male White inhabitants Free NegToes and Mulattoes and all male slaves -within the said Division are hereby declared to be liable to work upon the said Roads except that Road leading to Middlesex Ferry and that Philip Howel, Philip Dill, Joshua Pearce, Christopher Hudson and Thomas Flym ing shaU be and they are hereby declared to be Commissioners or Surveyors of the Roads with in the upper part of the said Division. And be it Enacted that the road from the North west line of the parish of Saint Matthew * Written Trentleu in original act. t Written Flirk iu original act. {Probably Buntz. to Statutes, Colonial and Revolutionary, 1768-1773. 259 i-;oaut, iMvei? ajid Creek;. to the north west line of the parish of Saint George and all Waters, Creeks and Rivers with in the same shall be and continue to be called Third north the third North West division, and that the sev- ^|f*„^'" eral Male white inhabitants, Free Negroes and Mulattoes and all Male Slaves within the limits iiabie to work hereafter named That is to say from the mouth therein of Briar Creek up Savannah river as far as the mouth of Macbeans Swamp and up Brier Creek as far as Millto-wn mill linclusive and from thence in a direct line to the fording place on the said Swamp, shall be and they are hereby .^^j^^ ^^ ^-^^ declared to be hable to work on the lower Road ^'"'^'^ ^"^^ leading through the said Parish towards Au gusta, and that Peter Shand, Esquire, John Conyers, James Harbet, Stephen Smith Joseph ers^rSmed"" Gresham, John Green and James Nesmith shall be and they are hereby declared to be Commis sioners or Surveyors of the said Road, and the several Male white Inhabitants Free Negroes and Mulattoes and all male Slaves within the limits herein after mentioned, That is to say from the mouth of Beaver dam up the same to the south line of the said parish from thence to the Causeway over Macbeans Swamp Inclusive shall be and they are hereby made liable to work on the upper Old Road leading from the iiabie to ^ ^ " work on the fording place on the Beaver Dam up to Mac- "ppe^ Road beans Swamp and also that the road now lead ing from the Court house in the parish of St. and the r03.Q. 16£IC1~ George to the Quaker Settlement caUed Wrights- Q#ake°rs*\\t- borough in the parish of Saint Paul shall be "®'"®"* kept 260 Colonial Records Eoads, Eivers and Creeks. Commission ers named kept in repair by the Joint labour and expence of the Inhabitants of this district and that John Thomas, John Mann, and Benjamin Le-wis Es quires, Thomas Le-wis Junior, George Walker, James Lambert, William Lord, Daniel Doug lass, Thomas Fussell, Caleb Cox and Thomas Sims shall be and they are hereby declared to be Commissioners or Surveyors of the said Road. And be it Enacted that the road leading from Macbeans Swamp through the parish of Saint Paul including the To-wn of Augusta as far as httle River and all Waters Creeks and Rivers -within the same shall be and continue to be called the fourth North west Di-vision and that North west the Several male white Inhabitants Free negroes persons aud Mulattocs and all male slaves -within the liable to Inron^l''^'" said Parish shall be and they are hereby De- inl'^to^^'*' clared to be liable to work -within the said Di- borough Vision, aud that a Road lately laid out by the Commissioners of the said Di-vision leading from the Town of Augusta to the To-wn of Wrightsborough be hereby deemed and declared to be a Publick Road and that all the Inhabi tants within four miles to the northward and the whole of the inhabitants to the Southward of the same be Obliged and they are hereby made liable to work on the said Road and that James Grierson, John Walton, Robert Mackay . ^ and Andrew McLean Esquires and Jehu Stubbs Commission- ^ ers named Jonathan Sell, Devereaux Garrett and Isaac Low Statutes, Colonial and Revolutionary, 1768-1773. 261 Eoads, Rivers and Greeks. Low shall be and they are hereby Declared to be Commissioners or Surveyors of the Roads within the same. And be it Enacted that the Road leading Newington from the North West road through Ne-wington Village to the Cowpen of Jonathan Bryan Es quire on Great Ogechee river shall be made and be kept in repair by the Joint Labour of all the Inhabitants to the north and West of the new Plantation of the Honorable James Haber- persons liable to sham Esquire Including the plantation of Noble ^°/rein, Wimberly Jones Esquire and to the Eastward as far as the plantation of John Simpson Es quire Exclusive, as far as pipe makers Creek down to the Plantation of John Joachim Zubly Exclusive, and from Turkey HiU in a Streight line to Jonathan Bryan Esquires Cow pen on Great Ogechee River and that Noble Wimberly Jones Esquire John Hume, James Lucana Charles Pryce and Joseph Gibbons shall be and commission- •' ^ ers names they are hereby declared to be Commissioners or Surveyors of the said Road. And Be it Enacted that a Road shall be con tinued from the Newington Road to Horse ?o^rc^°-''^ Creek and from thence to the Town of Queens- NewingtoS™road to borough and that Isaac Ford Esquire, Samuel Q"/„«„"|^ Eastlake Josias Dixon Richard Burford and Henry Dixon for the Parish of Saint Matthew ^ j-'.-i^AAA J Commlssion- WiUiam Jones, James Pugh, Joseph MarshaU, ^ ^^^''^"^ WiUiam Harding and Elijah Brazeal Esquires plrflf^ for 262 Colonial Records Eoads, Eivers and Creeks. for St Pauls Personsliable to work thereon first South west divis ion Persons liable to workthereon for the parish of Saint George James Flyming Esquire Joseph Saunders, James Finlay Sam uel Maebride and Daniel Nacniel for the parish of St. Paul shall be and they are hereby ap pointed Commissioners or Surveyors for laying out and keeping the said Road in Repair and that the several male white Inhabitants free negroes and mulattoes and all the Male Slaves from Jonathan Bryan Esquire's Cowpen to the said Town of Queensborough living -with in Eight miles of the north side of Great Oge chee River shall be and they are hereby declared to be liable to work upon the said Road within their respective parishes any thing in this act contained to the Contrary Not-withstanding. And be it Enacted that the Road from the line of the Common of Savannah to the ferry on Great Ogechee River and all Waters Creeks and Rivers within the same shall be and Continue to be Called the first south west division and that the several male white Inhabitants free Negroes and Mulattoes and all male slaves within the limits hereafter named. That is to say aU the Inhabitants East of Savannah as far as the Plantations of M"'" RusseU and Samuel Bowen Exclusive, the Inhabitants of Hutchinsons Island below the Plantation of the Honorable John Graham Esquire and aU the Garden Lots to the eastward of Musgroves Creek and all the farm lots to the south and East of John Simpson Esquires Plantation as far Statutes, Coloni.vl and Revolutionary, 1768-1773. 263 Eoads, Eivers and Greeks. far as the south west Comer of the Common of the To-wn of Savannah to the Plantation of Thomas Netherclift Esquire and from thence in a South line to the River little Ogechee shall be and they are hereby Declared to be liable to work within the said Di-vision and that the Hon orable James Read Esquire James Habersham Commission- Junior Henry Bourquin John McLean Stephen ers named. Miller Esquires George Delegal and John Fox shall be and they are hereby declared to be Commissioners or Surveyors of the Roads within the same. And Be it Enacted that the Road from the low water mark at the ferry on Great Ogechee to Dunhams Swamp and the Boundary line of the Parish of St. Philip and in the said Parish and all Waters Creeks and Rivers -within the same shall be and continue to be Called the sec- secondSouth West ond south west Division and that the Several Divisions male White Inhabitants Free Negroes and Mu lattoes and all male Slaves -within the said persons Parish (The Inhabitants living between Great work therein Ogechee and Coonache Rivers only excepted) shall be and they are hereby Declared to be liable to work within the said Di-vision and that the Honorable James McKay Esquire James ii-s^^mis"" Maxwell, William Maxwell James Butler, John Harn Da-vid Huguinen and Thomas Goldsmith the Younger shall be and they are hereby de clared to be Commissioners or Surveyors of the Roads -within the same And the said Com missioners 264 Colonial Records Eoads, Rivers and Creeks. who are to cause a road to be laid out from Oge chee Cause way to a Ferry on Midway. missioners are hereby empowered and required to Cause a publick Road to be laid out from the high Road near Great Ogechee Causeway to the m.ist Convenient Place for establis'hing a ferry on ^.lidway Biver to the Town of Sun bury and the several male White inhabitants free negroes and mulattoes and all male Slaves as aforesaid shall be hable to work upon the said Road. Persons liable to work upon and keep clear The River Ogechee And Be it Enacted that all the male White Inhabitants Free negroes and mulattoes and aU male Slaves on the South side of Great Ogechee River living between the said River and the River Cowanouchee from the mouth of the said Cowanochee upwards shall be Obliged to work upon and keep Clear The said River of Great Ogechee in lieu of Working upon the Roads in the Parish of Saint Philhp, and that Wilham Belcher Esquire, John Earle, Hugh Bryan, erT^mir' Jamcs Bryan, Israel Bird, and Sham Butier shall be and they are hereby appointed Com missioners for that purpose and the said Com missioners shall have all the powers and au thorities and be under the same Restrictions and Limitations as any Commissioners of the High Roads are Invested with or Subject to by this Act. And be it Enacted That the Road in Saint Johns Parish from Dunhams Swamp to the Boundary line of the said Parish caUed the upper Statutes, Colonial and Revolutionary, 1768-1773. 265 Eoads, Rivers and Creeks. upper Road and the Road from Burtleys Ferry on north Ne-wport River to the Division line of the said Parish opposite to the most Conven ient place for Crossing South Newport river and Called the lower Roads and the Road from the To-wn of Sunbury to the ferry on North Newport River and the Road from the meeting house in the said Parish to the Town of Sun bury, and a Road from the main South west Road on the South side of Newport Swamp to the Plantations of Josiah Bacon and from thence to the Plantation of Sylvanus Robinson and further as may appear Necessary and all Waters Rivers and Creeks within the same shall be and Continue to be Called the Third South west di-"" vision West Di-vision and 'all the Male White Inhabi tants except as before excepted Free Negroes and Mulattoes and all male Slaves -within the nlwe^^o said Parish shall be and they are hereby de- Therein clared to be liable to work withfin the slaid Di-vision And that Benjamin Andrew, Francis Bro-wn, Thomas Young Peter SaUens Sen'' Es- frs"'^mes°" quires, John Sandyford, Joto Bacon James Maxwell William Quarterman, Samuel Saltus, Thomas Maxwell, Josiah Bacon Sylvanus Rob inson and Josiah Osgood shall be and They are hereby Declared to be Commissioners or Sur veyors of the Roads within the same. And be it Enacted by the authority aforesaid persons that immediately from and after the passing of this Act the several Male white Inhabitants Free 266 Colonial Records Eoads, Rivers and Creeks. Clear the streets and Common of Sunbury Commiasioners names Free negroes and mulattoes and all male Slaves -within the Town of Sunbury shaU be liable and they are hereby directed yearly and every year to clear and keep Clean the several Streets Squares Lanes and the common of the said To-wn at such times as shaU be prescribed by the Commissioners or Surveyors herein after named and Subject to the several Directions regulations Fines forfeitures and Penalties as are in this Act recited declared and mentioned And that Roger Kelsall Simon Munro, John Jones, John Graves Esquires and Samuel Miller shall be and they are hereby declared to be com missioners or Surveyors of the said Town and Common of Sunbury. the fourth south west division divided into two and to be known by the name nf the fourth and fifth S W division The fourth south west di vision Persons liable to work therein And be it Enacted that the Parish of Saint Andrew usually called the fourth south West Division shall Immediately after the passing of this Act be divided into two parts and here after be distinguished by the Names of the fourth and fifth South west division's and that the road leading to the River Alatamaha to the Bluff opposite M'Tiers old place from the Boundary line of the Parish of St John be Called the fourth south west Di-vision and that all the male white Inhabitants free negroes and Mulattoes and all Male Slaves to the south west of the said Road to the east of the said Road inclusive from the east line of the Plantation of William Le Conte Esquire on a parallel with the said Road leading to the Bluff opposite to the Statutes, Colonial and Revolutionary, 1768-1773. 267 Roads, Rivers and Creeks. the place formerly called Mactiers on the Alata maha River shall be and they are hereby de clared liable to work -within the said Di-vision and that William Le Conte Jonathan Cockran Esquires Andrew Maybank, Moses Way, and Daniel Sullivant be and they are hereby de clared Commissioners or Surveyors of the said Roads Commission ers names And be it Enacted that the several male White Inhabitants free Negroes and Mulattoes and all male Slaves within the said Parish (ex cepting those mentioned in the preceeding Clause) shall be liable to work -within the fifth The fifth ' south west South West Di-vision, That is to say on the 'division Road leading from the Parish line of St John ,,. , " Viz from to Sapelo River and from thence by the meet- {Jife'of'^s? ing house to the Town of Darien in such direc- Town^of**"^ tion as the Commissioners hereafter named shall deem the most convenient commonly Called the lower Road and also on the Road from the said Road to the upper Road commonly called the river Road and the Commissioners hereafter and from named are hereby Authorized and required to thence to •' ^ the River begin to work at the place where the lower Road K°ad in the Parish of Saint John terminates on the South line of the said Parish, and continue to work and make good the said Road over South Ne-wport River before they begin to work on any other part of the said Roads. And Robert commission- BaiUie George Mcintosh Stephen Drayton Es quires John Witherspoon and James Cantey shall ers names 268 Colonial Records Roads, Eivers and Creeks. shall be Commissioners or Surveyors for the said Division. Sixth south west di vision personsliable to work therein Commission ers names who are to cause the road to be laid out from low water mark And be it ENACTEo'that a publick Road shall be laid out from the low water mark at the ferry on Alatamaha river at McTiers old place to the Southern boundary hue of the parish of Saint Da-vid and all Waters Creeks and Rivers within the same shall Be and Continue to be called the Sixth South West di-vision and that the several Male white Inhabitants free Negroes and Mulattoes and aU male Slaves -within the said Parish shall be and they are hereby de clared to be liable to work -within the said Di- -vision and that James Spalding Esquire Wil ham Williams Arthur Carney Peter Nephew and Josiah Barrington shall be and they are hereby declared to be Commissioners or Sur veyors of the Roads within the same and the said Commissioners are hereby Empowered and required to cause the said Road to be laid Out from low water mark from the said ferry. And be it Enacted That a Publick Road Shall be laid out from the South boundary line of the (parish of Saint David to the Boundary line of the parish of Saint Patrick and all Waters The Seventh Crccks and RivcTs within the same shall be and division Continue to be called the Seventh South west Division and that the Several Male white inhab- Persons itauts free negroes and mulattoes and all male liable to therein Slaves -witiiiu the Said parish Shall be and they are Statutes, Colonial and Revolutionary, 1768-1773. 269 Eoads, Rivers and Creeks. are hereby declared to be liable to work within the said Di-vision And that James Butler, Thomas Jamieson and Daniel Ryan shall be and they are hereby declared to be Commission- commission- oi o -r-» 1 • • ers names ers or Surveyors of the Roads withm the same and the said Commissioners are hereby em powered and required to cause the said Road to be laid Out from the boundary line of the said Parish to the most convenient place on the Boundary line of the Parish of Saint Thomas. And Be it Enacted That a Publick Road shall be laid Out from the Southern Boundary line of the Parish of Saint Patrick to the jnost Convenient Place for the Establishing a Ferry over Great .Satilla to be agreed upon by a majority of the Commissioners or Surveyors of the Roads of the Parish of Saint Thomas and Saint Mary and all Waters Creeks and Rivers -within the same shall be and Continue to be The Eighth Called the eighth South West di-vision and that dwision^^^ the several male white inhabitants free negroes and mulattoes and aU male Slaves -within the said Parish shall be and they are hereby de- „ •' '' Persons clared to be liable to work -within the said Di- li^^jf *° -vision, and that Charles Cantey James Lemmon and John Cobum shall be and they are hereby Declared to be Commissioners or Surveyors of the Roads within the same and the said Com missioners are hereby empowered and required to cause the said Road to be laid out in man ner as before directed. And work therein Commission ers names' 270 CoLoxiAL Records Roads, Eivers and Creeks. The ninth South west division persons liable to worktherein Commission ers names Axd be it Enacted that a Publick Road shall be laid out from the most convenient place for a ferry on Great Satilla River to the Boundary line of the Parish of Saint Mary opposite as near as possible to the road laid Out through the pro^dnce of East fforida to Saint Marys River And all Waters Creeks and Rivers within the same shall be and Continue to be called the Ninth south West Division and that the Sev eral male white Inhabitants free Negroes and mulattoes and all Male Slaves within the said Parish shall be and they are hereby Declared to he liable to work within the said Division And that Sampson Ball William Armstrong and Jermyn Wright Esquire shall be and they are hereby declared to be Commissioners or Sur veyors of the Roads -within the same And they are hereby empowered and required to lay out the said Road iu manner as before Directed. That the Commission ers for the parishes of St David St Patrick St Thomas &c St Mary do employ a Surveyor to lay out and mark the Roads And be it Enacted that the Commissioners appointed by this Act to lay Out clear and re pair the Roads to be laid Out through the par ishes of Saint David Saint Patrick Saint Thom- as and Saint ]\Iary shall have power to employ a Surveyor to lay Out and Mark the 'said Roads in the most Convenient Place as by this Act is directed and that the several Commissioners or a majority of them shall and are hereby re quired to attend and direct the said Surveyor in layins' out the same And be it Exacted that the several roads al readv Statutes, Colonial and Revolutionary, 1768-1773. 271 Eoads, Eivers and Greeks. ready laid Out and Established from the line of the Common of Savannah in the Eastern Division and a Road to be laid out from the Main Road on the Island of Skidoway to the most convenient Landing at a place called half moon Bluff on the said Island and also any Other Road that may be Necessary for the Con venience of the Inhabitants of the Sea Islands and all Rivers Creeks and Waters -within the same shall continue to be called the Eastern Di-vision and that the several male white Inhabi- dMsion^*^"^" tants free Negroes and Mulattoes and all male Slaves within the Limits herein after men tioned That is to say to the East ward of Ver non . . . River in a direct line from the Creek which terminates the same do-wn to the persons Plantation of M" Russell and Samuel Bowen work • T r-i TIT therein Esquire inclusive and the said Sea Islands within the parish of Christ Church shall be and they are hereby declared liable to work upon the several Roads within the said Di-vision and that the Honorable Noble Jones and Henry Yonge Esquires John Mullryne .James Deveaux, commissiom- Josiah Tatnell Henry Yonge John Morel Phihp ^""^ Delegal and Archibald Bulloch Esquires shall be and they are hereby declared commissioners or Surveyors of the Roads within the same And Whereas The Inhabitants of the said Sea Islands are under great disadvantages by t^nts ^o"n ^*'*" T 1 il /-VI T HI the Islands reason of the distance they are Obliged to go by Water to Work on the high Roads on the Main 27: Colonial Records Eoads, Eivers and Greeks. Main Be it therefore Enacted that all the Male to have suf- . . . . ficient time Inhabitants residing on the said-lslands on their to go from "^ tetions^'^'o' Attendance on the Roads in maimer as by this Tr^^u. wlfrk Act is directed shall be allowed by the said Commissioners respectively sufficient time to go from their Several Habitations to the places where they shall be Summoned to Work. The South ern di vision And be it Enacted that the Road from the hue of the Common of iSavannah to the Villages of Acton and Vernonburgh Including the Villa ges of Highgate and Hampstead in the Parish of Christ Church and the Waters Creeks and Rivers -within the same shall be and Continue to be called the Southern Di-vision, And that all the Male White Inhabitants Free negroes and Mulattoes and all the male Slaves within the Limits hereafter named That is to Say The In habitants of Acton Vernonburgh Highgate and Hampstead to the Southward of Vernonburgh on Vernon River And the Inhabitants to the eastward of the Plantation of Thomas Nether clift Esquire including the same in a South line from the said Plantation to the river little Oge chee and from said Plantation North to the South west corner of the line of the Common of 1he Tovm of Savannah Shall be and they are hereby Declared to 'be liable to work -within the said Division and that Noble Wimberley Jones Esquire Joseph Butler, David Zubly, John Ja- £°™^*^s*on- mieson and Thomas Netherclift Esquires shall ers names ^ be and they are hereby Declared to be Commis- Personsliable to work therein Sioners Statutes, Colonial and Revolutionary, 1768-1773. 273 Roads, Eivers and Creeks. sioners or Surveyors of the Roads within the same And be it Enacted that the Road heretofore made use of to the Village of Highgate com- gate ™ad monly called the Highgate Road shall be and for the use ¦' ° ° of the in- Continue a Road for the use of the Inhabitants habitants in and about the said village and all other per sons ha-ving occasion to use the same And any Person or persons Stoping up or Obstructing the said Road shall be liable to the fines and penalties herein after mentioned. And be it Enacted that if any Commissioners ^^^ ^^^_ or Surveyors in and by this Act nominated and ^^Ippofnt appointed Shall die depart the pro-vince or de- the room cline to accept the said Office or after accepting •^^j.^g, "^^^^g the same shall refuse to act therein the Commis- ^'¦°-""<=^ *•= sioners or Surveyors of the Division for which such Commissioner or Surveyor was nominated or appointed Shall at Such Time or Times as is in this Act hereafter directed appoint another Commissioner or Surveyor in the room of him so dying departing the Pro-vince declining refu sing or neglecting to Aet as aforesaid unless when a majority of such commissioners or Sur veyors in any one division shall at any one time be dead Depart the Province, neglect decline or ^^^j^^g refuse to act as aforesaid in which Case upon J^fty %t^^' application of the remaining Commissioners or lead -1 • • 1 / • o 1 ¦ upon the Roads or m going to or returning trom working Roads &c or appearing as aforesaid on the same or -within Twenty four hours after such person or persons shaU be discharged from working upon such Road under the penalty of forty Shillings and the service of such warrant or process on any such person or persons is hereby declared to be void to all intents and purposes and during the time aforesaid not any implements of Labour shall be liable to be distrained or taken in Exe cution for any Cause matter or thing whatso ever 278 Colonial Records Eoads, Eivers and Greeks. ever except for any payment or assessment men tioned in, or for any fine or forfeiture incurred by this act, and Excepting Arms and Accoutre ments which shall not be liable to be taken or seized upon any Occasion whatsoever and in case any person shall seize Le-vy or distrain upon any such implements of Labour arms or Accoutrements (except as above excepted) ev ery such person shall forfeit the sum of forty Shillings And be it Enacted that the Commissioners or missioners Survcyors afoTCsaid or any one of them shall may appoint Overseers ^nd hereby have full power and Authority to nominate and appoint one or more overseer or overseers in their respective divisions to attend view manage and direct all Persons working within the same and such overseer or overseers have hereby full power and authority to cor rect any slave or slaves neglecting the work by the Power them to be done by whipping them with a Cow- of Overseers "^ r-i o ^ skin switch or whip not exceeding twenty lashes and in case of any white person Free Negro or Mullattoe neglecting to work or perform the duty required of him or them the commissioners or Surveyors shall upon report and proof thereof by the said overseer or overseers fine every person so offending in a sum not exceed ing five shillings for every such offence and if any person or persons chosen overseer or over seers as aforesaid shall refuse to act as such, or after accepting the same shall neglect to do and perform Statutes, Colonial and Revolutionary, 1768-1773. 279 Eoads, Rivers and Greeks. perform the duty thereof, such person or per sons so refusing or neglecting shall at the dis cretion of the said Commissioners or Surveyors be fined in a Sum not exceeding thirty Shillings for every such offence. And be it Enacted that if any person or per sons whatever shall at any time stop up alter or fhos^e '^ °" stoping of m any wise Damage by stoping of water or by ^a^«^ ,or any means whatever, any of the roads Bridges causfwlyl Causeways, Rivers, Creeks, Passages or Water ^° t 'ourses already laid out or that may hereafter be laid out Cleared & Erected by virtue of this or any former Act or Acts of the General As sembly of this Province every person or persons so offending shall be Summoned and required by The several Commissioners or Surveyors of the divisions where such offence shall be Com mitted or by the Majority of them forthwith to amend clear or repair the same, and in Case of the refusal or neglect of Such party or parties so to do such person or persons so offending shall be fined at the discretion of the said Com missioners or Surveyors in a Sum not Exceed ing five pounds and the said Commissioners or Surveyors or the majority of them are hereby required and empowered to Hire or employ such a number of hands as may be necessary to amend repair and Clear the same and the ex- pence of Such amendment repairing or Clear ing shall be defrayed and paid by the person or persons so neglecting or refusing as afore said 280 Colonial Records Eoads, Rivers and Ore«ks. said which fine and expence Shall on refusal of payment be levied as in this Act is hereafter Directed The width of the Roads Trees left standing 10 feet from the line of the Road And be it Enacted that the several roads al ready laid out or to be laid Out within the Sev eral divisions shall be at least Twenty four feet and not exceeding thirty six feet "wide and that the Trees shall, be left standing Ten feet from the line of the said Road for shading the same except where the Commissioners or Surveyors may think it necessary for drying the Swamps or low Lands on the same in which case they shall have full power to order and cause to be cut do-vm the said trees or as many of them as they shall think necessary for that purpose and in case any person or persons after such road is laid out and cleared shall cut down any Trees gr o-wing -within ten feet as aforesaid (except as before excepted) he or they shall forfeit and pay for every Tree cut down a sum not exceed ing Twenty Shillings Penalty on persons ob structing the passage of Roads &c And be it Enacted that if any person or per sons whatever shall by themselves their slaves or servants (for whom their respective owners managers Employers or masters shall be an swerable) by any means whatever Obstruct or I'Uop the Passage of any of the Roads Bridges rivers or Creeks within any Division in this i^ro vince or hinder or forbid any Traveller from going through or upon the same or Obstruct or oppose Statutes, Colonial and Revolutionary, 1768-1773. 281 Roads, Eiveirs and Greeks. oppose the Commissioners or Surveyors of such °^g "com-'"^ di-visions the Overseers white persons free ne- ciearing^'the groes and Mullattoes or slaves working in and upon or Clearing the same in so doing or in cutting do-wn fitting or making use of any Tp:'ees or timber wood earth sand or Stones in pr near the same for mending making or repair ing the said Roads and Bridges or any Cause way whatever within the same, such Person or persons so offending shall forfeit a Sum not ex ceeding Ten pounds And for the better and more effectual carry ing this act into Execution Be it Enacted that the several Commissioners or Surveyors nomi- missioners nated and appointed or to be Nominated and yearly appointed by -virtue of this Act shall meet yearly and every year on the third Tues day in July and at any Other time the Tuesday 'in Commissioners or Surveyors of the Roads in their several Divisions may appoint, at the most conyenient place -within the re spective parishes or or at the choice of Such to deter- ¦^ ^ mine all Commissioners or Surveyors And then and J^t^^l'^^to'^^' there determine all matters relating to the sev- &Jf Roads eral Roads Bridges Rivers Creeks Causeways Passages or water Courses already laid out erected Cleared or made -within their Respective parishes and also assign any Particular part of the duty to be performed by any particular per son or persons commissioner or Surveyor and to appoint the time or times of working within their 282 Colonial Records Eoads, Eivers and Creeks. their di-visions and if necessary to di-vide the same and Also in pursuance of this act to choose other Commissioners or Surveyors in the room of any dying departing the pro-vince, declining refusing or neglecting to Act, All which shall be agreed upon and determined by the Majority of the Commissioners or Surveyors then Pres ent And Whereas the opening a Safe and con venient Communication by water throughout the Pro-vince is a matter of great Moment to the Interest of the same in General and those di-vi sions that border upon the Several Creeks and Rivers in particular Be it Therefore Enacted that the Commissioners or Surveyors of the sev eral divisions shall be and they are hereby Im powered and required to make any such cut off ^p^ow^red as shall be thought necessary from River to cut-otEs River or from Creek to Creek and to clear and from Creek to Creek &c open the Several Rivers and Creeks within the The Com missioners said di-vision and to employ in such Cutsoff and Clearing the several persons Obliged to work -within such division and every person or per sons refusing to work upon such Cutsoff or in Clearing the Rivers and Creeks as aforesaid when thereunto duly Summoned 'by the Com missioners or Surveyors as aforesaid shall be liable to the same penalties as are in and by this Act Inflicted on those persons who neglect or refuse to work upon the Roads -within the Sev eral Divisions And Statutes, Colonial and Revolutionary, 1768-1773. 283 Eoads, Eiveirs and Greeks. And be it Enacted that wherever the Com- ^ when Com missioners missioners or Surveyors of any division shall by "ppoin^^ virtue of this Act appoint Ferries over the riv ers or Creeks within the same such Commission ers or Surveyors shall agree with a proper per- agree °wuh son to attend the same and provide and find a sons to at- ^ tend the Sufficient Boat or Flat for such Ferry and shall ^^""^ ^^ settle the Rates to be taken for the same which shall be accordingly paid untill altered by the next meeting of the General assembly and that in the appointment of and agreement for at tending such Ferry the preferrence shall al ways be given to those persons upon whose lands such Ferry shall be Established, but in case such Person or Persons shall refuse accept ing the charge of the said Ferry the Commis sioners or Surveyors may and they are hereby Authorized to lay out a piece of Ground not ex ceeding Two acres for the use of the person or persons who may accept the same upon such person or persons paying the Owner or Owners of such Land a reasonable yearly rent to be ascertained by three neighbouring freeholders to be Chosen by the Several Commissioners or Surveyors of the division and Such Owner or Owners And be it Enacted that the Commissioners or Surveyors -within their respective di-visions missioners may lay out upon application being made to them by any ^atht^for person or persons concerned shall and they v'eniency' of hereby have power and Authority to lay out settlements any 284 Colonial Records Eoads, Eivers and Greeks. any private Path for the Conveniency of par ticular Settlements to the nearest publick Road Bridge Ferry or Landing place which Roads are to be Cleared opened and kept in repair solely by and at the joint proportional Expence of the person or persons applying for the same or who shall use the same in Common of which pro portional Expence the said Commissioners or Surveyors are hereby declared to be sole Judges, and if any person or persons who shall have applied to the said Commissioners or Surveyors for laying out the said Roads or who shall make use of such Roads in common shall refuse or neglect to keep the said Roads in repair as aforesaid such person or persons shall be liable to the same penalties and forfeitures as are in and by this Act Inflicted on persons who neg lect or refuse to work on the Publick Roads And be it Enacted that all Fines assessments fines and & forfeitures directed and Inflicted by this act forfeitures how levied shall upou refusal of payment by any Person or Persons assessed or Fined by -virtue of the same be Le-vied by Warrant of Distress and sale of the offenders Goods under the hands and Seals of the majority of the Commissioners or Surveyors of the di-vision in which the same shall be assessed or be Incurred, and directed to any Constable or Other person of their ap pointment of the parish wherein the person or persons offending against this Act refusing to pay and incurring the same Shall reside and shall Statutes, Colonial and Revolutionary, 1768-1773. 285 Eoads, Rivers and Greeks. shall unless other-wise disposed of by the Act, be applied towards the repairs of the Several, Roads Bridges and Causeways or the Clearing of any Rivers or Creeks within such Division and the Commissioners or Surveyors of the Sev eral Di-visions shall be accountable to the Gen eral Assembly or either Branch thereof when thereunto required And be it Enacted that if any Commissioner or Surveyor appointed or to be appointed by penalty on ¦virtue of this Act, shall not Daily and every attending°°on Day attend upon the Roads Rivers and Creeks during%he . working -Withm their respective Di-visions during the time time of Working upon the same or at any or every other time or times by this Act appointed or whenever thereunto required by the majority of the Commissioners 'or Surveyors of such Di-vdsions or if any of the said Commissioners or Surveyors so appointed, shall after accepting the said office refuse or neglect to do and per form the Several duties required of them in and by this Aot then and in Such case such Com missioner or Surveyor shall by and at the dis cretion of the Majority of the Other Commis sioners or Surveyors of his di-vision be adjudged to forfeit a sum not exceeding five pounds to be le-vied and appUed as herein is before directed Pro-\n.ded that this Clause shall not extend or be Construed to extend to inflict any fine or Pen alty on any Commissioner Or Surveyor who after serving by -virtue of this or any former Act 286 Colonial Records Boads, Eiveis and Greeks. Act of Assembly the space of three years, shaU choose to decline the said office Commis sioners or others sued for any matter Act or tiling they do by virtue of this Act may plead the General I.ssue &c monies and forfeitures Incurred in the town division And be it Enacted that if any Commissioner Or Surveyor of the Roads, Overseer, Constable or Other person whatever shall be sued arrested or Impleaded for any matter Act or thing which he or they shall do or cause to be done by -virtue and in pursuance of this Act, it shall and may be lawful for every Commissioner or Surveyor of the Roads, Overseer, Constable and Other person to plead the General Issue and give this Act and the special matter in E-videnee and in case the Plaintiff or prosecutor shall Suffer a discontinuance Enter a Noli prosequi Suffer a non suit or if a ^^erdict or Judgement Shall pass against him he shall pay to every defendant that shall be Acquitted or for whom Judgement shaU pass double Costs of Suit, and any Court where such Prosecution shall be brought is hereby fully authorized and Impowered to Give Judgement and award Execution accordingly. And be it Enacted that all monies raised and forfeitures Incurred by virtue of this Act by Any person or persons liable to Work in the Town di-vision shall be apphed towards keeping in repair and sinking Publick Wells in Savan nah. how dis posed of Axn to prevent doubts and difficulties that might arise Be it further Enacted that the sev eral Statutes, Colonial and Revolutionary, 1768-1773. 287 Eoads, Eivers and Creeks. Commis sioners to eral Commissioners herein named and their Successors Shall Cause an Accurate Survey of cau"e'^^Bxact j.i-r>iTnT-.n. • • • Surveys to the Publick Roads m their respective di-visions t^e^Roads"* to be made and a plan thereof delineated -with the Distance and Courses of the same laid do-wn and mile & and mile and direction posts to be erected which po'g^s""" said Plan shall be kept in the hands of the said ^""^"^"^ Commissioners and their successors. And the Expence of Surveying and delineating the same and erecting such posts to be defrayed by the said Commissioners and their Successors in their several districts or di-visions who are hereby authorized and Impowered to pay the same from and Out of the Pines and forfeitures that shall or may be Incurred and raised under and by virtue of this Act any thing herein con tained to the contrary in any wise not-with standing And be it Enacted that this Act shall con- ^^ continue tinue and be in force for and during the term of ^^^^ ''®*" three years And from thence to the end of the then next Session of the General Assembly and no longer By Order of the Commons House of Assem bly William Young Speaker By order of the Upper House of Assembly James Habersham President Council 288 Colonial Records Hunting and Killing Deer by Fire Light. Council Chamber 29'" September 1773 Assented to Ja. Wright Georgia Secretarys Office A true Copy taken from the Original in this Office Examined & Certified by Tho' Moodie D Sec"^ Title Preamble Enacted (State Archives.) AN ACT To prevent the Mischiefs arising from the Prac tice of Hunting and Killing deer by fire light in the night time. Whereas the dangerous practice of hunting by fire Ught in the night time under pretence of kiUing Deer is now become very common by means whereof Cattie are frequently destroyed to the manifest injury of the Owners of the same for remedy thereof & in order to prevent as much as may be the hke mischiefs in future We humbly pray his most Sacred Majesty that it may be Enacted And be it Enacted by HiS' Excellency Statutes, Colonial and Revolutionary, 1768-1773. 289 Hunting and Killing Deer hy Fire Light. Excellency Sir James Wright Baronet Cap tain General and Governor in Chief in and over his Majestys Province of Georgia by and with the Advice and Consent of the Honourable Council and 'the Commons house of Assembly That per- of the said Province in General Assembly met \^\^^' ^"'^ and by the Authority of the same That from and after the first day of June next ensuing the passing of this Act if any person or persons -within the province (Free Indians in amity inciosu^s. wth this Province excepted) Shall hunt by fire light or kill any Deer so hunting by fire-light in the night time -without his or their own In- closures every such person being thereof convict ed upon the Oath of one or more Witness or Wit nesses before one or more Justice or Justices of the peace for the parish in which such Offence S'hall be committed (which Oath such Justice or Justices are hereby empowered to adminis- ghaii forfeit ter) shall for every such Offence forfeit and pay the Sum of five pounds one moiety thereof shall be paid to the Informer or Informers and the other moiety shall be paid and applied to the use of the Poor of the Parish where such of fence shall be committed And be it further . . forfeiture Enacted by the authority aforesaid that the how Levied forfeiture incurred by this Act as aforesaid shall be levied by distress and Sale of the offen ders goods and chattels by warrant under the hands and Seal or hands and Seals of the Jus tice or Justices before whom the person or per sons so incurring shall be con-victed (which warrant such Justice or Justices is and are hereby 290 Colonial Records Hunting and Killing Deer by Fire Light. hereby empowered to grant) returning the Over plus if any to the O-wner or O'wners thereof after deducting the said Penalty or forfeiture, and the charge of such distress and Sale, and in case the person or persons so offending and convicted shall have no Goods and Chattels suf ficient to answer such penalty and forfeiture then it shall and may be la-wf uU for such Justice or Justices by Warrant to commit such Offender or Offenders to the publick Goal at Savannah or the Goal for the Parish where such Offence shall be committed for any time not exceeding one Callender month nor for less than twenty days, or untill suoh penalty or forfeiture shall be paid there to be and remain -without bail or Mainprize And be it further Enacted that this Act and iS fo?ce""^ every thing contained therein shall continue and two years. , • » c> ,-, be in torce tor the spa;ce of two years and no longer. By order of the Commons House of Assem bly WILLM. YOUNG Speaker By order of the Upper House of Assembly JAMES HABERSHAM President. Council Chamber 29'" September 1773. Assented to Ja. Wright. ¦' , State Statutes, Colonial and Revolutionary, 1768-1773. 291 Better Ordering Militia. (State Archives.) AN ACT For the better ordering the Militia. ^^^^^ Whereas a Well Ordered and disciplined Militia is Essentially necessary to the Safety ""^^^ Peace and Prosperity of this Province And Whereas the Governor and Commander in Chief for the time being hath full Power and Authority from time to time to Constitute and Appoint and give Commissions to such Persons as He Shall think fit to be Colonels, Majors, Ad jutants, Captains and other Commission Officers We Humbly pray your Most 'Sacred Majesty Enacted that it may be Enacted and be it En acted by His Excellency Sir James Wright Baronet Captain General and Governor in Chief in and over his Majesty's Pro-vince of Georgia by and -with the Ad-vice and Consent of his Majestys Honorable Coun cil and the Commons House of Assembly of •' That the the said Pro-vince in General Assembly met and 5,°^?™°^.. by the authority of the Same That it shall and l^evsfn7 may be Lawful to and for the Governor or eo years within the Commander m Chief for the time being to as- ¦^n'y'l'o''^ semble and call together all male Persons in So^ini*e°s this Province from the Age of Sixteen Years to case'^of 'in surrections. Sixty Years withm the Towns Di-visions, Par- S."- *"* ^^^^ ^ ' them to i.shes and all Places within this Province at fuch.'^^^^ such times, and arm and array them in such manner as is hereafter expressed and declared and 292 Colonial Records Better Ordering Militia. and to form them into Companies Troops and Regiments and in case of Insurrection Rebel lion or Invasion them to Lead Conduct and Em ploy or cause to be Lead Conducted and Em ployed as well within the said To-wns Di-visions Parishes and Places where such Persons reside as into any other Di-vision Parish or Place within this Province for Suppressing all such Insurrections and Rebellions or Repelling such Invasions as may happen to be. Provided al-^^'ays and be it Enacted that ev- Proviso & omt°*com- ^J'y commissioned Officer in the Militia shaU Office?"^ take witliiu Six mouths after he Shall have accepted the Oaths — , ¦ /-^ . . i t /-\ -i his Commission take the Oaths appomted to be taken in and by an Act of the Parliament of Great Britain made in the First year of the Reign of his late Majesty King George the First Intituled an Act for the further Security of his Majesty's Person and Government and the Suc cession of the Crown in 'the Heirs of the late Princess Sophia being Protestants and for Ex tinguishing the hopes of the Pretended Prince of Wales and his open and Secret Abetters as Such Oaths are altered in and by another Act of the Parliament of Great Britain Passed in the Sixth Year of the Reign of his present Ma jesty Intituled an Act for altering the Oath of abjuration and the assurance and for amending so much of an Aet of the Seventh Year of her late Majesty Queen Ann Intituled An Act for the Improvement of the Union of the two King doms Statutes, Colonial and Revolutionary, 1768-1773. 293 Better Ordering Militia. doms as after the time therein Limitted Requires the Delivery of Certain Lists and Copies therein mentioned to Persons Indicted of High Treason or misprison of Treason and also that every suoh Commissioned Officer in the Mihtia shaU Immediately after taking the Oaths aforesaid make repeat and Subscribe the Declaration against Transubstantiation directed to be taken in and by the Several Acts of Parliament in that case made and Pro-vided. And be it further Enacted that in every Di- . . That in -Vision there shall be formed one or more regi- ey^ry dj- , ° vision Regi ment or regiments and within every Parish in JS^every"* ,T ,• -p.. ¦ . r^ parish Com- tne respective Di-\T.sions one or more Company pames be or Companies which Said Regiments and Com panies shall consist of Such Number of Men as the Governor or Commander in Chief for the time being Shall think Proper. And be it further Enacted that it shall and That it may be Lawful to and for the Colonel or in his ^haii be ¦' Lawful for absence the next field Officer of every Regi- offlcS-s^'on ment already formed or hereafter to be formed wh^n any 3 companies on any days and 'times when any three or more assemble J •' •> within 10 of the Companies shall assemble to be trained ^ch^oth^er Mustered or Exercised -within Ten Miles of such "com- . 'lanies In each other to cause Such Companies to Assem- Battalions ble together at some Convenient Place -within the Division or Parish of such Regiment to which Such Companies Shall respectively be long and to train and exercise such Companies in 294 Colonial Records Better Ordering Militia. Excepting the Inhabi tants of the Sea Islands who are to appear only at General Musters, and at Ordinary Musters twice a year. in Battalions in such Manner and form as such Colonel or other Field Officer shall think fit excepting all Such Companies that may hereaf ter be formed upon any Islands upon the Sea Coast And in the meantime the Inhabitants of the said Islands shall not be Obliged by this Act to appear but at the General Musters and at Ordinary Musters not exceeding twice a year. That In ferior Offi cers neglect ing to attend the place of Rendesvous &c. shall forfeit £5. And be it further Enacted that every Cap tain or other Inferior Commissioned Officer of any Company who Shall refuse or neglect to conduct and Lead his Company or to attend the Same to the place of rendezvous of any General Muster hereby appointed or to the Exercising of the Company in Battalions accorduig to the Directions of this Act every Such Captain and other Inferior Commissioned Officer of any Such Companies So refusing or neglecting shall for every Such Offence forfeit and pay the Sum of Five pounds and the said Offences shall be heard tried and determined and the said Fines Levied in the same waj^ and manner as other Offences of Captains and Commanding Officers of Companies b}^' this Act are directed to be tried heard determined and Levied. That Field Officers ap point Gen eral Mus ters once a year, and Command ing Officers of Com paniesExercise them Six times a year — And be it Enacted that it Shall be Lawful for every Colonel or in his absence the next Com manding Field Officer to Appoint one General Muster of their respective regiments once in every year, and also for every Captain or other Commanding Statutes, Colonial and Revolutionary, 1768-1773. 295 Better Ordering Militia. Commanding Officer of the Several Companies to Assemble Muster Train and Exercise theii respective Companies or any of them for Ordi nary Musters not exceeding Six times in one Year gi-ving notice of suoh Muster by beat of Drum or in such other Expeditious Manner as such Colonel Captain or other Commanding Of ficer shall think fit Pro-vided that no Person or Persons whatsoever shall be Compelled or Ob liged at any General Muster to go out of the Di-vision where such person resides nor at Ordi nary Musters to go out of the Parish or above Twelve Miles from where Dwells nor to re main at the place of Ordinary or General Mus-. provided ter above one day except in time of Actual person°re- maln above rebellion Insurrection or Invasion or in other one day Except m cases herein after particularly mentioned — sSrection"' Pro-vided Also that this Act or any thing herein Contained shall be deemed Construed or taken to extend to the gi-ving or declaring any Person riso^'that no -, . ,. ,. ^ person shall tor transporting or sendmg or any ways Com- be com pelling any of his Majesty's Subjects in this ^/-"[^^ ^^^y. Province to March out of the Same. ™°^- And be it Enacted that the Captains of the / That Cap- Several Companies in each Di-vision or Parish th'^Va""^*^ Shall respectively Enter Enhst and EnroU the w'lthin^Their names of all the Male Inhabitants from the cause them to appear Age of Sixteen to Sixty years -within the Sev- ** Musters. eral and respective Parishes and Di-visions and Shall cause the Several Persons so Enlisted to be duly Summoned to appear at the times and Places 296 Colonial Records Better Ordering Militia. Places appointed for Ordinary Musters in each respective Parish and Division and the Pub lishing the Muster days aforesaid Shall be deemed a Sufficient Summons -within the Intent of this Act to Oblige the Persons liable to ap pear At Such Musters and the Persons whose Names shall be so Entered Enlisted and En rolled shall be deemed and held to be Enlisted in and to belong to the Company of that parish or Division in which they shall be so Enlisted and EnroU ed and Shall be obliged to appear at Musters and on all other occasions and to be Subject to the directions of this Act without any further notice whatever. Persons -^^° ^^ ^'^ Enacted That cvcry Person liable p'ear,^ are^to to appear and bear arms at any Exercise Mus- Carry a Gun ,_, . . -t-i-. &ca. ter or Irammg hereby appointed Pursuant to the directions of this Act Shall constantly keep and bring with them to Such Muster Exercise or Training one Gun or Musket fit for Service one Catridge Box with at least Nine Catridges filled with Good Gun Powder and Ball that shall fit his Piece a horn or Flask containing at least a Quarter of a Pound of Gun Powder a shot Pouch with half a pound of BuUetts one Girdle or Belt one Worm and Pricker four Spare Flints a Ball of Bees Wax and a Cork that ShaU fit his Piece a Bayonet Sword or Hatchet of the fitness and 'Sufficiency of which Arms Amuni tion and Accoutrements every Commanding Of ficer of the Company to which Such Person be longs is hereby declared to be Judge. And Statutes, Colonial and Revolutionary, 1768-1773. 297 Better Ordering Militia. And be it Enacted that in case any Person liable to appear and bear arms at Musters shall ilctsrig to^' appear to neglect or refuse to appear compleatly armed forfeit for a i X i . General and furnished as aforesaid at any General Mus- J^en*fy smi- ter of the Regiment to which the Company in o "dlLry'^ one which he is Enlisted and Enrolled shall belong every Such Person shall forfeit and pay a Sum not exceeding Twenty Shillings and in case any Such Person shall neglect or Refuse to appear in manner aforesaid at any ordinary Muster such Person shall forfeit and pay a Sum not Exceeding Ten Shillings which Said Several penalties shall be Recovered and disposed of as is herein after directed. And be it Enacted that it Shall and may be That the Lawful for the Commission Officers of any of officers 6 times in the the Companies or Troops Six times in the year l^^li^^^ and not oftner to take to their assistance if they relid^Jnce of think fit the Serjeants of suoh Companies and at obliged to bear arms any convenient time of the day to Repair to the ^nd view^ places of Residence of any Person or Persons as well those Persons obliged to appear on alarms as other Persons liable to bear arms and Entered and Enlisted in any Such Company and to Demand a Sig-ht of their arms amunition and accoutrements aforesaid and in ease any Per son or Persons shall neglect or Refuse to Pro duce any Such arms amunition and accoutre ments or to Suffer the same to be received and Inspected or if when Produced the said Officers shall find the same defective it shall and may be 298 Colonial Records Better Ordering Militia. be Lawful to and for the said Officers to fine every Person offending herein in any Sum not Exceeding five Shillings and to proceed against him or them for levying the same in all respects after the same manner as is directed for Pro ceeding against Persons who do not appear at ^ , ordinary Musters And Whereas it may be con- And as on ¦' ¦' cas?oni °°" venient and necessary on some Particular and may be as- Special Occasions to assemble the said Compa- sembled. mes at other times than are usually fix:ed for Ordinary Musters Be it therefore Enacted that Enacted wheuevcr any of the said Companies shall be assembled or Mustered on any Particular and That such Spocial Occasions the same Shall be esteemed be esteemed s?l timls^in ^^^ Accounted as one of the Six Times on which the year— ^j^g g^^ Companies are obliged to Muster in one Proviso Year Pro-vided always that the General Muster A^Generai of auy of the Said Companies according to the counted'^'as directions of this Act shall not be esteemed or s"x ttae'l— accounted as of the Six times on which the said . Companies are obliged to Muster in one year and that no Company or Companies be assem bled on such Special and Particular Occasions -without the order command and direction of the Governor or Commander in Chief for the time being Provided Also that this Clause shall not be construed to hinder the assembling of any of the said Companies or parts thereof for sup pressing Insurrections Pirates Sea Rovers and fugitive Slaves. And whereas it may very much contribute to the Statutes, Colonial and Revolutionary, 1768-1773. 299 Better Ordering Militia. the Safety of this Province to have a Troop or Troops of Horse in readiness on Particular and That the Extraordinary occasions Be it Enacted 'that the ^^^^™o°m Governor and Commander in Chief for the time Horse^"^ being may from amongst the Inhabitants who will voluntarily Enlist form a Troop or Troops of Horse not Exceeding in the whole Two Hun dred Men and the Commissioned Officers ap pointed to command such Troop or Troops shall Muster Train and Exercise them not less than Four Times in one year at Savannah or such other place as the Governor or Commander in Chief for the time being shall direct and ap point. And be it Enacted that every person who shall Enhst in the said Troop or Troops so to be ^^fo^r^Vnf formed shall provide himself -with a good and Troops. able Horse and with such Cloaths Arms Amuni tion and furniture as the Majority of the Offi cers shall agree upon and every Person or Per sons so Enlisted in the said Troop or Troops shall be excused and Exempted from any Ser vice in any other Regiment Troop or Company Patrol duty excepted Provided no Person Shall be admitted to Enlist in the said Troop or Troops unless he shall be first approved by the Colonel or other Commanding Officer thereof and every Person So Enlisted shall obtain a cer tificate from the Colonel or Commanding Officer which certificate the person so Enlisted Shall produce to the Captain or commanding Officer of 300 Colonial Records Better Ordering Militia. of the Company of such Division or Parish where the Person so Enlisted shall live and re side and untill the Person so Enlisted shall pro duce to the Captain or Commanding Officer such Certificate he shall be liable to the Penalties and Forfeitures inflicted by this Act for not keeping Arms are not appearing at the Musters Train ings and Exercise directed by this Act and the persons so Enhsted shall not be discharged from the same without giving Three Months Notice in Writing to the Colonel or other commanding Officer aforesaid of his Intent to be discharged and shall produce a Certificate at the end of the said Three months to such Colonel or Command ing Officer that he is Enlisted in the Foot Com pany of the Division or Parish where he resides and upon such notice given and Certificate pro duced he shall be discharged from the said Troop to which he belongs and not other-wise. And be it Enacted That in time of any Ac- Sme'k 'of tual Rebellion Insurrection or Invasion the said the Troops" Troop or Troops shall attend the Governor or shall attend erno?""" Commander in Chief for the time being in any part of this Pro-vince where the said Governor or Commander in Chief for The time being may be in Person, and in suoh times of Rebellion Insurrection or Invasion shall march or go to any place in this Province where the said Gov ernor or Commander in chief for the time being shall Judge their Ser-vice necessary and shall on all other Publick occasions attend the said Governor Statutes, Colonial and Revolutionary, 1768-1773. 301 Better Ordering Militia. Governor or Commander in Chief for the time being upon notice Given in the Publick News Papers or being Personally Summoned by any Person appointed for that purpose by the Colo nel or other commanding Officer and if any Person Enlisted in the said Troop or either of them shall neglect or Refuse to appear at the days and times so appointed upon able Horses and -with such Cloaths Arms Amunition and Accoutrements as the Majority of the Officers shall have agreed upon or after appearing shall Refuse to March when and where Ordered within this Province such Person shall forfeit a Penalty on sum not Exceeding Ten Pounds and if any Per- Refusing. son so Enlisted Shall neglect or Refuse to ap pear at the days and Times appointed for Mus ters armed and accoutred as aforesaid every such Person shall forfeit a Sum not Exceeding Twenty Shillings to be Recovered and applyed as herein after is directed. And be it Enacted that every able Male Per son (Slaves excepted) from the Age of Sixteen sons^ res^d- . ing three years to Sixty years who has once resided and Months in •' •> • the province shall be within this Province for the space of "^ar^rms. three months is hereby declared to be liable to bear arms in the Regiment Troop or Company in this Province or some or one of them accord ing to the Directions of this Act except the sev eral persons herein after particularly mentioned who shall be excused or exempted from appear ing at General and Ordinary Musters at such times CoLoxiAL Records Better Ordering Militia. times and in such manner as is herein after mentioned and provided That is to say all such Persons who are members of his Majestys Coun cil and their Officers the Members of the As sembly and their Officers the Chief Justice and Justices of the General Court (not being Offi cers of any Regiment Trooj) or Company) the Attorney General the Secretary of the Province the Receiver General and Auditor the Attornies Officers of the General I'ourt the Clerk of the Crown and Peace the Provost Marshal the Master and Register of the high Court of Chan- Bxcepted cerv the Judge of the Vice Admiralty the offi cers of his Majesty's Customes the Surveyor General of his Majesty's Lands the Clergy and such Students of Di-vinity at Bethesda whose names shall be delivered to the Governor or Commander in Chief for the time being the Cate- chists, the Publick Treasurer the Powder Re ceiver Comptrollers Waiters and Commissary and his Majesty's Justices of the Peace who shall Quallif y themselves and Act as such Practi tioners in Physic and Surgery and Apothecaries who shall practice as such also Pilots and Ferry men Goal ers of common Goals and Wardens of Work Houses and no other Pro-vided that all the Persons aforesaid (the members of his ^ [a jestys Honourable Council the Assembly and their Officers The Chief Justice The Clerk of Cro-wn and Peace Goalers of Common Goals and Wardens of Work Houses not being Officers in any Troop or Company Pilots and Ferry men only Statutes, Colonial and Revolutionary, 1768-1773. 303 Better Ordering Militia. only excepted) shall in time of Rebellion Insur rection or Actual Invasion attend under the proper Colours of the Company in the Division or Parish in which such persons shall actually live and reside compleatly armed FHirnished as in and by this Act directed for Private men in the Companies of Foot or shall attend the Governor or Commander in Chief for the time being with Horse and Arms in the same manner as the Troop or Troops are herein before di rected on pain of Forfeiting a Sum not Ex ceeding Ten Pounds. And be it Enacted that every Master or indented other Person who hath the power over Govern- ants to"^^" appear at ment or Command of any Indented Man Ser- Musters •^ properly ac- vant who shall be Employed within this Prov- \^t^^^ ^* ince shall at his and their own proper costs and Expence '^barges furnish and provide every such In dented Servant during his Servitude -with the arms Amunition and Furniture directed by this Act and every Master and other Person Shall constantly keep such arms amunition and Fur niture for every such Indented Servant and shall send him or them so compleatly armed and Furnished to aU Musters Trainings and Exer cises directed by this Act and in case such In dented Servant shall not appear or his arms Amunition and Furniture be found defective the Master or other person ha-ving the Government of such Indented Servant shall on Default made in any of the premises be subject to the same Penalties 304 Colonial Records Better Ordering Militia. Penalties inflicted on other Persons liable to appear by this Act Provided that if any such Servant duly Furnished and Provided as is herein before directed and sent to muster by the Master or other Person under whose Gov ernment such Servant shall be, shall of his o-wn accord neglect or Refuse to appear at any Train ing Muster or Exercise appointed by this Act the Master or other Person under whose Gov ernment such Servant may be shall be liable to the Penalties by this Act Inflicted for the De fault of such Servant and every such Servant so offending shall be obliged to serve the said Master two weeks for everj^ Penalty so paid by his Master or other Person as aforesaid. Servants freed from Servitude allowed Six Months to provideArms. Axd be it Enacted that every Servant who shall be freed and discharged from his Servi tude shall be allowed Six months after such dis charge to provide himself with the Arms Amu nitioii and Furniture by this Act directed and Required and untill the said Term is expired he is hereby freed and Exempted from the Pen alties Inflicted by this Act. No civil Officer to Execute any process (un less for Treason &c) on persons obliged to bear arms in going to at or re turning from any Cluster. And be it Enacted that no civil Officer shall on any Pretence execute any Process (unless for Treason Felony or Breach of the Peace) on an}' person at any Muster or other Time when such Person shall be obliged to bear arms in pursuance of the directions of this Act nor in going to staying at or Returning from any Mus ter Statutes, Colonial and Revolutionary, 1768-1773. 305 Better Ordering Militia. ter or Place of Rendesvous or -within Twenty four Hours after such person shall be dis charged from appearing in the Company Regi ment or Troop to which he shall belong under the penalty of Forty Shillings and the Service of any Process on any such Persons is hereby declared void to all Intents and purposes and all arms Amunition and Furniture which are Required by this Act to be pro-vided shall not be liable to be Seized distrained or taken in Ex ecution for any Act Cause matter or Thing and in case any Person shall Seize Le-vy or distrain upon any such arms amunition and furniture contrary to this Act every such Person Shall Forfeit a Sum not exceeding Forty Shillings to be Sued for and Recovered as is herein after directed. And be it Enacted that in case any Person ^^^.^ ^^ ^^^ obliged to bear arms whilst the Regiment Troop "nder^"^^" or Company to which he shall belong shall be under arms or in array shall neglect or refuse to fire his Gun not exceeding Six times each Muster day or Willingly neglect or Refuse to do his duty or to obey the Lawful commands of his Officer or if any Suoh Militia Man be drunk at the time of this Exercising the Majority of the Officers of the Troop or Company to which such person shall belong if the offence be com mitted in a single Troop or Company or any Two Field Officers of the Regiment to which such Person shall belong if the offence be com mitted Arms — 306 Colonial Records Better Ordering Militia. And how they are to be pun ished — mitted in a Regiment shall have full Power and authority to inflict on the Person so offending auy Pecuniary Fine not exceeding Twenty Shillings and in case any Person shall be diso bedient or Raise any Mutiny or Sedition in such Regiment Troop or Company Under arms or in Array such Person shall be liable to a fine not exceeding Forty Shillings and the said offi cers Respectively over and above such Pecuni ary Fine may Imprison or confine the offender untill such time as the Regiment Troop or Com pany to which the offender shall belong shall be discharged from bearing arms on the occasion for which they are assembled. -When per sons obliged to bear arms removefrom one Division to another. The penal ties in flicted untill they pro duce a Cer tificate of their being iniisted in the other — And be it Enacted that in case any person obliged to bear arms shall remove from one parish Division or place to any other it shall and may be lawful for the Captain or command ing officer of the Company to which such person last belonged to Le-vy the Penalties inflicted by this Act for not appearing at Muster or for not having or being provided with sufficient arms Amunition and Furniture in the same manner as if such person had not removed from the Parish Division or place to which he belonged untill such time as the person so remo-ving shall produce a certificate from the colonel or com manding Officer of the Troop or from the Cap tain or commanding Officer of the Company of the Di-vision or Parish into which such person shall remove that such person is Entered En listed St-\tutes, Colonial and Revolutionary, 1768-1773. 307 Better Ordering Militia. listed and Enrolled in the company of such Captain or commanding Officer of the Division or Parish into which such Person is removed. And whereas to Repell the Invasion of any Publick Enemy and to Suppress any dangerous in case of T • -nil'- 1111 Invasion of Insurrection or Rebellion it may be absolutely any Enemy f •' Of Danger- necessary to assemble and Raise part of the rections— " Militia Be it Enacted That if the Governor or Commander in Chief for the time being shall re ceive advice from any credible Person or Per sons in his Majestys Dominions or Foreign parts or otherwise that any foreign Enemy or armed force suddenly Intend to Invade this Province or if any dangerous Insurrection or Rebellion be actually raised in this pro-vince which cannot be suppressed by one single com pany It shall and be Lawful for the said Gov ernor or Commander in Chief for the time be ing by and with the advice and consent of the Majority then Present of his Majesty's Coun cil to raise and assemble such and so many of ' the Regiments Troops or Companies as the said Governor or Commander in Chief for the time being by ami with the advice aforesaid shall think sufficient to suppress and repell such In vasion Rebellion or Insurrection as may happen and for the more Effectual Execution thereof it shall and be Lawful for the said Governor or Commander in Chief for the time being by and with the ad-vice and Consent aforesaid to make and Publish or cause to be made and Published an 308 Colonial Records Better Ordering Militia. what Duty is requisite. an alarm throughout the pro-vince 'by firing Six Guns two at a time at three Minutes distance, or by Sending Orders and Expresses to the Field Officers or other Officers of the Militia to raise their several and respective regiments Troops and Companies or such part thereof as shall be ordered and directed to March and Rendesvous at such proper times and Places -within this province as the said Governor or Commander in Chief for the time being shall think fit And the said Alarm shall be carried on throughout the province by all the Commissioned Officers of the Militia by fireing Three Small at Convenient Intervals from place to place and by spedily raising their several Companies and taking all proper and Effectual means to give Notice of the Motion of the Enemy and forwarding -with the utmost Expidition all necessary Information to the Governor or Commander in Chief for the time being and by putting in Execution all such Orders as they shall receive from the Superior Officers. How an Alarm Is made — And be it Enacted that an Alarm shall be made by any Commissioned Militia Officer by fireing three small arms on sight of any Enemy or on Information of any Enemy appearing or mischief done by any Enemy from any person of Credit who hath seen the same of the credi bility of which the said Officer shall be Judge and every alarm shall be carried on by all per sons hearing or having Knowledge of the same by Statutes, Colonial and Revolutionary, 1768-1773. 309 Better Ordering Militia. by fireing three small arms distinctly and the said Officer who fired the Alarm shall raise the Company of which he is an Officer by beat of Drum or by Ordering men to warn their Neigh bours till the company can be got together And also the Commanding Officer of the said Com pany shall -with all Convenient speed dispatch two Expresses one to the Governor or Comman der in Chief for the time being and the other to the next Field Officer of the Regiment to which the said Company belongs "with an Account of the cause of the Alarm so made upon which No tice the said Field Officer shall have power to raise any Number of Men of the regiment he belongs to and to March to the Assistance of any of the Inhabitants who are in danger. And be it Enacted that if any person by this Act liable to bear Arms shall in time of such Alarm neglect or refuse to use his utmost Means Penalties on persons and Endeavours to Convey and Communicate ^^^^^^i"^ the said Alarm or Notice of the Enemys ap- f^J"'"^^^ A 1 fir TTi proach every such person shall forfeit and pay a Sum not exceeding Five pounds, and in case any such Person after he hath Notice of an Alarm shall not forth-with repair complately Armed and Accoutered as aforesaid with all Convenient speed to the place where the regi- ^ ^ ^ ^ And on per- ment Troop or Company to which he shall be- apSlaring long shall be appointed to rendesvous every Tia^ml:" such person shall forfeit a Sum not exceeding Ten pounds and in Case the Company or Troop to 310 Colonial Records Better Ordering Militia. to which such person shall belong shall be En gaged with the Enemy before such person shall appear in the said Regiment Troop or Company in every such case the person not Appearing as aforesaid shall forfeit a sum not Exceeding Twenty Pounds. And Whereas several parts of the pro-vince are exposed to depredations from Pirates and Sea Rovers and are in danger of Incursions As Several parts of the provinceposed to from Indians and are frequently infested -with pirates ^ "^ Indians &c. Fugitive Slaves whose Sudden attempts may prove fatal to many of his Majesty's Subjects before notice can be given to his Majesty's Governor or Commander in Chief for the time being therefore for the more Effectual prevent ing repelling and suppressing the same Be it Commis- Enacted that it shall and mav be la-wful for sioned S^in that svery commission Officer in the Militia when Tespect— occasion requires to assemble any number of men belonging to their respective Companies and if need be to give notice and call to their aid the Officers and men of any adjacent com panies to distress disperse and kill destroy apprehend take or subdue, any Pirate Sea Rover Indian or other Enemy who shall in a hostile manner Invade or attempt to Invade this Province or hurt any of his Majesty's Sub jects and also to Suppress and apprehend any Company of Slaves met together or lurking in any suspected places where they may do mis chief or shall have absented themselves from the Statutes, Colonial and Revolutionary, 1768-1773. 311 Better Ordering Militia. the service of their owners and in case any Per son liable to bear arms shall neglect or refuse to appear upon Notice given by any commis sioned Officer of the Tj'^oop or Company to which such person shall belong or appearing shall not obey the said Officer or not being com pleatly armed and Furnished every such Person for every such neglect or Refusal shall forfeit a Sum not exceeding Forty Shillings. And be it Enacted that in time of Invasion In time of or Insurrection and when it shall be found nee- ^JJJ^?j.°^. *"¦ essary to march the several regiments Troops "°''~ or Companies or any of them out of their proper Divisions or parishes one fourth part at least of every Company shall stay and remain in March out their respective Parishes and be formed into Pr°p^^'- Patrols under the command of such Officers as the commissioned Officers of the company shall direct and appoint untill the Governor or Com mander in Chief for the time being shall com- And who mission and appoint a Commander or Officer ^f^ g^y for each of such Patrols under whose Command respectively they shall Continue untill the rest of the Company shall return and be discharged from bearing arms And the Patrol so formed shall be Obliged to be on Constant Duty ride Patrol Guard the Plantations keep Guards Watches and Centinels at proper and Conven ient places to give Notice of Danger or for the more speedy Conveying Intelligence to the Gov ernor or Commander in Chief for the time be ing 312 Colonial Records Better Ordering Militia. ing or any Army which shall be raised and Assem'bled by his Command and in case any Person or Persons staying or remaining as aforesaid in any of the parishes to which he or they shall belong shall neglect or refuse to ride Patrol Watch Stand Centinel keep Guard or do other duty hereby enjoyned or required or shall refuse to obey the Lawful Commands of any person appointed to Command such Patrol every person so Offending shall forfeit a sum not Exceeding Ten pounds. The Method of Drawing the Names of such persons who are to March. And be it Enacted that in all times of In vasion Rebellion or Insurrection when any Company shall receive Orders to march out of It's Division or parish the Captain or other Commanding Officer present shall cause the names of all the persons who are Entered En listed and Enrolled in the Muster Roll of such company (Officers Excepted) to be wrote down on small Scrols' of paper which shall be rolled or folded up and put into a Hatt and Shaken together and the Clerk or Serjeants of the said Company shall draw out of the Hatt the names of so many Persons as will not exceed three- fourth parts of the said Company and the per sons whose names shall be so drawn shall be obliged to march according to such Orders as shall be given by the Governor or Commander in Chief for the time being and according to the directions of this Act And the rest whose names shall be left in the Hatt shall stav in their Statutes, Colonial and Revolutionary, 1768-1773. 313 Better Ordering Militia. their respective divisions and Parishes and Shall do the duty of the patrol hereby directed to be formed and that no Officer of any Com pany shall be excused from Marching with the company for which he is appointed unless by particular Orders from the Governor or Com mander in Chief for the time being in which case such Officer staying shall be Commanding Officer of that part of the Company left in It's district And that if any person whose name shall be drawn as aforesaid and who shall be thereby Obliged to march out of his Division or parish can provide an Able man to be approved of by the Majority of the Officers of the Com pany to which such person belongs Compleatly armed Accoutered and furnished every such person shall be permitted and at Liberty to do So and upon producing and sending out such able Man in his Stead shall be excused from go ing out or Marching in Person but shall be Obliged to perform Patrol Duty and be Subject to aU the penalties and forfeitures inflicted by this Aot on such as shall be Guilty of Disobe dience or shall neglect or refuse to ride such Patrol. And be it Enacted that in time of Alarm ^ ^. In time of made upon any Insurrection RebeUion or In- offlcS-s^&c. vasion all Field Officers and Captains be and ^ess™ro- they are hereby empowered by themselves or their Warrant to any Inferior Officer or pri vate man to Impress any pro-visions Horses Boats 314 Colonial Records Better Ordering Militia. appraised. Boats Canoes Pettiauguas and Vessells -with their Furniture or whatever other things they shall have need of for the service of this Pro vince Provided Always that the same be first appraised 'by three or more indifferent Free- shrii'be*'^ holders supposed to have Judgment in the respective things so Impressed, and the said Officer shall give a receipt for the same to the o-wner thereof if he Conveniently can and cause the Clerk or Clerks to enter the same in a Book to be kept for that purpose and the said Ap praisers shall appraise and ascertain any Loss or Damage that shall befall the said Effects so Impressed or allow a Competent hire for the same when returned to the said O-wners as the case shall require and the same shall be given under the Hands of the Appraisers to the O-wner or Owners thereof directed to the Public Treas urer who shall pay the same out of any Funds "^aid foi^ ^^ ^^^ Hands unappropriated upon an Order of the Governor or Commander in Chief for the time being by and -with the advice and Consent of his Majesty's Honorable Council the same to be afterwards replaced in such manner as the General Assembly shall think proper And Also that the Commanding Officer of such Com pany after such Alarm shall be over and before his Company shall be discharged shall order so many Men as he shall think fit to carry such Horses Canoes Boats Pettiaguas and Vessels or what other things they shall have Impressed to the respective owners from whom they were taken Statutes, Colonial and Revolutionary, 1768-1773. 315 Better Ordering Militia. taken the owners gi-ving their receipts upon redelivery of the same and the said Com manding Officer is hereby empowered to draw an Order or Orders on the said Treasurer payable to the Persons aforesaid for so much Money as he shall think the said Persons for carrying home any of the Things herein before mentioned deserve to be paid as aforesaid. And be it Enacted that in case of actual In vasion or upon imminent danger thereof or in case of Rebellion as aforesaid it shall and may . " Justices of be Lawful for any Justice of the peace being iglu^^^l/'' thereunto required by an Order from the Gov- coS'stawes ernor or Commander in Chief for the time pro™itio\ for Car- being or he not being present from the Colonel vAfons*"^"' or other Chief Commissioned Officer of any anTmtS to regiment Company or Detachment of Militia to Issue a Warrant to the Constables of the respective Divisions or Districts from near or to which any regiment or Company of Militia or any Detachment or Troop thereof, shall be Ordered to March requiring such Constables to make such provision for Carriages of Pro- -visions Arms Ammunition Cloaths and Accou trements or other Warlike Materials with able Men to drive such carriages as may be men tioned in the said Order and such Colonel or Commanding Officer that shall demand such carriages of such Constable is hereby required at the same time to give to the Owner or Own ers of such carriage a Certificate of the same 'being 316 Colonial Records Better Ordering Militia. being taken into the Publick Service and the number of days they do Continue therein shall be certified by the Officer returning the same and the O-wners thereof shall be entituled unto and receive from the Publick at the rate of Three Shillings each day for every Waggon and Tackling or Harness for four Horses and for every Cart and Tackling or Harness for four Horses Two Shillings for every Horse one shil ling and for every Yoke of Oxen one shilling and Six pence and for every able Bodied Man employed to drive such Carriages TWo Shil lings and all Carriages Horses and Oxen so And how provided shall when taken into Ser-vice be they are to and^paid^^*^ appraised and valued in the manner herein before directed and if any Loss or Damage shall happen the same shall be ascertained in the same method as is herein before directed for Impressed Boats Canoes and Pettiaguas and other vessels and the necessary Provisions for every Horse and Ox so impressed shall be pro vided at the expence of the Publick. And be it Enacted that the Commanding The Duty of „^ n i i n i i . the Com- Umcer 01 each company shall lodffe m some mandmg jr ./ o rilplct't"^ convenient and Secure place for the Publick use the pro^s"-^ all the provisions and Amunition impressed by ions and . ammunition him OT them or by Virtue of his or their War- Impressed &c. rant and that shall remain unexpended after an alarm and that he shall take a particular account thereof and transmit the same to the Publick Commissary -within fourteen days after such Statutes, Colonial and Revolutionary, 1768-1773. 317 Better Ordering Militia. such alarm is over and the said Commissary is hereby required to lay such Accounts before the Governor or Commander in Chief for the time being who is hereby authorised and em powered by and -with the advice and consent of his Majesty's Council to Order such remain ing stores to be sold and the monies arising therefrom to be paid into the Treasury to be disposed of as the General Assembly shall di rect. And be it Enacted that if any Officer of Mih tia or other person shall knowingly or wilfully others^ °'^ m- (. 1 1- T • T • Offending in Time of rebellion Insurrection or Invasion against this Act for offend against this Act for which no particular pe'^aity^^s penalty is herein inflicted every person so of- shaii'^for- felt fending shall forfeit and pay the several pen alties and forfeitures folio-wing that is to say if the person so offending be a commissioned Of ficer of the Militia above the Degree of a Cap tain the several persons hereby empowered to hear and determine offences committed against this Act shall and may and they are hereby au thorized and empowered to inflict on such per son a pecuniary Fine not exceeding the Sum of The for- f fii tu 1*^^ Fifty pounds and in case the person offending shall be a Captain or any Inferior Commis sioned Officer under the degree of a Captain in the Militia a sum not Exceeding Thirty pounds. And if any non Commissioned Officer of the respective Troops or Companies or any Private person that is obliged to bear Arms shall offend as 318 Colonial Records Better Ordering Militia. as aforesaid a Sum not exceeding Ten pounds but if the person so offending shall be an In dented Servant and shall have no goods to be Levied on or shall neglect or refuse to pay the fine which shall be inflicted as aforesaid for the space of Ten days he shall receive Corporal Punishment not exceeding Forty lashes with a Whip or Switch on the bare back. And be it Enacted that the Captain of each Tlie Cap- Company shall have power to appoint any two- appoint Persons belong-ina- to their respective Com- Serjeants. o o i panies who are obliged to appear at Common Musters to be Serjeants of the said Companies who shall be Obliged to Act and continue as such for the Term of one year And if any per son after he shall be appointed shall neglect or refuse to perform his duty as Sergeant the Per son Offending in either case shall for every Offence forfeit the sum of Forty Shillings to be recovered as other fines in this Act are di rected Provided Always that no person shall be subject to serve in the said Office more than once in Seven years. And be it Enacted That all offences against jjo^ this shall be heard and determined in manner a^nst^this followiug That is to Say all Offences Committed jfc f>+ gh3.ll l)P heard & bj" anv Field Officer shall be heard and deter- Determlned. mined by the Governor or Commander in Chief for the time being and the Majority of Ms Majesty's Honorable Council then residing in the Province and in case the said Governor or Commander Statutes, Colonial and Revolutionary, 1768-1773. 319 Better Ordering Militia. Commander in CMef shall refuse to sit at such hearing then by the Majority of Ms Majesty's Honorable Council residing in the provinoe to be summoned by Warrant from the Governor or Commander in Chief for the time being And all Offences committed by any Captain or in ferior Commissioned Officer shall be heard and determined by Warrant from the Governor or Commander in Chief for the time being directed to Two Field Officers who shall Convene at Least five other Commissioned Officers to be joined with them for that purpose and all Of fences Committed by any non Commissioned Officer or Private person shall be heard and -determined by the "Commissioned Officers of the Troop or Company to which suoh person shall belong at any such time or times place or places as the said Officers shall think fit to Assemble and meet Together and the Governor or Com mander in Chief for the time being Council or Officers shall proceed against such Offender or Offenders so summoned in the most expiditious and Summary way without observing formali ties of Law only examining into the Truth of the case by Witnesses upon Oath which Oath the Senior Member of the Council or the Com manding Officer present as the case may be are hereby respectively authorized to administer and such other Evidence as can be Spedely had and upon Con-viction of any Offender the Gov ernor or Commander in Chief for the time be ing his Majesty's Council or Officers respec tively 320 Colonial Records Better Ordering Militia. The Method of summon ing De faulters. tively as the case may be are fully authorised and empowered to le-vy the penalties inflicted by Warrant of distress and Sale of the Offenders Goods returning the overplus if any there be. And whereas it may be found difficult per sonally to summon Defaulters Be it therefore Enacted that the Serjeants of the Several Com panies shall give ten days Notice at least to all such Defaulters by advertising in Writing in the most Publick places -within the Division of the Company to which such Defaulter shall belong the same shall be deemed to all intents and purposes equal to personal ser-vice which advertisement shall be to the following Effect viz': you are hereby Summoned to be and appear before the Com missioned Officers of the Company in which you are Enrolled commanded by on next at the House of to shew cause if any you have why you should not be fined of this fail not at your peril dated at the day of A. B. Serjeant and for AVant of such distress then the person presiding at either Board as the case ma^^ be shall by AVarrant under his Hand and Seal Committ the party Offending to the nearest Common Goal which Warrant shall be in the form herein after directed. And be it further Enacted that every War rant Issued for the levying of any fine or where no Statutes, Colonial and Revolutionary, 1768-1773. 321 Better Ordering Militia. no distress can be made, for the Imprisonment of any delinquent under tMs Act by any Person Presiding at any such Council Board or by any Commissioned Officer or Officers as the case may be and which they are hereby respec tively Impowered to Issue shall be in the form The war rant of and to the Effect following — Whereas Distress. a Person enlisted and liable to bear arms in the said Company is by duly adjudged and he the said has forfeited for the Offence aforesaid the sum of which Sum the said has neglected to pay by the space of Ten days next after the adjudication These are there fore in his Majestys name to charge and Com mand you and each of you forthwith to Le-vy and cause to be made of the Goods and Chattels of the said the sum of and the same Goods and Chattels you shall ex pose to Sale and sell at Publick Outcry first giving Ten days notice of such sale and out of the Monies therefrom arising you are first to deduct and keep the said sum of and all reasonable Charges and Expences and the overplus if any there be you shall return or tender to the said and if no Goods or Chattels can be found whereon to Le-vy the said sum of then and in such case you are hereby Commanded to take the Body of the said and him Safely convey to the nearest Goal and de liver him to the keeper thereof Commanding you 322 Colonial Records Better Ordering Militia. you the said keeper to receive the Body of the said and detain him in your Custody untill he shall pay and discharge the Fine aforesaid together with all Costs and Charges attending the execution hereof and the Charges of detaining in Custody or untill he shall otherwise be Legally discharged hereof fail not and tMs shall be your Sufficient War rant and in case the person against whom such Warrant shall be Granted shaU be refractory and refuse to give obedience thereunto the Con stables or Serjeants aforesaid or other person or persons to whom such Warrant shall be di rected are hereby required and empowered to apprehend and Convey such Offender to the nearest common Goal and the Expences attend ing the Execution of the said Warrant shall be ascertained by any two Justices of the peace agreeable to the Act entitled An Act for the more easy and speedy recovery of small Debts and Damages and the said Justices are hereby required to do the same without Fee or reward and in case the same be not discharged within ten days then the offender to be Committed to Goal for a Term not exceeding Fourteen days. ,, ,. , And be it Enacted that in case any person Marshals or j r fetlliStto ^^0 shall be nominated and appointed Marshal f'elt fort^" or Serjeant of a Company after Notice of such shllllnga. AT • i- A ¦ , iN'omination or Appointment shall refuse or neglect to execute any Warrant or precept Is sued in pursuance of the direction of this Act And Statutes, Colonial and Revolutionary, 1768-1773. 323 Better Ordering Militia. and to him or them directed for the space of twenty days after the receipt thereof the said Marshal or Serjeant shall respectively forfeit for each Offence the sum of Forty Shillings. And be it further Enacted that if any such Constable or other Officer appointed shall wil- Gonst?bles fully neglect or refuse to execute any such ofli°ers®^i.e- Warrant of any Justice of the peace every such Exe'cute°a Offender shall forfeit a sum not exceeding forfeit f2o Twenty pounds Sterling and every such Offence may be heard and determined by any Two Jus tices of the peace -within the parish where such Offence shall be Committed which Justices shall by Warrant under their hands and Seals cause the said Penalty to be Levied by distress and ^""^ ^^'''^^ Sale of the Offender's Goods and Chattels ren dering the Overplus if any on demand after deducting the Charges of such distress and sale to such Offender upon whom such distress shall have been made as aforesaid. And be it Enacted that in case any Male persons set- Person who has been in this Province for the the^divil^ion Ifi not H SPPT*" space of three months shall Settle himself and tain'd shau enlist in the reside in any part of this province where the ?h™'paHsh' bounds or division of the Parish are not cer- resitol^ce'!'^ tainly known and ascertained every such Per son shall be Enlisted and Enrolled in the Com pany of that parish or di-vision which is nearest to the residence or habitation of such person and such person shall be deemed and adjudged as 324 Colonial Records Better Ordering Militia. as belonging to such nearest Company to aU Intents and purposes whatsoever. And Whereas it has been found by Experi ence that several Negroes and other Slaves have in time of War behaved themselves -with great faithfulness and Courage in repelling the Attacks of Ms Majesty's Enemies in their descents on other Pro-vinces and have thereby demonstrated that trust and Confidence may in some instances be reposed in them And Where as it is necessary that the Male Slaves in tMs Province should be rendered as ser-viceable as possible in time of War or Invasion of a for- vltull^riift eign Enemy for the better Effecting whereof ' Be it further Enacted that every Master Mis tress Q-wner Manager Attorney or Trustee of or for any Slaves in this Pro-vince shall within Six Months next after the passing of tMs Act return to the Commanding Officer of the respec tive Companies of Militia in whose beat or pre cinct such slaves do live and reside or are Com monly used or Employed a true and faithful list in Writing of all the Male Slaves of such persons who are under their care and Manage ment from the Age of Sixteen to Sixty years as they can Recommend as Capable and faith ful Slaves. And be it Enacted that the Governor or Commander in Chief for the time being be and is hereby authorized and empowered to direct and order the several Captains of the Compan ies Masters &c. of Slaves to full Male Slaves to the Captain of the Com pany in whose Beat they are. The Gov ernor may give Direc tions to the Captains to Enlist such Slaves — Statutes, Colonial and Revolutionary, 1768-1773. 325 Better Ordering Militia. ies of Militia from time to time to Enlist in their respective Companies such and so many of the said Male Slaves so to be retumed to them as aforesaid wMch shaU be recommended to such Captain by the respective O-wners or Managers of such Slaves to be most faithful and fit for service as the said Governor or Com mander in Chief for the time being by and with the advice of Ms Majesty's Coimcil in their discretion think necessary for the ser-vice and defence of this province Pro-vided Always that ceed one^" the said Number of Slaves so to be Enhsted white Men. in the several Companies do not exceed one third part of the White Men in each respective Company. And be it Enacted that the said Slaves so to be Enlisted shall be incorporated into the re- shaii be in corporated spective Companies into wMch they are en- and Arm-d. listed and shall be taken as part thereof and shall in time of General Alarm and Actual In vasion of this Pro-vince and not otherwise be armed by the respective Owners or Managers of such Slaves -with one Sufficient Gun One Hatchet powder Hom and shot pouch With Ammunition of Powder and Bullets for twelve rounds and Six Spare Flints and shall be sent by their respective owners and Managers to the place of rendesvous of the respective Com panies in wMch they are Enhsted and which Said Slaves shall be then and there Commanded and directed by the Commanding Officer of the Company 326 Colonial Records Better Ordering Militia. Company during all such times as the said Com pany shall be upon Actual Duty or continue under Arms and in stead of a pecuniary fineing such Slaves for breach or neglect of Duty shall be subject to such Corporal punishment for their Offences during such time as the Majority of the Commissioned Officers of their respec tive Companies shall think fit to inflict not ex tending to Loss of Life or Member. The owners of Such Slaves to be paid at certain rates If safely returned. if Killed if Maimed how ascer tained And be it Enacted that the several Owners of the said Slaves so to be Enlisted shall be paid by the Treasurer for the time such Slaves shall be in the Publick Service after the rate of one iShilling each day for such Slave and in case it shall so happen that any Slave so en listed shall be killed in the service of tMs Pro vince the owner of such Slave shall be paid the value of such Slave by the Treasurer and in case any Slave in the service aforesaid shall be only Maimed and disabled the Owner shall like wise be paid as aforesaid the Value of his Loss sustained thereby and the same shall be ascer tained by any three freeholders one to be named by the Commanding Officer of the Company in which such Slave is Enlisted One to be named by the Owner or Manager of such Slave and one by the Joint Nomination of the Two first Freeholders and the Value thereof Certified under their Hands shall be determinate and Conclusive between the Publick and the respec tive Owners. And Statutes, Colonial and Revolutionary, 1768-1773. 327 Better Ordering Militia. And be it Enacted that every Freeman or white White Servant who shall boldly and Cheerfully chelrfuiiy opposing oppose the Common Enemy and shall in fight Jf \i^f^™/ happen to be maimed or disabled from Labour every suoh freeman and wMte servant upon Obtaining a Certificate thereof from the Major ity of the Field Officers of the regiment or Troop to which such person belongs under their hands and Seals shall be from thenceforth entitled unto and shall yearly and every year receive from the Treasurer the sum of Twelve pounds but if such Freeman so maimed shall be a Married Man then he shall be Entitled unto and receive of the Treasurer during his residence in this province the sum of Twenty shaii re- pounds yearly and if it shall so happen that annum. any poor free man that is a married ,Man or hath any child or CMldren under the Age of Twelve years shall loose his Life in the Service aforesaid that then the Widow of such poor Freeman shall thenceforth during her Widow hood and residence in tMs province or CMl dren of such poor freeman where there is no rewards to Widow under the Age aforesaid untill they at- m^n ^"®" . . widows tain the said age shall be entitled unto and re- children & ° Negroes ceive of the Treasurer the sum of Twelve pounds yearly and the said Field Officers and any two Captains in the regiment to which such person belongs associating themselves together and certifying the same under their hands are hereby declared to be proper Judges of the pov erty or Indigence of every person so maimed disabled 328 Colonial Records Better Ordering Militia. disabled or killed so as to entitle them or their Widows and children respectively to the respec tive Bounties and allowances and every white Servant in the said Companies and also every Negro and other Slave so enlisted as aforesaid who shall actually engage the Enemy in Time of War Insurrection or Invasion and shall courageously behave himself in Battle so as to kill any one of the Enemy or take a Prisoner alive or shall take any of their colours every such white servant and Slave shall upon due proof thereof either by a Certificate of a Field Officer or Captain of any Company under his Hand who shall happen personally to see the Action or shall be informed thereof by the Oath of TVo Credible White persons shall be and he is hereby declared to be from thenceforth Free and absolutely discharged from all Ser-vitude or Slavery whatever and the O-wner or Owners of such AYhite Servants and Slaves so declared to be free shall be satisfied to the full Valine of such White Servant or Slave by the Treasurer such value to be ascertained in the Manner herein before directed for Slaves killed in the service. But in case such enlisted Slaves man fully behave themselves in fight with the Enemy but shall not have such Success as to kill or take any enemy or any of their colours but shall yet remarkably behave him or themselves in the Engagement so as to deserve Publick Notice every such Slave upon obtaining a Certificate thereof under the hand of any Field Officer who shall Statutes, Colonial and Revolutionary, 1768-1773. 329 Better Ordering Militia. shall Certify suoh action either from Ms O-wn personal knowledge or upon the Oath of any one Credible White person shall be entitled to and Receive from the Treasurer Yearly and every year a livery Coat and pair of Breeches made of Good red Cloth turned up with Blue and a hat a pair of Stockings a Shirt and a pair of Shoes and shall that day in every year during their lives on which such Action shall have been performed be freed and exempted from all personal Service and labour to the O-wners or Managers. And be it Enacted that the Clauses of this That the Act relating to such Encouragement together this Act re- ^ lating to With this Clause shah be Publickly read at the ^"a°r'ds'"\'o be head of every Company on the next Muster day ?ead— ^^^ of the respective Companies after the passing of this Act and every Commanding Officer who shall neglect to Publish the same as aforesaid shall forfeit and pay the sum of Forty Shillings to be recovered by a Justice of the peace of the respective district where such Omission shall be made by Warrant under his Hand and Seal and such forfeitures shall be applyed to the use of the Company where such Omission is made for purchasing Drums Colours and other military Implements for the said Company. And be it Enacted that every Owner Man- owners &c. ager Attorney or Trustee of or for any Slave to^maki^out „ • n 1 1 1 » a "st of or Slaves as aforesaid who shall refuse or Neg- ^^eir Maie ° Slaves shall forfeit 40/ , , & if such lect are Iniisted 330 Colonial Records iBetter Ordering Militia. Owner \o ^^ot to make out or give in a List of their Male send^th^m° Slavcs as herein before is directed every such shall forfeit £10. O-wner or Manager shall for every refusal and Neglect Forfeit and pay a Sum not exceeding Forty Shillings and every such Owner or Man ager residing where such Slaves are employed. who shall refuse or neglect to bring or send Ms said Slaves that shall be enlisted in the Militia as aforesaid at all times of alarm or Invasion to the place of rendesvous of the respective Companies in which such Slaves shall be En listed after such Owner or Manager hath had notice of such Slaves being Enlisted in the said Company from the Captains of such Companies every such O-wner or Manager shall respec tively for every such refusal or Neglect for every such Slave so Enhsted forfeit and pay the Sum of Ten pounds which said Forfeiture shall be recovered by a Warrant under the Hands of the Majority of the Field Officers of the regiment to which such persons belong and be paid and applied to such uses as the General Assembly shall direct. Persons And BE IT Enacted that if any Person or sued &c for •' mYy pfe"" P^rsons whatsocver shaU be sued Impleaded islu°&T^^ Molested or Prosecuted for any Matter cause or thing whatsoever done or executed or caused to be done and executed by virtue of or in pur suance of tMs Act and all and every person and persons who shall or may by the Command or in aid or Assistance of any person who shall do Statutes, Colonial and Revolutionary, 1768-1773. 331 Better Ordering Militia. do or execute or cause to be done or executed any Act Matter or Thing by Virtue of or in pursuance of this Act shall and may plead the General Issue and give this Act and the Special Matter in E-vidence and in case the plaintiff or prosecutor shall suffer a discontinuance En ter a Noli Prosequi suffer a Non Suit or if a Verdict shall pass against him he shall pay to every defendant that shall be acquitted or for whom Judgment shall pass his full Double Costs of Suit for which any Court in this pro-vince where such prosecution shall be brought is hereby fully Authorized and empowered to give Judgment and award Execution accord ingly .... And to the Intent that no person may Plea Ignorance with regard to the Duties Contained in tMs Act and the penalties incurred for non- Comphance or disobedience thereto Be it Enacted that the Several Superior Officers in superior ^ Officers in each Regiment Troop or Company shall at least ??oo™s^ &^ once a year read or cause to be read at the head~ ar™to''reld ot his regiment Troop or Company by the Ser- fl"«s once jeant or other Inferior Officer a List of fines thi ^^^^ °* for non Performance of Duty and cause the same by Advertisement to be at that time fixed in some Publick place at or near the Muster Field or on the High Road that shall be near est the same on failure of which Publication and notice aforesaid the said Superior Officer shall pay to the Treasurer a Sum not exceeding Forty Shillings. And lelr Regi ments &c. 332 Colonial Records Better Ordering Militia. of each Company. The Officers ^^^ BE IT Enacted that it shall and may be ments to^flx Lawful to aud for the Officers of every Regi ment or a Majority of them and they are hereby Empowered to fix and ascertain the Districts or bounds of every Company in their respec tive regiments as may appear to them most Convenient and proper. And be it Enacted that tMs Act shaU be and Continue in force for and during the Term of Three Years and from thence to the end of the next Sessions of the General Assembly and no longer. By order of the Commons House of Assembly WILLM. YOUNG Speaker To continue three years. Council Chamber 29"^ September 1773. Assented to By order of the Upper House of Assembly Ja: Wright. James Habersham, President. State Title Statutes, Colonial and Revolutionary, 1768-1773. 333 To Prevent Damages from Dams or Banks. (State Archives.) AN ACT To prevent Damages arising from Dams or Banks and for preventing persons from stop ing the natural Course or Courses of Water to the Injury of their Neighbors. Whereas it hath become a practise for per sons to make Dams or Banks for the reserving preamble or Stoping of Water and at unseasonable tinles to let off the Water so Stopped or reserved to the manifest Injury of their neighbors. To pre vent therefore such Injuries for the future We humbly pray His most Sacred Majesty that it may be Enacted And be it Enacted by His Ex cellency Sir James Wright Baronet Captain Enacted General and Governor in Chief of His Majestys ProAdnce of Georgia by and -with the ad-vice and Consent of the Honorable the Council and Com mons house of assembly of the said pro-vince in General Assembly met, and by the Authority of the same. That from and after the passing of tMs Act no Person or persons whomsoever shall .phat no be permitted or allowed to make or keep up any ilmuted to Dams or Banks to Stop the natural Course of dams any water or Waters so as to overflow the lands of any other person or persons -without the Consent of such person or persons being first o^e^flow the had and obtained nor shall any person or per- others °' sons whomsoever stop or prevent any Water or Waters from riming off any person or per sons 334 Colonial Records To Prevent Damages from Dams or Banks. sons Field whereby such person or persons may be prevented from planting in Season or re ceive any other injury whatsoever nor so as to turn the natural Course of any water or waters from one Channel or swamp to another to the prejudice of any neighbour or neighbours or any other person or persons whomsoever. who are Judges of the Injury and the remedy And be it further Enacted that in case any person or persons shall make or keep up any such Dams or Banks to the injury of any Other person or persons by overflo-wing their Lands as aforesaid, upon Complaint made thereof by the party injured to any Justice of the Peace for the district where the offence shall be com mitted such Justice shall be and he is hereby fully Impowered, Authorized and required to summon five freeholders of the said district one of whom shall be named by the said Justice and two by each of the Parties and such free holders being first sworn before such Justice to determine the matter justly and impartially shall forth-with proceed to -view the said banks and Dams and the Damage complained off and immediately certify the matter as they shall find it under their hands to the said Justice, and in case an award shall be given in favor of the Complainant, the said Justice shall immedi ately make an Order to out open the bank or Dam in such manner as to prevent any further Damage the expence whereof and all other Charges attending the Prosecution to be paid by the offender And recovered Statutes, Colonial and Revolutionary, 1768-1773. 335 To Prevent Damages from Dams or Banks. And be it further Enacted that in case any ^ Damages damage shall have been already sustained by already sus- ° T. 1 tained the Complainant either by suoh Dams or Banks being kept up by letting off any reserved wa ters the said Freeholders shall upon -view there of ascertain and certify the same under their hands, to the said Justice wMch Damages so ascertained the offender shall immediately pay and satisfy to the party grieved and in case of neglect or refusal so to do in Ten days the said Damages if it does not exceed the sum of Eight pounds shall and may be recovered in the same way as debt and damages are directed how sucli to be recovered and levied by the act intitled, are to be an act for more easy and speedy recovery of small debts and damages. And in case of the said Freeholders shaU be of Opinion that such damages do exceed the sum of Eight pounds then such damages shall and may be recovered in any Court of record in this pro-vince in the usual manner Pro-vided always that nothing in this Act shall extend or be construed to subject any person or persons who shall have made or cause to be made or shall make or Cause to be made any banks or dams to reserve or stop water to pay any damages wMch may be sus tained by breaking of the said dams or Banks when occasioned by violent Rains or Floods or when there may be an absolute necessity for cutting the said Dams or Banks to prevent the breaking of the same, and in case any free holder shall neglect or refuse to Obey the sum mons 336 Colonial Records To Prevent Damages from Dams or Banks. mons of the Justice or any other matter herein directed such Freeholder shall (unless he can make a reasonable Excuse) forfeit a sum not exceeding five pounds nor less than forty SMI- lings to be sued for and recovered by the act in- titled An Act for the More easy and speedy re covery of Small debts and Damages and to be applied the one half to the informer and the Other half to his Majesty to be paid into the hands of the Treasurer for such use and pur poses as the general assembly shall think proper allowance to Free holders for theirtrouble And be it further Enacted that the freehold ers shall each be allowed for their Trouble and attendance herein the sum of Five shillings for each Days Attendance on the same to be paid by the party or Parties offending. persons sued by this act may plead the General Issue And be it further Enacted that in ease any person or persons whomsoever shall be sued or Impleaded for any matter or thing committed or done in pursuance of the Directions of tMs Act, it shall and may be Lawful for such per son or persons to plead the general Issue and give this act and the special Matter in E-vidence and in case the Plaintiff shall become nonsuit, suffer a discontinuance or a Verdict shall pass against him the defendant shall be allowed double Costs. And be it further Enacted that this Act shall Statutes, Colonial and Revolution.ary, 1768-1773. 337 To Lease Ferry Over Great Ogechee River. shall Continue and be in force for the term of ^o continue three years and from thence to the end of the three'^ytars term of three years and from thence to the end of the then next Session of the General Assem bly and no longer By Order of the Commons House of Assembly WILLM. YOUNG Speaker Council Chamber 29 September 1773 Assented to Ja Wright By Order of the Upper nouse of Assembly James Habersham President (State Archives.) AN ACT To empower the Commissioners therein named to lease to the thirty first of December next, and then to put up to sale for the benefit of the Publick the Ferry over Great Ogechee Titie River for a term, of years, and to Authorise the said Commissioners to inspect and regu late the said Ferry Whereas by an Act of this Province passed the Eleventh day of April One Thousand seven ^'¦^^'"•'J' hundred and Sixty Eight entitied An Aot to em power the Commissioners therein Named to put up 338 Colqnial Records To Lease Ferry Over Gieat Ogechee Eiver. up to Sale for the benefit of the Publick the ferry over great Ogechee river at a place called Pine Bluff for a term of five years and to Au thorize the said Commissioners to inspect, and regulate the said ferry. Commissioners were empowered to sell for the term of five years the ferry over Great Ogechee River Enacted That the Commis sioners named let the ferry over Great Ogechee to 31 Deer and after wards for Ave years And Whereas the said term is now Expired We Therefore pray your most Sacred Majesty that it may be Enacted, And be it Enacted by His Excellency Sir James Wright Baronet Cap tain General and Governor in Chief of His Ma jestys Pro-vince of Georgia by and -with the Ad vice and Consent of the Honorable CouncU and Commons House of Assembly of the said Prov ince in General assembly met, and by the au thority of the same That the Commissioners herein after named be and they are hereby Au thorized to let the ferry over great Ogechee River from the Expiration of the late Lease to the thirty first of December next, and immedi ately afterwards to put up to Publick Sale and to sell the said Ferry and the rents issues prof its produce and Ferriage of the same to the best bidder for the term of five years to Com mence from the day of the sale thereof the Pur chaser or purchasers thereof to pay to the said Commissioners the Purchase money aris ing from such sale in five equal yearly Payments the first payment to be made at the Expiration of One year from the day of such Statutes, Colonial and Revolutionary, 1768-1773. 339 To Lease Ferry Over Great Ogechee River. such Sale upon giving such security for the due payment thereof as shall be approved of by the said Commissioners and the said Ferry and the One hundred Acres of Land reserved for the use thereof at Pine Bluff aforesaid to gether with the Rents Issues profits produce and Ferriage thereof or arising from the same and all and Singular the Buildings and Improve ments thereon is and are hereby declared to be vested in such person or persons who shall rent or may become purchasers thereof as afore said his her or their Executors or Administra tors for and during the term of five years as aforesaid Subject nevertheless to the several regulations herein after mentioned and the monies arising from the rent as aforesaid and Sale thereof to be by the Commissioners paid to the Treasurer and applied as the general as sembly shall hereafter direct And be it Enacted that the person or persons to whom the said ferry shall be leased to the thirty first of December next and also the per- the person leasing the son or persons afterwards purchasing the said ^eep^'^'^'' *° Ferry and premises his her or their Executors or administrators shall provide and keep at the said ferry for and during the said Lease and the term of five years as aforesaid a, good and » ferry Sufficient Ferry Boat not less than Nine feet ... 1 m J J? i 1 n -I r^' a Canoe and -Wide and Twenty teet long and a good Cannoe two or more able men and two or more able men for the purpose of Transporting all passengers their Carriages, Servants 340 Colonial Records To Lease Ferry Over Great Ogechee River. Rates of ferryage Servants, horses, and Cattle and Such person or persons so renting or purchasing Ms her or their Executors or Admimstrators shaU and may lawfuUy demand take and receive of and from all and every person or persons passing- and repassing at the said Ferry the several and respective rates and prices herein after men tioned. That is to say For a foot passenger Twopence For a Single Horse Threepence For a man & Horse Sixpence For Neat Cattle Threepence if Swam One penny half penny per head Calves Hogs & Sheep One penny if swam one half penny For every Wheel Carriage three pence p'' Wheel All which rates and prices shaU be paid and received from all persons at all times except in times of Actual Service upon Alarms, Insur rections or Invasions when the Ferriage shaU be Exempted fi"ee, and also except Ms Majesty's Troops upon femair'"^ diity, Mmisters of the Gospel and Stiidents m Divinity of Bethesda and in case of faUure of payment of the above rates and Sums (except as before excepted) the same shall be recovered according to the method prescribed in and by -An Act of the General Assembly of this prov ince Entitled an Act for the more easy and Speedy recovery of small debts and Damages And Statutes, Colonial and Revolutionary, 1768-1773. 341 . To Lease Ferry Over Great Ogechee Eiver. And be it further Enacted that the person ^^e persona or persons so renting or purchasing the ferry f|?ry"^ and premises as aforesaid, his her or their Ex ecutors or Administrators shall keep in good and Sufficient repair the several Buildings im- to keep in repair the provements & fences in and upon the said One l"'^*^'"^^ hundred Acres of Land reserved for the Ferry as aforesaid during the said Terms, and it shall not be Lawful for Mm her or them to clear or Cause to be Cleared during the said lease to the tMrty first of December next or term of Five years more than fifty Acres of the said Land in- cfear"mor°e than fifty eluding the quantity already Cleared and that ^"^/^Land he she or they shall and will also keep in good ^° and sufficient Order and repair the several Boats to be employed at the said Ferry by Vir tue of tMs Act and also the Landings on each under a side the River Ogechee under the Penalty of penalty Ten Shillings for every day such Boats or any of them or the said Landings or either of thom shall be out of repair to be recovered upon full And Sufficient proof made of Such Default be fore the Commissioners herein after named or any three of them by warrant of distress and Sale under their hands and Seals which penalty shall be to his Majesty and to be applied to wards the repairs of the Several Buildings be longing to the said Ferry And be it further Enacted that the perscn conditions. on which or persons so renting or purchasing the Ferry l^\^.^l^^ and premises as aforesaid his her or their Ex ecutors 342 Colonial Records To Lease Ferry Over Great Ogechee Eiver. ecutors or Administrators and any and Every person appointed by them and ha-ving the care and management of the said Ferry shall as well by night as by day give Constant and due At tendance and if any person or persons shall be detained or delayed at the Ferry thro' the neg lect or wilful default of the person or persons so renting or purchasing or appointed to and having the care and Management thereof the person or persons so Renting or purchasing as aforesaid his her or their Executors or Admin istrators Shall forfeit and pay to such person or persons the sum of Ten shillings for every Hour, he she or they shall be so delayed, and in proportion for any less time to be recovered by Warrant under the hand and Seal of any one Justice of the Peace upon full proof of such neglect being- made before Mm, And the pro ceeding thereon to be as directed in and by the before recited Act Persons AnD BE IT FURTHER EnaCTED that UO deputy t?'pay''Fer-* Or Agent of the post Master General travelling with any mail of letters nor any person sent as Express in the ser-vice of tMs pro-vince shall pay any thing for passing or repassing the said Ferry, but the person or persons attending the said Ferry shall forthwith and within one half hour after such Deputy or agent or person sent Express (satisfying the ferry man that they are nSt to be^"^^ so) shaU require the same (bad weather and Other unavoidable Accidents Excepted) con vey Statutes, Colonial and Revolutionary, 1768-1773. 343 To Lease Ferry Over Great Ogechee Eiver. vey such deputy or Agent or person sent Ex- alSn^'&c press over the said Ferry on pain of forfeiting five pounds sterling and in case such deputy or Agent or person sent Express as aforesaid shall be detained at the Ferry the space of twelve hours, then and in Such case the person or per sons so renting or purchasing the said Ferry and premisses their Executors and Adminis trators shall over and above the said sum of five pounds forfeit and pay the sum of Ten sMl- lings for every hour after the said Space of twelve hours they shall be so delayed the said penalties and forfeitures to be recovered in any Court of record in this pro-vince One moiety thereof to be to his Majesty his heirs and Suc cessors toward the support of the Government of tMs province and the Other moieth to such deputy or Agent or person sent Express who shall sue and prosecute for the same together -with Costs of Suit And be it further Enacted that the Honor- commission- able James Habersham James McKay and James Read Esquires, William Le Conte Henry Bourquin, John M°Lean, James Maxwell and James Butler Esquires (Son of Joseph Butler Esquire) be and they are hereby appointed Com missioners for putting tMs Act into Execution and they or any two of them are hereby au thorized and empowered from time to time to inspect the state of the said Ferry and the buildings and improvements thereto belonging their Duty and 344 Colonial Records To Lease Ferry Over Great Ogechee Eiver. and the Boats and persons by this Act Directed to be employed therein and of the landings on each side of the river Ogechee used for the said ferry and in case of any neglect or default therein contrary to the intent and meaning of this Act to give notice thereof to the person or persons so renting or Purchasing the said ferry and premises his her or their Executors or Ad ministrators and in case such Neglect or de fault be not remedied forth-with to proceed ac cording to the directions of tMs Act and further to settle and account with the person or per sons now holding, or who has or have held the said Ferry since the passing of the Act before recited. And be it Enacted that if any Commissioner Commission- . ,, ,. ....t • , -• ers to name IU aud by this Act Nommatcd and appointed others in ^ '¦ those°di^ing ^^^^^ ^^® depart the pro-vince or decline to ac- **= cept of the said office or after accepting the same shall refuse to Act therein the Commis sioners Shall appoint another Commissioner in the room of him so dying departing the prov ince, declining, refusing or neglecting to act as aforesaid unless when a majority of Such Com missioners shall at any One time be dead de part the Province, Neglect, decline or refuse to act as aforesaid in which case upon application of the remaining Commissioners or upon knowl edge thereof the Governor or Commander in Chief for the time being with the ad-vice and Consent of his Majestys CouncU is hereby em powered Statutes, Colonial and Revolutionary, 1768-1773. 345 To Pi-event Stealing Horses and Neat Cattle. powered to nominate and appoint Commission ers in the room of those dead departing the Province, declining, neglecting or refusing to Act as aforesaid which said Several Commis sioners so nominated and appointed as afore said are hereby declared to be Vested with the several Powers and Authorities and liable to the same fine and penalties as those in and by this Act Nominated and appointed By Order of the Commons house of Assem bly WILLM YOUNG Speaker By Order of the Upper house of Assembly JAMES HABERSHAM President Council Chamber 29 September 1773 Assented to JA WRIGHT (State Archives.) AN ACT To prevent the Stealing of Horses amd Neat Titi. Cattle and Unlawfully branding Marking Killing or driving the Same Whereas 346 Colonial Records To Prevent Stealing Horses and Neat Cattle. Preamble Enacted Punishment on persons Stealing Horses &c for the first Offence & for the second Offence Whereas the Law now in force for preventing the Stealing of Horses and neat Cattle and the unlawfully Branding Marking or Killing the same wMch Subjects the Offender to Death for the first Offence has not answered the purpose thereby Intended, and very few Offenders against the same have been Con- -victed through the Tenderness of Prose cutors and Witnesses We therefore pray your most Sacred Majesty that it may be Enacted And be it Enacted by His Excellency Sir James Wright Baronet Captain General and Governor in Chief of the pro-vince of Georgia by and -with the Ad-vice and Consent of the Honorable Coun cil and Commons House of Assembly of the said province in General Assembly met and by the Authority of the same that Immediately from and after the passing of this Act every person or persons taking or Stealing any Horse Mare Gelding Colt, Filly or Neat Cattle, and all Accessaries as well before as after such Of fences Committed, and who shall be legally and duly Convicted thereof shall for the first Of fence be set in the Pillory a Space not exceed ing Four Hours nor less than two Hours in some publick place by the provost Marshal or his Ministers and Suffer Such Imprisonment as the Court shall think proper and before dis charged be publickly WMpped on his bare Back three several times and receive at each time Thirty nine lashes and also shall be branded on Statutes, Colonial and Revolutionary, 1768-1773. 347 To Prevent Stealing Horses and Neat Cattle. on the Shoulder with the Letter R and for the second Offence upon due Conviction thereof Shall be adjudged Guilty of Felony without ben efit of Clergy And be it further Enacted that immedi- J?a,t upon T.I16 S3.i6 Or ately from and after the passing of this Act of^Hors^s upon the Sale or Exchange of any Horse, Mare, be Toiied if ° -^ ' required by Gelding, Colt, Filly, or neat Cattle the person *^|s^"'"" or persons so selling or Exchanging the same if required by the purchaser shall be avouched and tolled and a Certificate thereof obtained from the Toll Master, Except however Publick Sales of Horses or neat Cattle by Executors or Administrators belonging to the Estate of the Estate of persons deceased for wMch he she or they may Act in such Capacity and except als'O Sales by the Provost Marshal or his Deputies, Constables or other persons Empowered by any Act of the General Assembly of this Prov ince to make distress and Le-vy Execution And be it further Enacted that the Justices .Justices of Assigned to keep the peace in the Several par- pofnfed^^" ishes in tMs Province shall be and they are Masters hereby appointed to be Toll Masters in their Respective Parishes and are hereby declared to have full Authority to exercise all and every the Powers in them Vested as Toll Masters by Virtue of tMs Act And be it further Enacted that the Toll Masters hereby appointed shall Administer Oaths 348 Colonial Records To Prevent Stealing Horses and Neat Cattle. who are to Administer Oaths touching the prop erty of the person so Tolling &o Oaths to the persons avouching or Tolling be fore them respectively touching the Proof of the property of the person so tolling (of Suffi ciency of wMch proof such Toll Masters are hereby Declared to be Judges) and upon such proof appearing they are hereby required and directed to avouch or Toll any Horse, Mare, Gelding, Colt Filly or Neat Cattle produced to them or either of them in a Book to be kept for that purpose shall enter the time of sale and the name and place of Dwelling of every Seller and Buyer of such Horse, Mare, Gelding, Colt or Filly burnt Mark or other Notable Flesh Mark thereof and the price for wMch the same is sold or the Value of what may be given in Exchange and shall under his Hand and seal give a Certi ficate of such Entry to every person requiring the same upon the payment of one Shilling and Sixpence for his Tf ohble therein under the pen alty of three pounds for every Neglect or Re fusal of any or either of the said Toll Masters. That if any Horse &c be stolen sold and Tolled yet the Property Is to remain in the Owner if Claimed In Six Months And be it further Enacted by the Authority aforesaid that if any Horse, Mare, Colt or Filly after the passing of this Act shall be Stolen and afterwards shall be sold and tolled as afore said that yet nevertheless the Sale of any Such Horse, Mare, Gelding, Colt or Filly shall not take away the Property of the O-wner from whom the same was Stolen so as a claim be made in Six Months after the offence or Felony done by the party from whom the same was stolen or Statutes, Colonial and Revolutionary, 1768-1773. 349 To Prevent Stealing Horses and Neat Oattle. or by Ms Executors or Administrators by any other Person of their appointment in the parish where the same Horse, Mare, Gelding, Colt or Filly shall be f oimd before any Justice of the peace for the said Parish And so that the proof be made -within Forty days then next ensuing by two Sufficient Witnesses to be produced and The method deposed before such Justice of the Peace that such the Property of such Horse, Mare, Gelding Colt or Filly so Claimed was the Property of the party by and from whom such Claim is made and was Stolen from him or her -within Six months next before such Claim of any Horse, Mare Gelding, Colt or Filly but that the party from whom the said Horse Mare, Gelding, Colt or Filly was Stolen his or her Executors or Aa- ministrators shall and may at all times after Not-withstanding any Such Sale or Sales have again and enjoy the said Horse, Mare, Gelding, Colt or Filly upon payment to the party that shall have in possession the same so much money as shall appear to bave been paid by him or her by a Certificate from the Toll Mas ter or by Oath before any Justice of the Peace that he or she has paid such value without fraud or Collusion any Law Custom or usage to the Contrary Notwithstanding. And be it further Enacted that no Toll Mas- tou ter hereby appointed shall Toll any Horse ^*toi7 ""' Mare Gelding, Colt, Filly or neat Cattle sold or •Offered for sale by any person or persons not being horses &c 350 Colonial Records To Prevent Stealing Horses and Neat Oattle. F"r'ee*ho°ider°s* being Freeholders in tMs pro-vince unless the said Person or Persons produce a Certificate or those under the Hands and seal of two or more Justi- certiflcSfes ces of the peace of their respective Counties or parishes where they usually Reside of their be ing legally Possessed of the same under the penalty of three pounds for every Horse Mare Gelding, Colt, Filly or neat Cattle so by Mm Tolled And in Order to prevent as much as may be, the Pernicious practise of unlawfully branding, Marking or disfiguring of Horses and neat Cat tle Be it further Enacted that Immediately pers^ons^ °° from and after the passing of this Act every Unlawfully . B^a^ndhig or persou and persons withm this Province who Horses &c g^all be LawfuUy con-victed of kUhng or of branding, Marking or Disfiguring the Brand or altering the Mark of any Horse, Mare, Gel ding, Cold FiUy or neat Cattle or of driving them or either of them off from their usual range or place of Feeding wantonly and not with an Intention to Steal, not being the prop erty of such person or persons (except by Order and direction of the Lawful Owner or Owners thereof) upon Oath of one or more Evidences before two or more Justices of the Peace in any parish within same shall besides the Dam ages otherwise Recoverable by Law forfeit for covered' and evcry such Offcncc a Sum not exceeding Eight pounds to Be Recovered by warrant of Dis tress and sale of the Offenders Goods under the Hands Statutes, Colonial and Revolutionary, 1768-1773. 351 To Prevent Stealing Horses and Neat Oattle. Hands and seals of such Justices and be ap plied one half to the Informer or In formers and the other half for the use of the poor of the parish where such Offence was Committed and in case no Distress shall be found whereon to Le-vy such forfeitures, then and in such case the party or parties Offending shall be committed to the Common Goal of Savannah there to Remain for the Space of One Month and shall receive such Corporal punishment by Whipping on the bare back not exceeding thirty nine Lashes as to such Justices shall seem meet And be it further Enacted that no person or Persons whatever shall Order or Direct his hf r That no person di- or their Slave or Slaves to Kill Mark or Brand slavei'to any Horses or neat Cattle such person not be- or Brand Horses &c ing at the same time present, or causing some ^^^tT ^e"^* WMte person to be present at suoh KiUing Mark- thcn?^ ^"'^ ing or Branding nor shall Order any of his her or their Slave or Slaves to drive any Horses or Neat Cattle from their usual place of Feed ing unless he she or they shall give such Slave or Slaves a Ticket in Writing for that purjjose °^^t^*^ ^^^^ under the penalty of a sum not exceeding Eight ticket pounds to be heard, adjudged. Recovered aud Penalty applied as herein is before directed and in case recovered any Slave or Slaves shall be found killing. Marking, Branding or Driving any Horses or neat Cattle contrary to the Directions of this Act every such slave or Slaves being Convicted thereof 352 Colonial Records To Prevent Stealing Horses and Neat Cattle. That no person de tain any Horse &c withoutInforming the Toll Master Penalty and how recovered how the Toll Master is to pro- ceed In Advertising Ac thereof by the Evidence of a WMte person or of a Slave shall be punished by Whipping on the Bare Back not exceeding TMrty nine Lashes by Order or Warrant of any Justice of the Peace before whom the fact shall be proved And be it further Enacted that from and after the passing of tMs Act no person or per sons Shall keep or detain in Ms her or their In- closure or Inclosures to Ms her or their knowl edge any Horse, Mare Gelding, Colt Filly or Neat Cattle for more than ten day.^ without Informing one of the Toll Masters within the Parish where the same shall happen therewith together -with the best description he she or they can give of the Same under the penalty of Three pounds for every Beast and of the fur ther sum of Twenty SMUings for every day af ter the Expiration of the said Term of Ten days he, she or they shall Neglect gi-ving such Infor mation to be Recovered and Applied as herein before is directed and the ToU Master to whom such Information and Description is given is hereby directed and required -with aU Conven ient Speed to publish the Same by Advertise ment at the Several places of Worship or Courts of Conscience -within the Said Parish and if within thirty Miles of Savannah in the Gazette to be Continued at least the Space of Twenty days and if the O-wner or Owners of such Hor ses or Neat Cattle shall appear and prove his her or their property to the Satisfaction of such ToU Statutes, Colonial and Revolutionary, 1768-1773. 353 To Prevent Stealing Horses and Neat Cattle. T^oU Master he shall Immediately deliver or give Orders for the Delivery of such Horses or Neat Cattle to such Owner or O-wners being paid the Charge of Advertising and also for his Trouble therein and also for such Charge and Expences as shall by the said Toll Master be Adjudged reasonable to be by him her or them paid to the person or persons informing of such Horses or neat C'attle and upon Refusal of paying the same then such Fees, Charges and Expences to be Levied by Warrant of Distress and sale under the Hand and seal of such Toll Master either upon such Horses or Neat Cattle, or upon any other Effects of such person or per sons so Refusing, and if no o-wner or Owners shall appear to Claim such Horses or Neat Cat tle so advertised within Twelve Months pro- -vided Such Advertisement is Repeated every three Months it shall and may be lawful to and for the Toll Master advertising the same and he is hereby directed and empowered to Sell or cause to be sold such Horses or neat Cattle at Publick Outcry to the highest bidder and the Monies arising from such Sale after Deduct ing the Charges and Expences, shall be paid to the Church Wardens if any or the Toll Master for the use of the Poor of the parish where the same shall be sold And Whereas there are in many parts of this Pro-vince gangs of wild Horses and Neat Cattle to which or any of which no property can with 354 Colonial Records To Prevent Stealing Horses and Neat Oattle. -with any Degree of certainty be claimed or made out and the keeping suoh Horses and Neat Cattle within Inclosures for any Length of time will be Attended -with Considerable Trouble and Expence Be it further Enacted that in ease any person or persons shall drive up and pen or put in any Inclosure any Horse, Mare, Colt Filly or Neat Cattle that are WUd such person or persons shall give Notice thereof to any Toll Master in the parish where the same shall happen, within Ten days after such Driving up, under the penalty of Twenty ShU lings for every such Horse, Mare, Colt Filly or neat Cattle so drove up to be Recovered Le-yyed and applied as herein is before directed and such Toll Master is hereby directed and Re- The Toll quired to fix an Advertisement at the Several Advertise* placcs of WorsMp or at the Courts of Conscience &c in such parish and if -within Thirty Miles of Savannah then also in the Gazette gi-ving No tice thereof and where such Wild, Horses, Mares Colts Fillys or Neat Cattle are and that any person or persons claiming any Right or Title to any such Horses, Mares, Colts, Fillys or Neat Cattle may View the same and Claim such Right within Thirty days and in case any person or persons shall within such time prove his her or their property therein to the Satis faction of the Toll Master the same to be de livered to him her or them upon paying such Reasonable Charge and Expence for driving up and keeping such Horses, Mares, Colts, Fillys or Statutes, Colonial and Revolutionary, 1768-1773. 355 To Prevent Stealing Horses and Neat Oattle. or Neat Cattle as the said Toll Master shall di rect together with One Shilling and Sixpence for Ms Trouble therein and in Case of Refusal of paying the same then such Charge and Ex- pence and Fees for the same to be Levied by Warrant of Distress and Sale under the Hand and Seal of such Toll Master either upon such Horses, Mares, Colts, Fillys or Neat Cattle or upon any other of the Effects of Such person or persons and in case no Owner or Owners shall appear to claim such Horses, Mares, Colts, tfe not*'^^'' Fillys or Neat Cattle, within the time hmitted within •^ . ' . Thirty days by such Advertisement it shall and may be Law- be%oi™^^ ful to and for such Toll Master to sell the same by Publick Outcry and out of the proceeds thereof To pay the Reasonable Charges of dri ving up and keeping and the Remainder after deducting Ms Fees and the Charges of sale to be applied as herein before directed That ister book for that purpose And be it further Enacted that every Horse Mare, Gelding, Colt, Filly or Neat Cattie that ^°f^^ &° shall or may hereafter be SMpped from any loiied'he-^ port in this province shall before the same be comptrouer who is to put on Board any Ship or Vessel first ba J^g^^e? ^ ^^^' avouched and Tolled before the Comptroller of the Country Duties at their Respective ports from whence the same are Intended to be Shipped who is hereby directed and Required to avouch and Toll the same and in a Book to be kept for that purpose shall enter the time the same was or were avouched and Tolled and the Name 356 Colonial Records To Prevent Stealing Horses and Neat Oattle. Name of such person so AvoucMng and toUing such Horse, Mare, Gelding, Colt, Filly or Neat Cattle and the burnt Mark or other Notable Flesh Mark thereof and the price and prices that was or were" for the same respectively given and shall under his hand and Seal give a Cer tificate of such entry to the person or persons so Avouching or Tolling the same upon the pay ment of One SMUing and Sixpence Sterling for his Trouble therein under the penalty of Five pounds for every Neglect or Refusal of the said Comptroller which la liable to be Inspected by any per son And be it further Enacted that the said Book shall be liable to be Inspected by any Per son or Persons Whatsoever upon payment by each and every Person or Persons to the said Comptroller the sum of Nine pence for each Search Masters of Vessels be fore Clear ing out to deliver to the Comp troller a manifest and Swear to the same The Oath And for the better preventing any Horse, Mare, Gelding, Colt Filly or Neat Cattle being SMpped or Exported before the same shall be so Avouched and Tolled as aforesaid the Mas ter or Commander of every SMp or Vessel shall before the Vessel be cleared out, on board which the same shall be SMpped or intended to be shipped be Obliged to take the foUo-wing Oath before the Comptroller of the Country Duties that is to say "that the Manifest of the Cargoe then produced Contains a true and just Account of all the Cargoe, that there is no Horse Statutes, Colonial and Revolutionary, 1768-1773. 357 To Prevent Stealing Horses and Neat Cattle. Horse Mare, Gelding, Colt, Filly, or Neat Cat tle on Board the said SMp or Vessel except what is mentioned and contained therein and that he doth not Intend or -will take on Board Ms Vessel before Ms Departure from this prov ince any Horse, Mare, Gelding, Colt, Filly or Neat Cattle except as Expressed in the Mani fest aforesaid" wMch Oath the said Comp troller of the Port where any Vessel or Vessels The comp- shaU clear out is hereby impowered and re- lecong to •' -^ Administer quired to Administer to every Master or Com- forfSt^fs*" mander of any Ship or Vessel under the penalty of three pounds for every Master of any Ship or Vessel he shall Omit or Neglect to Swear as aforesaid and every Horse, Mare, Gelding Colt, Filly or Neat Cattle that shall or may be put or SMpped on Board any SMp or Vessel -without being first Avouched and Tolled as aforesaid shall be forfeited and sold, the one half of the Monies arising from such sale to be for the use of the Informer the other to be paid into the Hands of the Publick Treasurer and applied as the General Assembly may hereafter Direct And the said Comptroller or Comptrollers are power to hereby authorized and Impowered informa- to°enter oiT Board Ves- tion being first made on Oath of any l^^^^^jj Horse Mare Gelding, Colt Filly or Neat Cattle ?o°/i£ifS being put on board any Ship or Vessel -without being avouched and Tolled as aforesaid to go and enter on Board such SMp or Vessel in the day time and make search in all parts thereof and all and every Horse Mare Gelding, Colt, FiUy 358 CoLONLiL Records To Prevent Stealing Horses and Neat Oattle. Filly or Neat Cattle therein found and Not Avouched Tolled and entered with the said Comptroller or Comptrollers as aforesaid to take Seize drive and Convey away and if any person or persons Whatsoever Shall Resist or Oppose the said Comptroller or Comptrollers in the due Execution of this Act every such per son so offending shall forfeit and pay the Sum of Twenty pounds all which said Fines and For feitures to be sued for and Recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this pro-vince wherein no Essoign Priviledge or Wager of Law or any more than one Imperlance shall be allowed and that the said Fines and Forfeitures be disposed of as herein before mentioned To Continue in force two years And be it further Enacted that this Act shall Continue and be in force for and during the Term of Two Years from the passing thereof and from thence to the End of the next Session of the General Assembly and no Lon ger By Order of the Commons House of Assembly Will" Young Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 29'" September 1773 Assented to Ja Wright State Statutes, Colonial and Revolutionary, 1768-1773. 359 Fees of Public OfEioers. (State Archives.) AN ACT For the Settling amd ascertaining the Fees to he taken hy the Several Publick Officers amd ^"^e persons herein after Named Preamble Enacted That no Whereas it would greatly tend to the pre venting Extortion, if all Fees of Office were as certained; and persons taking any other, or greater Fees than those allowed by Law, were Subject to Punishment. We therefore pray his most Sacred Majesty that it may be Enacted And be it Enacted by his Excellency Sir James Wright Baronet, Captain General, and Gover nor in CMef, in and over Ms Majestys prov ince of Georgia by and with the Ad-vice and Con sent of his Majesty's Honorable Council, and Commons House of Assembly of the said Prov ince, in General Assembly met and by the Au- ^ace^&e- thority of the same; that from henceforth, it Sot fees^" shall and may be Lawful, to and for the Several Public Officers and persons herein after named or their Deputies to demand and receive the Several Fees set forth in the Table hereunto annexed for doing the Several matters of Bus iness mentioned opposite to such Fees ; but no Publick Officer or person herein after mention ed, or his Deputy or Agent or person acting as such, shall on any pretence whatsoever, demand than is ai- ' "^ ^ ' lowed In the or Receive any further or other Fee than is ^exil ^°' allowed 360 Colonial Records Fees of Public Officers. allowed in the Table hereunto annexed any usage or Custom to the Contrary thereof in any wise notwithstanding. And be it further Enacted by the Authority deSlnSng aforcsald, that, if at any time after the passing Fees*^'" of this Act any Public Officer or person herein after mentioned, or his Deputy or Agent or any person acting as such shall under pretence of any matter or thing, done Transacted or per formed by any such Public Officer or person, or his Deputy, or Agent or any person acting as such, demand, or receive, any other or greater Fees than is set do-wn in the Table hereunto annexed: every such person so offending, shaU for every such Offence ; forfeit and pay Twenty shall forfeit P^^^^^- ""^i^h Costs of suit to any person who offencrf2o s^^U suc for the same, 'by Action of Debt BiU plamt or Information in his Majestys General Court, wherein no Essoign, pri-vilege, protec tion. Wager of Law, or more than one Impar lance shall be granted or allowed — That Pub Offices Akd be it further Enacted by the Authority aforesaid, that every Pubhc Officer and per- pStu^r""^ ^°^ herein after Named, and every Deputy, fees1n°their Agent, and person acting as such, shall within Thirty days, after the passing of this Act cause a true and exact, written or printed Copy of the Table or Docket of his Fees, as the same are established by this Aot (such Table or Docket to be Written or printed in legible and fair Words Statutes, Colonial and Revolutionary, 1768-1773. 361 Pees of Public Officers. Words and figures without any abbreviation ex cept Sums) to be placed np, and to be kept con stantly in a Conspicuous part of the Room or place where he shall usually execute the busi ness of his Office or Employment under pain of forfeiting the sum of Ten pounds with costs of "" '^/o'i-feu- Suit for each Offence ; to be Recovered by Ac- *"^ ^^° tion of Debt, Bill plaint or Information, in his Majestys General Court, wherein no Essoign pri-vilege, protection. Wager of Law or more than one Imparlance 'shall be granted, or al lowed — And Whereas the Governor, and Commander in Chief for the time being, and the Chief Jus- Goverlio?^& tice do not Execute the business of their re- tice do not Execute the ispective Offices, in any particular place, but ^"ir"offlces throughout the province at Large and as occa sion may require Be it therefore Enacted by Enacted the Authority aforesaid, that the Secretary for That the the time being, or his Deputy, shall Avithin o?°his^'^^ Deputy Thirty days after the passing of this Act, cause such Copy of the Table or Docket of the Gov ernors Fees, as is established by this Act to be placed up, and to be kept constantly in a Con spicuous part of the Secretarys Office; upon pain that the Secretary for the time being, or the person acting as such 'shall forfeit the sum of Ten pounds with Costs of suit, for each Of- and Protho- f ence ; to be recovered and applied in manner natory put ' ¦*¦-*¦ up tables of herein before directed. And further that the l^^i^^^ Prothonotary of the General Court, for the omcls"^^ time 362 Colonial Records Fees of Public Officers. under pen alty of £10 each The Gov ernor and Chief Jus tice Exempt from plac ing up Tables of Fees time being, or his Deputy, shall -within TMrty days, after the passing of tMs act, cause such Copy of the Table or Docket of the CMef Jus tices Fees, as is established by this Act, to be placed up, and to be kept constantly in a Con spicuous part of the Prothonatory Office; upon pain that the Prothonatory for the time being or the person acting as such, shall forfeit the sum of Ten pounds with Costs of Suit, for each Offence to be recovered and applied in manner herein before set forth And be it and it is here-. by declared that nothing in this Act mentioned, shall be construed to Oblige the Governor or Commander in Chief for the time being Or the Chief Justice or either of them to place up any Table or Docket of Fees, in any place what soever, or to Subject them or either of them to any penalty or forfeiture whatsoever for the Neglect thereof, anything in this Act Contained to the Contrary thereof in any -wise Not-with standing THE GOVERNORS FEES- The Gov- Every Grant of Land, signed and sealed for ernors Pees Fivc hundred acrcs or more seven ShiUings and one penny Every Grant more than five hundred acres. Fourteen Shillings and two pence Signing the Dispatch of every Schooner or Sloop, Four Shillings and three pence All other Vessels, Seven SMUings and one penny Signing Statutes, Colonial and Revolutionary, 1768-1773. 363 Fees of Public Officers. Signing and sealing a Testimonial, Seven Shillings and one penny Signing a Marriage Licence Fourteen Shil lings and two pence Signing Letters of Administration if above Fifteen pounds. Seven Shillings and one penny If under Fifteen pounds. Three Shillings and sixpence Signing a Warrant of appraisement, if above Fifteen pounds. Three Shillings and Sixpence If under Fifteen pounds. One Shilhng and nine pence Signing a probate of a Will three Shillings and sixpence Signing Letters of Guardianship Seven Shil lings and one penny Signing a Warrant for Land One Shilling and nine pence Signing a Certificate or Register for a Ship or Vessel under Thirty Tons by tbe Rule of the Late Act of Navigation; Three Shillings and Sixpence AU above TMrty Tons, Seven Shillings and one penny Signing a. Certificate for persons capable of Contracting Debts : One Shilling and nine pence A Commission for a place of Profit Amount ing to the Value of Fifteen pounds per Annum or More One pound. Eight SMUings and four pence If under Fifteen pounds per Annum, Four teen SMUings and two pence A Warrant to the Judge of the Admiralty to Grant 364 Colonial Records Fees of Public Officers. Grant Letters of Marque; Fourteen SMUings and two pence The Governor (as Ordinary) for hearing and determining every cause litigated Fourteen Shillings and twopence The Great seal to any paper Three SMUings and Sixpence A Dedimus potestatem, Seven SMUings and one penny Special Petition for Rene-wing a Warrant of Appraisement and Fiat thereon; Three SMI- lings and sixpence Renewing a Warrant of Appraisement Three Shillings and sixpence Petition for Letters Dimissory and Fiat thereon Three Shillings and Sixpence ¦Special Citation to shew cause why Adminis tration should not be dismissed; Three SMI- lings and Sixpence Letters Dimissory Seven Shillings and one penny THE SECRETARY'S FEES The Secre- tary-8 Fees A Warrant for Land One SMUing and nine pence Filing the Fiat; Four pence A Grant for Land and preparing the Wax and affixing the same for the seal if Five hun dred acres or under Seven ShUlings and one penny Above five hundred Acres ; Ten SMUings and seven pence A Statutes, Colonial and Revolutionary, 1768-1773. 365 Fees of Public Officers. A Bond, Two ShUlings and two pence Letters of Administration and Bond, Seven Shillings and one penny Writing the probate of a Will and for Letters Testimentary Seven Shillings and one penny A Warrant of Appraisement; One ShiUing and Nine pence Letters of GuardiansMp Seven SMUings and one penny The Bond and Clearance of every Schooner or Sloop Four SMUings and three pence All other Vessels: seven Shillings and One penny Entering a Caveat; one SMUing and Nine pence Writing a Ticket; for those to go off the Country, who are capable of Contracting Debts, one Shilling and nine pence Every person putting up Ms name to depart the province nine pence And under writing One SMUing A Testimonial with the Great Seal Five SMI- lings and nine pence Every Search Eight pence Recording every new Register for a SMp or Vessel Signed by the Governor and attending the Governor on Signing thereof aud Swesiring the party Three ShUlings and six pence Recording or Copying a Will or each Writing per copy sheet four pence A Marriage Licence and Bond; Eight Shil lings and seven pence Mihtia 366 Colonial Records Fees of Public Officers. Militia, Patrole or other Commissions to be paid by the Public, four Shillings and three pence Entering Satisfaction on each Mortgage One Shilling and One penny A Citation One Shilling and ten pence Entering a Brand and Mark one SMUing and One penny Preparing and Countersigning a Dedimus potestatem; Two Shillings and two pence A Commission for a place of profit Amount ing to the Value of Fifteen pounds per Annum or upwards Seventeen Shillings and Ten pence places under that Value; Ten SMUings and nine pence Attending the Courts of Justice with Records Two Shillings and Ten pence. Every Writ of Election, and affixing the Great Seal Eight Shillings and seven pence Drawing and Engrossing a Proclamation, Four Shillings and three pence A Commission of the peace ; One pound Eight Shillings and four pence Preparing Wax and attending the fixing the Great Seal to any paper; Two SMUings and two pence Reading a Petition in the Ordinary's Court and Order thereon. Two Shillings and five pence If exceeding two Copy Sheets; per Copy Sheet five pence halfpenny Attending the Governor in the Ordinary's Court Statutes, Colonial and Revolutionary, 1768-1773. 367 Fees of Public Officers. Court upon matters contested Two SMlhngs and two pence Special Petition for Renewing Warrant of Appraisement and fiat thereon. Three SMUings and Sixpence Rene-wing Warrant of Appraisement, Three Shillings and sixpence Petition for letters Dimissory and Fiat there on Three Shillings and sixpence Special Citation to shew Cause why Adminis trators should not be dismissed. Three SMUings and Sixpence Letters Dimissory Seven SMUings and one penny Petition for Letters of Guardianship Bond Recording and filing the petition Seven SMI- lings and one penny FEES OF T^E CLERK OF THE COUNCIL Drawing and reading a Petition Three SMI- the'coSn- lings and sixpence """ ^^^^ An Order on that petition; One Shilling and ten pence half penny The Copy of any paper exceeding two Copy Sheets per Copy Sheet four pence half penny The Copy of any paper not exceeding two Copy Sheets One Shilling and Tenpence A Citation Summons, One SMUing and five pence Entering any paper per Copy Sheet or Cop ies of them four pence half penny Every 368 Colonial Records Pees of Public Officers. Every Oath in Council (State Oaths ex cepted) nine pence Reading Countersigning and entering all Grants Signed in Council, One SMUing and ten pence half penny Attending and entering the Minutes on Ca veats for Land and Order thereon Nine SMI- lings. Reading Reasons or any Written E-vidences relating thereto : Nine pence. Attending and Administering State Oaths to any person admitted into any place of profit, and gi-ving a Certificate thereof if required; for a place upwards Fifteen pounds per An num, Three Shillings and seven pence A place of that value or under One SMUing and Ten pence half-penny For every Order on the Treasurer drawn by direction of the Governor in Council Eight pence FEES OF THE CLERK OF THE UPPER HOUSE OF ASSEMBLY Clerk of the A fair Copy of the Journals for the use of upper house , .^ biy^^e^e^" ^^^ Housc With Marginal Notes and an Index to the same per Copy Sheet Sixpence half penny A fair Copy of the same and Duplicate per Copy Sheet four pence half penny Passing a private BiU; seven SMUings and one penny Copying the same if Required by the party per Copy Sheet; four pence half penny Statutes, Colonial and Revolutionary, 1768-1773. 369 Fees of Public Officers. A Warrant of Contempt; One pound One Shilhng A Releasement therefrom; Three SMUings and Sixpence Every day any person shall remain in Cus tody Two Shillings and Sixpence Every Letter by Order of the House ; Three Shillings FEES OF THE MESSENGER OF THE COUNCIL Every private Petition ; One Shilling and Ten pence half penny Messenger Attending on the hearing all Caveats One *'^ Shilhng and Ten pence half penny FEES OF THE DOOR-KEEPER OF THE COUNCIL Every Petition; Eight pence. On every Ca veat, Ten pence half penny Doorkeepers ' -"^ r' ./ Qf tjje Coun cils fees FEES OF THE MESSENGER OF THE UPPER HOUSE OF ASSEMBLY Every Letter sent out by Order of the House Three Shillings Every Mile he shall Travel in Execution of of^the"upper house of any order of the House to be computed from Assembly the House to the place where the same shall be executed per mile Sixpence Keeping 370 Colonial Records Fees of Public Officers. Keeping any person in Custody per day Ten Shillings FEES OF THE CLERK AND MESSENGER OF THE COMMONS HOUSE OF ASSEMBLY. Fees of the The same -with those of the Clerk and Mes- Clerk and ?f^ttfe"com- senger of the Upper House of Assembly. mons house of Assembly THE CHANCELLOR'S FEES The Chan cellors fees Sealing every Writ; Three Shillings and seven pence Signing a Decree in Chancery Fourteen SMI- lings and two pence Every Order on Motion or Petition Three SMUings and Seven pence Signing and Sealing an Exemplification of a Decree Fourteen Shillings and two pence Hearing and determining every Cause One pound Eight Shillings and four pence THE MASTER CHANCERY'S FEES The Master Chancery's Fees Every Summons, One SMUing and ten pence half penny Copies of Charges and discharges brought before the Master each side containing Fifteen lines and six words in a line four pence half penny Taking Affidavits in Writing, if drawn by the Master (the Oath included) One SMUing and ten pepoe half penny Every Statutes, Colonial and Revolutionary, 1768-1773. 371 Fees of Public Officers. Every other Oath: Nine pence Taxing a Bill of Costs, two Shillings and five pence All Accounts referred to him for Examina tion or Settling to be allowed for at the discre tion of the Court of Chancery Taking a Recognizance; Three Shillings and seven pence Every days Attendance upon a final hearing; Three Shillings and seven pence FEES OF THE EXAMINER AND REGIS TER IN CHANCERY. Filing- a Bill, Petition, Affidavit, or other i||^?^er^l TTT 1 li? register in paper. Four pence halfpenny chancery Every Writ of Subpoena; One Shilling and ten pence Attending the Chancellor or Court of Chan cery, on the hearing a petition or Motion Three Shillings and sixpence Attending the Chancellor at his Chambers and for every other necessary Attendance ; One Shilling and nine pence Reading every paper ; One Shilling and Nine pence A Writ of Ne exeat provincia. Injunction or other Special Writ Ten Shillings Every Order on a petition or Motion Two Shillings Entering a Rule or order per Copy Sheet four pence halfpenny Every Search ; Eight pence Copy 372 Colonial Records Fees of Pulblic Officers. Copy of an Order, Bill, Anslwer or other paper per Copy Sheet four pence half penny Every Rule Two ShiUings Taking Depositions of a Witness per Copy Sheet Sixpence half penny Copying such Depositions per Copy Sheet Four pence half penny Setting do-wn a Cause or Demurrer for hear ing One SMUing and one penny Attending at the hearing a Cause or pro nouncing a Decree each day Three SMUings Entering a Motion; One SMUing and one penny Entering the Minutes of a Decree each Copy Sheet four pence half penny Drawing a Decree, each Copy Sheet six pence Entering and fair Copy of every Decree each Copy Sheet four pence half penny Every Attachment; One SMUing and ten pence Entering an Appearance each Defendant; Two SMUingsFEES OF THE SOLLICITORS IN CHAN CERY sonfcito/s''® A Retaining fee Fourteen Shillings and two in Chancery pg^^g Every attendance in Court when any business is done three ShiUings and Seven pence Court fee at hearing the Cause seven SMU ings and one penny Dra-wing every Bill, Answer Plea Demurrer, Rephcation Statutes, Colonial and Revolutionary, 1768-1773. 373^ Fees of Public Officers. Rephcation, or other paper, each Copy Sheet Six pence half penny Fair Copy and Ingrossing same per Copy Sheet each Copy sheet containing ninety Words, four pence half penny Signing thereof; three ShUhngs and seven pence Every motion in Court or defending the same ; Three SMUings and Seven pence A Brief or abstract of the proceedings each Copy Sheet of suoh Proceedings four pence half penny Every Brief on hearing the Cause, or Arguing Demurrer, or Exceptions Seven Shilhngs and one penny A Fee upon every Writ Three Shillings and seven pence Pleading Fee upon every final hearing, or Ar guing Demurrer or Exceptions: Fourteen SMUings and two pence Drawing a BiU of Costs and attending T^a- tion thereof Two Shillings and five pence Copy of the same and Notice; One SMUing and three pence Attending the Master upon any Reference to him by order of the Court Three SMUings and seven pence Drawing every Decree each Copy Sheet nine pence The 374 Colonial Records Fees of Public Officers. THE CHIEF JUSTICES FEES The Chief Justices fees For every Writ of Habeas Corpus ; Two SMI- lings and Six pence Every other Writ or process, Original Judi cial or Mesne and every other Writ or process whatsoever in a Ci-vil or Criminal Case, One Shilling and ten pence half penny Every Summons at Chambers One Shilling Every Order or Rule whether at Chambers or at Court Sixpence Every Recognizance taken before him in a Civil or Criminal Case; Three ShUlings and Seven pence Every Warrant by him, two SMUings and Ten pence Every Mittimus by him, One SMUing and Ten pence Every Affida-vit in Writing, taken before him One Shilling and five pence Administering an Oath in Court or at Cham bers Nine pence Every Deposition taken before him to send out of the province One Shilling Every Copy of a Record under the Seal of the Court to send out of the Province, Two ShiUings and Sixpence Every other Exemplification under the Seal of the Court and for Signing the Testimonial thereof Five Shillings and five pence Taking acknowledgement of Satisfaction Nine pence Judges Books on an Issue of Law or Fact in a Civil Statutes, Colonial and Revolutionary, 1768-1773. 375 Fees of Pulblic Officers. Ci-vil or Criminal Case, Three Shillings and seven pence T^axing a Bill of Costs in a Ci-vil or Criminal Case two Shillings and five pence Dra-wing a Special Jury. Five SMUings and Nine pence Dra-wing a Special Jury at a Special Court Five SMUings and nine pence Every Special Court and Attendance thereon Fourteen Shillings and two pence The Admission of an Attorney two pounds Seventeen Shillings and sixpence Every Judgment Confessed out of Court Six Shillings Taking the private Examination of a Feme Covert and Signing the Testimonial thereof Seven Shillings and one penny Cross Examination of any Witness out of Court; Three Shillings and seven pence Every Attachment for a Contempt and seal of Court Seven Shillings and one penny Every Judgment in a Ci-vil or Criminal Case; One SMUing and Ten pence half penny Every Motion in Arrest of Judgment or De murrer in Law or Special Verdict or for a New Trial in a Ci-vil or Criminal Case One SMUing Hearing every Motion ; Six Shillings and one penny Every Indictment found ; Three SMUings and seven pence The Examination of a person committed for a Contempt of Court; Ten SMUings and nine pence The 376 Colonial Records Fees of Public Officers. The Admission of a Guardian to prosecute or defend a cause for a person under Age Two Shillings Entering an Action in the Judges Book that is to be tried by a Jury : One Shilling Receiving a private Verdict One SMUing and sixpence For allowance of a Writ of Error; Three Shillings and seven pence Returning a Writ of Error, One Shilling and ten pence half penny For the Trial or hearing of any cause whether civil or Criminal or Writ of Inquiry; Three Shillings and Seven pence Discontinuing of any Action : One SMUing Prohibition Granted ; Four SMUings and nine pence A Dedimus Potestatem; seven Shillings and One penny Marking the Roll ; that a Writ of Error is al lowed One Shilling Transcript of the Record, Examined by the Judge to be Annexed to a Writ of Error; Three Shillings and seven pence Return of Cerciorary in a Civil or Criminal Case Two Shillings Allowance of a Writ of Audita Querela : Three Shillings and seven pence Every Appeal to the General Court from an Order or Adjudication of any Justice or Justi ces of the peace. One Shilling For the Renewal of every Capias against de faulting Jurors One Shilling Fees Statutes, Colonial and Revolutionary, 1768-1773. 377 Fees of Public Officers. FEES OF THE ATTORNEY GENERAL Drawing every Capias against persons in- ... , Pees of tho dieted and not bound over, or against persons ^*^°g™|y presented by the Grand Jury or Constables Three SMlhngs and iseven pence Dra-wing every Capias against Defaulting Ju rors, the Same being Special Five Shillings Filling up Writ and Signing Two SMUings Attendance to seal One Shilling and four pence Attendance to enter with Marshall One Shil ling and four pence Attendance on Return to Receive One Shil ling and four pence Every Renewal thereof. One Shilling Every Recognizance Three ShiUings and seven pence A returning fee against persons Indicted where the Bill is found Fourteen SMUings Drawing every Indictment against any person presented or bound; Seven Shillings and one penny Entering a Noli Prosequi: Fourteen Shil lings and two pence Attending at the Judges Chambers to take the Affida-sdt of any person ; Three Shillings and seven pence Dra-wing every affidavit: each Copy sheet Six pence half penny Pleading Fee Arguing Demurrer Exceptions, or any other motion or Arrest of Judgment each day. Seven Shillings and one penny Every 378 Colonial Records Fees of Public Officers. Every Fiat for Grants for lands (To-wnsMp Lands for new Comers excepted) and keeping a Record thereof Seven SMUings and one penny Every other Fiat seven Shillings and One penny Every person Discharged by Proclamation One Shilling and five pence Sessions fee in every Cause; Three Shillings and seven pence Report to the Governor in each private Case refered to the Attorney General by the Gover nor, Seven SMUings and one penny For every Report Given by order of the Gov ernor or Commander in Chief; Seven Shillings and one penny Fee on every Subpoena; Three Shillings and seven pence Every Ticket; One ShiUing Every Brief : Seven Shillings and One penny FEES OF THE CLERK OF THE CROWN AND PEACE Pees of the ^^^ Attendance on and dra-wing a Jury ; ciown°lnd'^ Three Shillings and four pence The Precept for the Grand Jury Two Shil lings Every Writ Ten pence Every Seal four pence Every panel of a Jury one Shilling Swearing Marshal or Bailiff to Ser-\dce of Summons on Juror four pence Order Peace Statutes, Colonial and Revolutionary, 1768-1773. 379 Fees of Public Officers. Order for Fine unless Excuse made, and en tering same Ten pence Order for Fine peremptory. Entering and Reading Ten pence Copy of name and Order to Insert in the Gazette four pence Copy of Same for the Attorney General; Four pence Fee or Writ of Capias and Seal One Shilling and four pence Filing same Eight pence The Clerks Attendance in hearing a Motion in Arrest of Judgment or other Special Argu ment or at the Judges Chamber; on a petition preferred on a Habeas Corpus or to take the Examination or Information of any person One SMUing Taking an Examination, Information or Affi da-vit each Copy Sheet: four pence half penny Fair Copy of such Examination each Copy Sheet four pence half penny Dra-wing a Warrant One Shilling A Commitment or Liberate; Ten pence Taking an Acknowledgment of Bail before the Judge or in Court and dra-wing Recogni zance thereof One Shilling Every Subpoena Ticket, Sixpence An Order to keep a Bastard Child ; One Shil ling and Mnepence A Writ of Restitution: One SMUing and nine pence Every Cause entered in the Goal Book Six pence Every 380 Colonial Records Fees of Pulblic Officers. Every Indictment Nine pence Filing every Paper; four pence half penny Swearing the Grand Jury each Juror four pence half penny Every Oath in Court : four pence half penny Reading every paper ; Five pence Reading and entering every Verdict Ten pence Every Order of Court entered Eight pence Every Arraignment or Charging a Defend ant -with an Indictment Two Shillings and Ten pence Entering a Plea ; Five pence Copy of every Indictment or other paper each Copy Sheet; four pence half penny Calling a Jury, five pence Swearing a petit Jury ; Four SMlhngs The Clerks Attendance in every cause tried, One Shilling and nine pence Every Sentence or Judgment and entering the same Two Shillings and Ten pence Copy of a Judgment to the Marshal and Or der thereon ; One SMUing and nine pence Calling a Traverse or calling respiting, es treating or discharging a Recognizance; Nine pence Recording the Proceedings of a cause per Copy Sheet four pence half penny A Traverse or Release or any person acquit ted by Proclamation Nine pence Entering every Special Motion; four pence Entering presentments of Grand Jury, and orders of Court each Copy sheet, four pence half penny ' ^ Every Statutes, Colonial and Revolutionary, 1768-1773. 381 Fees of PutoUe Officers. Every Certificate of a Coroners ha-ving re tumed an Inquisition into Court, Nine pence Every Search; Eight pence A Writ of Dedimus Potestatem, Two SMI- lings Renewal of every Capias against defaulting Jurors One shiUing FEES OF THE CLERK OF THE GENERAL COURT. Every Affida-vit taken in Writing, before the Judge or the Clerk of the Court and affiling, cfe^rk°5f*the One Shilling and sixpence court Every Writ, Nine pence Every Seal, Eight pence Pro-ving the Service of every Writ or Sum mons four pence half penny Entering an Appearance; five pence Affiling a Writ, Declaration, Account, Note, or other matter declared on, plea Replication, Rejoinder demurrer Joinder in Demurrer or other or paper Lodged in the Office for that purpose. Nine pence Every Rule to plead. Rule of Trial, or ex ecuting a Writ of Inquiry, Rule to reply Rejoin or other Common Rule Five pence Every usual Search in the Office in any cause during the Course of the proceeding Searches by Attorneys or their Clerks excepted five pence Every search for a Judgment obtained or for any other paper such search not being made during 382 Colonial Records Fees of Public Officers. during the course of the proceedings, searches by Attorney's or their Clerk excepted Nine pence Every Abstract of such Judgment or other paper if the party requires the same. Five pence Every Order for Interlocutory and final Judgment Five pence Signing every Interlocutory and final Judg ment One Shilling and ten pence Every Issue joined; Five pence Entering a Cause on the Docquet and Copies thereof for the Judges; Eight pence The Venire in every Cause tried and enquiry executed one sMUing and five pence Swearing every Jury, Four Shillings and three pence Every Oath in Court (except for Jurors) four pence half penny Reading every Paper Five pence Attendance in every cause tried or Inquiry executed One Shilling and Ten pence Reading and entering every Verdict, Ten pence Every plea or Juror -withdra-wn by Consent of parties or Nonsuit Five pence The Copy of the panel on an Issue Tried at the request of either party. Five pence Taxing a Bill of Costs if Required four pence Recording the proceedings in every caaise per Copy Sheet, four pence half penny Every Satisfaction, Nine pence Copying a Declaration plea or other Writing each Statutes, Colonial and Revolutionary, 1768-1773. 383 Fees of PtDblic Officers. each Copy sheet, otherwise than the Recording the proceedings at large Four pence half penny The Judges Testimonial to an Exemplifica tion One Shilling and ten pence Attendance on a Special Motion or hearing a Summons, Argument on Demurrer or other spe cial Argument, One Shilling and ten pence Entering every Motion, Nine pence Every Order of Court, Five pence Attending dra-wing every Special Jury; Three Shillings and four pence Each days Attendance at a Special Court; Three Shillings and four pence The panel in every Jury, One Shilling ^rawing a Recognizance and attending on taking Special Bail; One SMUing and Ten pence half penny Entering Exceptions to a Special Bail, Nine pence An Additional Bail, Justification or Surren der One Shilling and nine pence Attending at the Judges Chambers on a Pe tition preferred on a Special Motion or on the Examination of sick persons or those departing the Pro-vince One Shilling and nine pence Recei-ving Money into Court and paying it out again One and an half per Centum both in cluded Entering the Request of every Witness de manding Ms Expences before he is Swom ; four pence halfpenny A Certificate if it is required more four pence half penny A 384 Colonial Records Fees of Puiblie Officers. A Summon before a Judge ; Eigbt pence A Rule of Reference or other Special Rule; Eight pence Taking the Examination of any person be fore the Judge ; each Copy Sheet if done by the Prothonotary or Ms Clerk Six pence Fair Copy of suoh Examination each Copy Sheet four pence half penny Recording a Renunciation of Dower per Copy Sheet Six pence The Fees Respecting defaulting Jurors, the same as those allowed the Clerk of the Cro-wn and peace FEES OF THE ATTORNIES OF THE GEN ERAL COURT AS WELL AT SPECIAL AS AT GENERAL COURTS A Retaining Fee in every Cause Seven SMI- Fees of the lings and one penny Attornies of ° x' ./ ci)ur?^&c''^^ The Warrant of Attorney, Nine pence Every Affidavit in Writing and fair Copy thereof per Copy Sheet four pence half penny and sixpence per Copy Sheet for the Original Every Attendance necessary in the Cause, One Shilling and five pence Filling up every Writ and Signing same; Two SMUings and five pence Copy of Writ, and Notice each Copy; One Shilling and five pence If long and Special Three SMUings Drawing a Declaration, Plea, Replication, Rejoinder Statutes, Colonial and Revolutionary, 1768-1773. 385 Pees of Public Officers. Rejoinder, Demurrer, Joinder in Demurrer or other Pleading Two Shillings and Ten pence The Pleadings or proceedings if they are Spe cial more Two SMUings and Ten pence Fair Copy thereof, per Copy Sheet four pence half penny Signing such Pleadings and joinder of Is sue Special Rule of Court or Petition One Shilling and five pence Copy of every Bond, or other Writing de clared on if not exceeding five Copy Sheets One SMUing and Ten pence halfpenny Exceeding five Copy Sheets, each copy sheet four pence halfpenny Fee on every Rule to plead. Rule for Trial or executing Writ of Inquiry Rule to Reply, Re join or other Common Rule nine pence Service of every Rule in Savannah: One Shilling and five pence If out of the Town of Savannah per mile; Two pence A Brief in every Cause Three Shillings and seven pence A Court Fee in every Cause not exceeding two Courts, each Court; Three Shillings and Seven pence Every Subpoena a Ticket and Conduct Money One Shilling and five pence Service of every suoh Ticket in Savannah One Shilling and five pence The Witness Residing out of Town per Mile two pence Pleading Fee in every Cause on a Trial at Law 386 Colonial Records Fees of Public Officers. Law or fact or Motion in Arrest of Judgment or for a New Trial Seven SMUings and one penny Fee on Execultion every Writ of Inquiry Three Shillings and seven pence The Attorney to pay the Petit Jury in every Cause tried or Inquiry executed; Three Shil lings and Seven pence Every Common Motion where an Order En sues One SMUing and One penny half penny Drawing every Judgment at Large One SMI- ling and ten pence half penny If Special More, One SMUing and five pencfc Drawing Bill of Costs Nine pence Copy of Bill and Notice if Contested, One Shilling and two pence Drawing and Ingrossing Execution One SMI- ling and five pence Signing an Execution or Scire facias One Shilling and five pence Fee on ending every Cause One SMlUng and Ten pence half penny Drawing Signing Saltisfaetion and Acknowl edging Satisfaction in Court Two ShiUings and ten pence Attending thereon out of Court; Two Shil lings and Ten pence Every Notice of Bail and Special Motion and Service T'wo Shillings and Ten pence Attending the Judge at his Chambers to Make a Motion, or to Confess Judgment by Warrant of Attorney; Two Shillings and ten pence The Attendance of every Witness who lives in Statutes, Colonial and Revolutionary, 1768-1773. 387 Fees of Puiblie Officers. in the Country each day (allowing a Reason able time for Setting out and Returning home) -with the payment of Ferriages if any in the Way, One Shilling and nine pence and for Trav elling Charges More One Shilling and Nine pence each day if reqmred in Court; and for Witnesses in Savannah One 'SMUing and nine pence each day, if required in Court before the Witness is Sworn Drawing every Petition to the Judge or Court Two Shillings and Ten pence Fair Copy of such Petition per Copy Sheet; four pence half penny Attending the Judge at his Chambers, upon a Petition preferred or upon a Special Argu ment two SMUings and Ten pence Every Special Argument upon a Rule of Court at Chambers or in Court Seven Shillings and one penny Attending Arbitrators upon a Rule of Refer- rence each day if required in Writing by the Arbitrators Ten Shillings Attending and StriMng a Special Jury, Two SMUings and Ten pence Striking Such Jury; One Shilling and five pence Fee on a Venire for a Special Jury; Two SMUings and two pence To pay each Person appearing on the panel of a Special Jury for his Attendance at Court each day; Five Shillings Attending a Special Court each day Seven ShiUings and one penny Exceptions 388 Colonial Records Fees of Public Officers. Exceptions to Bail and Notice thereof Three SMUings and Six pence Attending the Judge to take the Examination of sicke persons, or such as are departing the Pro-vince Three Shillings and seven pence Dra-wing Interrogatories for such Examina tion per Copy Sheet Two SMUings and Six pence Fair Copy of same per Copy Sheet four pence half penny FEES OF THE PROVOST MARSHAL Summoning a Special Jury ; Three pounds Provost Serving every Writ if the Defendant is taken. Marshal rs. . /^ Ci-vil or Criminal Five SMlhngs and nine pence Serving a Summons in Ci-vil or Criminal oases Two Shillings and Ten pence Drawing every Bail Bond; One SMlhng and Ten pence half penny Returning every Summons or Writ ; One SMI- ling and one penny half penny Going by land or Water to Serve a Writ or Summons if Served each Mile from Savannah to the Persons House ; Two pence One FartMng All Goods sold on Execution for the first fif teen pounds five per Cent and for aU above two and an half per Cent and in no other case What soever Diet of WMte Persons each day allo-wing One pound of Flesh and two pounds of Bread all Wholesome pro-visions Ten pence Dieting Negroes each day; Sixpence three farthings Serving Statutes, Colonial and Revolutionary, 1768-1773. 389 Fees of Public Officers. Serving an order of Council on Shore in Criminal matters and not otherwise. Three SMI- lings and seven pence If out of 'Savannah each MUe: Two pence farthing The Commitment of any person, where an Habeas Corpus is afterwards brought for Ms Relief Four SMUings and nine pence The Bond the prisoner is to sign One Shilhng and three pence Every Copy of a Mittimus ; One SMUing and three pence Every Mile bringing back a Prisoner upon an Habeas Corpus; One SMUing and three pence Waiting on a prisoner on an Habeas Corpus where no mileage is paid each day Three Shil lings and Seven pence Executing Every Criminal Fourteen ShilUngs and two pence For Attending the Jury Withdrawn to Con sider of a Verdict Two 'SMUings For an Execution on the Body; on the true Debt and Costs five per Centum, on the first Fifteen pounds and two and an half per Cent on all above that sum For each person presented and prosecuted One SMUing Each person acquitted by proclamation Nine pence For a Special Deputation Ten SMUings Making a Le-vy ; Eight Shillings and Sixpence Attending persons taken by Warrant at the Judges 390 Colonial Records Pees of Public Officers. Judges Chambers Three Shillings and seven pence Assignment of every Bail Bond One SMUing and ten pence For Conducting a Prisoner before a Judge or Court, to and from the Common Goal Five Shil lings Executing and Returning a Warrant of Es cape Three Shillings and seven pence Mileage thereon Two pence Farthing per Mile Executing and Returning a Bench Warrant Three Shillings and Seven pence For each Mile to serve the same ; Two pence Farthing FEES OF THE JUDGE OF THE AD MIRALTY Fees of the A Warrant of Arrest and each other War- Judge of the Admiralty yant Three Shillings and seven pence The Return thereof; One Shilling and ten pence Admitting the Libell; Three SMUings and seven pence A Citation of Witnesses ; One SMUing and ten pence Examining every Witness in Court One Shil ling and five pence Examimng, Repeating and appro-ving each de position taken out of Court; One Shilling and five pence Administering an Oath, Nine pence Holding Statutes, Colonial and Revolutionary, 1768-1773. 391 Fees of Public Officers. Holding every Court in each Cause ; Fourteen Shillings and two pence Every Order entered and iSigned by the Judge One SMlUng and ten pence Every Order before Contestation of Smt; four pence Every Order after. One SMUing and five pence Every Interlocutory Decree; iSeven SMUings and one penny Every Definitive Sentence, Fourteen SMUings and Two pence Every Commission to Examine Witnesses; Seven SMUings and one penny Examining and Admitting each Deposition re turned thereby. One Shilling and five pence Every Letter of Marque, and Instruictions thereon and taHng the Necessary Securities ; Two pounds, two Shillings Taking a Stipulation; One SMUing and ten pence Every Monition to Cite the parties, One SMl Ung and Ten pence Taxing Costs; Two Shillings and four pence Signing a Testimonial affixed to Exemplifica tions under the Seal of the Court Five Shillings and four pence FEES OF THE ADVOCATE GENERAL His Retaining Fee; fourteen SMUings and Fees of the two pence Gene°*l* Taking out the Warrant of arrest, three SMI- lings and seven pence Drawing 392 Colonial Records Fees of Public Officers. Drawing every Libel, Answer, Alligation and other Instrument exhibited by the Copy Sheet Sixpence half penny. Fair Copy of the same per Copy Sheet Four pence half penny Abbreviating every Copy Sheet of Instru ment exMbited by the advers party four pence half penny Every Motion made in Court before Contesta tion of Suit ; four pence half penny Every Motion afterwards. One Shilling and five pence His Fee on Arguing any matter of Law, on wMch an Interlocutory Decree or Definitive Sentence shall be made; Seven SMUings and one penny Taking out each Citation for Witnesses ; One Shilling and one penny Examination of Witnesses for each Copy Sheet taken by the Register; Sixpence half penny A Court fee in Each Cause ; Seven Shillings and One penny A Brief in every Cause, Three ShiUings and seven pence Drawing BUI of Costs and Attending ; Taxing Two Shillings and four pence His Fees upon the Trial of Pirates ; The same as above FEES OF THE PROCTORS OF THE COURT OF ADMIRALTY. Fees of the Proctors of rm.. Adm?raity°' ^^^^ ^^ *^°®® °^ *^^ Advocatc General— Fees Statutes, Colonial and Revolutionary, 1768-1773. 393 Feeg of Publie Officers. FEES OF THE REGISTER OF THE COURT OF ADMIRALTY Every Warrant; One Shilling and Ten pence T-,.,. T- of the Reg- iiling every Instrument, or paper exMbited '^ter in Court four pence Every Citation nine pence Entering every Order before Contestation of suit four pence Every Order after Contestation of Suit Nine pence Reading every Exhibit, Nine pence Every Copy of the proceedings in the Court per Copy Sheet Containing Ninety Words ; four pence half penny Every Interlocutory Decree, each Copy Sheet four pence half penny Every Final Sentence by the Copy Sheet four pence half penny Taking Depositions of Witnesses; by the Copy Sheet Sixpence half penny Every Witness Swom in Court Four pence Entering the Return of every Warrant, Cita tion or other return Four pence Entering every Motion in Court four pence Drawing and Engrossing Testimonials to be signed by the Judge; each Copy Sheet Ten pence halfpenny Writing Monitions to Cite partias, each Copy Sheet Sixpence halfpenny Recording Proceedings each Copy Sheet Four pence half penny Informations 394 Colonial Records Fees of Public Officers. Informations for Contempts, each Witness in terrogated One Shilling and Ten pence Notification of Sales; One Shilling and five pence Every Search ; Eight pence Attending the Judge on Granting Letters of Marque and drawing the Securities ; four ShU lings and three pence Dra-wing a Stipulation; Two Shillings and ten pence PEES OF THE REGISTER OF THE COURT OF ADMIRALTY FOR THE TRIAL OF PIRATES of the Reg- Trial 'o°f *''* The Monition; Nine pence Every Warrant for Apprehending One ShU- ling and Ten pence half penny The Prisoner's Examination; on Writing each Copy Sheet; Sixpence half penny Examining Informers, each Copy Sheet six pence half penny An Order thereon ; Four pence half penny Every Commitment, Nine pence Attendance at Court each day One Shilling and Ten pence half penny Summons for Witnesses each; One Shilhng and one penny half penny Every Oath in Court ; Four pence half penny Every Recognizance; One Shilling and Ten pence half penny Reading the Commission of Piracy; One SMI- ling and one penny half penny Reading the Articles of Accusation; Nine pence Interrogatories St.atutes, Colonial and Revolutionary, 1768-1773. 395 Fees of Puiblie Officers. Interrogatories and Answers each Copy Sheet four pence half penny The same by the Party ; four pence half penny Entering the Prisoner's Defence each Copy Sheet four pence half penny Entering the Votes of the Judges ; nine pence Drawing the sentence ; One Shilhng and Ten pence half penny A Warrant for Execution; One Shilling and Ten pence half penny Copy of the whole proceedings to send home per Copy Sheet, four pence half penny Seal of the Pro-vince and Governors Testimo nial to the whole proceedings ; Fifteen Shillings FEES OF THE MARSHAL OF THE COURT OF ADMIRALTY Serving a Warrant by land and returning the same Three Shillings and seven pence M^l-^sha/of Serving Warrant by Water on ouard any miraity Ship in the Stream of any River and Return; Seven SMUings and one penny Drawing a Bond for the Appearance of any Person attached One Shilling and Ten pence half penny Mileage for every nodle by land Two pence Farthing Every Mile by Water Nine pence Every day keeping a Vessel in his Custody; Five Shillings and Nine pence Ser-ving each Citation and Mileage as above Ten pence half penny Selling 396 Colonial Records Fees of Public Officers. Selling Vessels or Goods and Recei-ving and paying money for the first Fifteen pounds five per Cent and aU above two and an half per Cent Attendance each day. One SMUing and five pence Keeping a person in Custody each day Ten pence half penny Copy of every Warrant if required by the party Attached ; Nine pence FEES OF THE MARSHAL OF THE ADMI RALTY ON THE TRIAL OF PIRATES Each days Attendance; Three SMUings 'and The same SOVeU pence on the Trial ^ of Pirates Exocution of oach Criminal Fourteen SMI- lings and Two pence Commitment; One SMlhng and Ten pence half penny Releasement Three SMUings and seven pence Diet each day allowing one pound of Flesh and two pounds of Bread Wholesome Provi sions Ten pence halfpenny THE REGISTER OF GRANTS FEES Registering any Grant per Copy four pence Fees Of the lialf penny Q?fifs'' °' A Certified Copy of any Grant per Copy Sheet Six pence half penny Every Search Eight pence Fees Statutes, Colonial and Revolutionary, 1768-1773. 397 Fees of Public Officers. FEES OF THE JUSTICES OF THE PEACE TaMng a Deposition in Writing One SMUmg !5^?io°e's*^f and One penny half penny *^^ ^^^ A Warrant and Oath in Criminal Cases One SMUing and five pence A Recognizance ; One Shilling and five pence A Commitment Nine pence Swearing Appraisers and Certifying the same for the whole; One Shilling and five pence A Warrant in Ci-vil Cases One Shilling Every Oath Nine pence A Liberate, Nine pence Examining of Witnesses and hearing and de termining the Cause; One SMUing and five pence Writing and Signing an Execution One SMI- ling Writing and Sigmng the Probate of any Wri ting and Swearing the Witnesses One SMUing and five pence A Hue and Cry One SMUing and ten pence halfpenny FEES OF THE CONSTABLES. 'Serving a Warrant One SMUing Serving an execution One SMUing of con- Poundage after the rate of Three pence in the pound upon all sums Le-vied (Except all sums. Le-vied by Virtue of an Act intitled "An Act for the more easy and speedy recovery of small Debts and Damages") Every stables 398 Colonial Records Fees of Public Officers. Every Mile he shall Travel in the Execution of his Office, outwards only ; Two pence f artMng Carrying on an Hue and Cry ; Five Shillings and four pence Attendance in Searching for Stolen Good.? for every day at the request of the party Com plaining; Two Shillings and Ten pence Every day he shall keep a Prisoner in Cus tody in Criminal Oases only ; Two SMUings and sixpence Every day bringing a Prisoner to Goal as above Five Shillings Traveling Charges for carrying Prisoners to Goal and retuming home each day; Two Shillings and Sixpence All the above Ser-vices to be Certified by a Justice of the Peace FEES OF THE PUBLICK TREASURER Every Entry and Clearance of a Vessel (Oath of the Pub- •' •' ^ u?^r ''"'"^*''' and Manifest included) and for Examining Mas ters in regard to the passengers in the whole; Two Shillings and ten pence Every Entry for an Entire Cargo of Negroes ; Two SMUings and Ten pence Every Other Entry Nine pence Every Drawback; Nine pence Every Bond and Licence ; for retailing Li quors ; Two Shillings and Ten pence For Advertising the Names Annually of all persons who have obtained Licence; Ten SMI- lings For taking Bond &' agreeable to an Act for laying Statutes, Colonial and Revolutionary, 1768-1773. 399 Fees of Puiblie Officers. laying a Tax upon Transcient Trade ; Two Shil lings and six pence For every Entry of Goods imported from the Northern Colonies ; by an Act for laying a Duty upon such Commodities Imported ; One Shilling and Sixpence FEES OF THE COUNTRY COLLECTOR OB COMPTROLLER Fees of the The Entrance and Clearance of a Vessel; SoSoue? Oath and Manifest included; Two SMUings and Ten pence Every other Oath; Nine pence Every Drawback, upwards of three pounds; One SMUing and ten pence half penny And under three pounds ; Nine pence Every Entry of an entire Cargo of Negroes; Two SMUings and ten pence Every other Entry; Nine pence FEES OF THE PUBLIC NOTARIES Every Protest Oath included; not exceeding Sixteen Copy Sheets of Ninety Words ; Eleven Shillings and five pence Duphcate of a protest by the Copy Sheet; Four pence half penny Administering an Oath in any other Case; Nine pence Each Attendance on any person to prove any matter or thing, as Notary Public and certifying the same Three SMUings and seven pence Every other Certificate; Nine pence Noting of the Pub lic Notaries 400 Colonial Records Fees of Public Officers. of the Powder Receiver Pees of the Coroner Noting a Protest ; Five SMUings Every Protest exceeding Sixteen Copy Sheets At Nine pence per Copy Sheet For the Protocal, registered in the Notary's Books per Copy Sheet six pence For a Copy of a Protest if Demanded per Copy Sheet; Four pence half penny FEES OF THE POWDER RECEIVER Every Barrel of Powder of One Hundred poimds lodged in the Magazine and delivered out. One Shilling and sixpence And in Proportion for any other Quantity All Monies he shall receive in lieu of powder One Shilling in the pound FEES OF THE CORONER Every inquest on a Dead person; One pound Ten Shillmgs 1. 10.— Every Inquisition TMrteen SMUings and four pence Every MUe he shall travel to hold an Inqui sition Nine Pence His Fees the same as the Provost Marshal for ser-vice and return of Writs and sales of Lands Goods and Chattels of the Au ditor Gen eral FEES OF THE AUDITOR GENERAL Every Audit of a Grant for land; Six SMI- lings and nine pence Every Search ; Eight pence Fees Statutes, Colonial and Revolutionary, 1768-1773. 401 Fees of Public Officers. FEES OF THE CRYER OF THE COURT ^j the cryer of the Court Every Cause tried — Six pence Challenge of the Jury for Plaintiff or defend ant One Shilling Every Witness sworn on a Voire dire; One SMUing Every Witness Sworn to give E-vidence ; Two pence Swearing an Interpreter each side; One Shil ling Nonsuit, or Defendants Verdict One Shilling Every Cause referred each side .Six pence Withdra-wing a Juror ; each side sixpence Every private Verdict, One Shilling His Fees in the General Court of Sessions Swearing every Witness for the Person in dicted Two pence Calling a Traverse; Two SMUings Every not Guilty; One SMUing Entering every Traverse ; 'Sixpence Every Recognizance and discharged, and ev ery Submission to a fine each One Shilling A Special pardon pleaded; Ten Shillings A General Pardon pleaded; One Shilling From every Attorney at the end of each Court and Sessions and from the Prothonotaries ; One Shilling FEES OF THE CLERK OF THE CHURCH ....r, .„,^„^ . _ of the Clerk OF ENGLAND of the Church Attendance at each Funeral; One Shilling and Ten pence half penny Attendance 402 Colonial Records Fees of Public Offiicers. of the Sex ton For Fees of the SurveyorGeneral Attendance at every Marriage or Christen ing One SMUing and Ten pence half penny FEES OF THE SEXTON Digging the Grave and fiUing it up ; Two SMlhngs and Ten pence Ringing the Bell ; One SMUing and Ten pence half penny THE SURVEYOR GENERALS FEES For a Copy of every Warrant and a Precept thereon; One ShiUing and five pence For a New Precept or prolonging an old one One ShUling and five pence For every hundred acres of Land Surveyed; Two SMUings and four pence For each plat Record of that plat and Certif icate thereof; Seven ShUlings and two pence For the Survey of a To-wn Lot Three SMI- lings and three pence For a Plat of a To-wn Lot, Record and Certif icate of the same; Seven SMlhngs and two pence For an Attested Copy of a Plat; four Shil lings and three pence For a search (that is every different name) nine pence For a Certificate ; One SMUing and one penny For Business done by Special Order of Coun cil not herein pro-vided for; One Shilling and five pence For a Copy of a Warrant -without a precept and Statutes, Colonial and Revolutionary, 1768-1773. 403 Pees of Public Officers. and Certifying the same ; One Shilling and five pence If a Tract of Land or Town Lot Is ordered to and Surveyed for any person and afterwards ordered to be passed to another person the lat ter is to pay all fees due thereon by the person or persons to whom it was before Ordered THE DEPUTY SURVEYOR'S FEES °,\^^^^ Surveyors For every Survey under Twenty Miles from his place of Abode Seven ShUlings and two pence . Also for every Survey per hundred acres Two Shillings and four pence Also for the plat of each Survey Certified and retumed to the Surveyor Generals Office; Seven SMUings and two pence For every Survey above Twenty Miles from Ms place of abode, for every Twenty Miles ex ceeding that distance. Seven SMlhngs and two pence For running out a To-wn Lot if cleared. Three Shillings and three pence And if not cleared; Six Shillings and Six pence For a Certificate of the same returned to the Surveyor General's Office; Seven ShiUings and two pence Provided always And be it Enacted by the En°actTd* Authority aforesaid that in case of the Absence That if tha of the Chief Justice for the time being, from Sa- *^<=^^*^ *^- ^' sent three , days vannah 404 Colonial Records Fees of Public Officers. the Justice who Trans acts the Business be entitled to the moiety of the Fees and In Case of the Death or removal of the Chief Justice the assistant Justices are entitled to the full fees vannah for the Space of three days except upon Public Business That then the Assistant Justice who shaU be thereby obliged to do and transact the Business of suoh Chief Justice at Chambers shall be entitled to the Moiety of such Fees for the business transacted out of the Court by such assistant Justice, as are appointed in and by tMs Act to be taken by such CMef Justice And that in case of the Death or Removal from Of fice of the CMef Justice the Assistant Justice or Justices for the time being who shaU be thereby obhged to do and transact such business shall be entitled to the full Fees as in and by tMs Act are directed to be received by the CMef Jus tice, until another shall be appointed to the said Office Enacted that Pub lick Officers do give a particular account to persons re quiring the same or forfeit ten pounds Proviso & And be it further Enacted by the Authority aforesaid that every Public Officer and person herein before mentioned and Ms Deputy or Agent and every Person Acting as such shall (if thereunto required) be obliged to give to any Person, paying any Lawful or Pretended Fee or Fees of Office; a particular Account of Such lawful, or pretended Fee or Fees of Office, claimed by, and paid to any such Pubhc Officer or person herein before mentioned or his Deputy or Agent or the Person Acting as suoh; under pain that every Pubhc Officer or Person herein before mentioned, or Ms Deputy or Agent or the Person Acting as such; shaU for every refusal or Neglect so to do forfeit the sum of Ten pounds with Statutes, Colonial and Revolutionary, 1768-1773. 405 Fees of Public Officers. with Costs of Suit to be sued for recovered and applied in manner herein before directed — Pro-vlded always and Be it further Enacted Enacted that suits by the Authority aforesaid that all Smts and Ac- ^frtu^^f'"' tions wMch shaU be brought or commenced by trild'^n'^sil Virtue of tMs Act shaU be brought before the """"^^^ end of Six Months after the Offence Committed and not otherwise And be it Enacted by the au- 'thority aforesaid that in Case any Public Offi- . ,- that If Pub- cer or person herem before mentioned shall be "^"^ omcers are sued sued or prosecuted for or by reason of any Fee of Office whatsoever and a Verdict shall be given for such Public Officer or other Person or if the Plaintiff . or Prosecutor shall discontinue such and a ver dict be glv- their suit or prosecution or shall be non suited ^e*pros"cu- therein such Pubhc Officer or Person shall re- feu^douwe cover Double costs Enacted Provided also that tMs Act shall Continue in Proviso force for three years and from thence to the end ^^^ ^^^_ of the then next Sessions of the General Assem- threl y'e^a^s^ bly and no longer Provided lastly and it is hereby Declared thafneitherlhis Act,~nor any part thereof shall ^^°Ty^°that take effect until Ms most Sacred Majesty shall shaii n*ot 'tSike effect Notify his Confirmation, and aUowance thereof ^"^V^gf'^ to Ms Governor or Commander in Chief of tMs Ms"aiU)w"'^ Pro-vince for the time being, any thing herein It"^ before 406 Colonial Records Hides and Leather. before contained to the Contrary in any wise Notwithstanding By Order of the Commons House of Assembly Will" Young Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 29'" September 1773 Assented to Ja Wright Title Preamble (State ArcMves.) AN ACT For Granting to his Majesty a duty upon Raw Neat Hides exported from this Province and for preventing the Exportation of unmer chantable Tann'd Leather Whereas the Exportation of Raw Neat Hides from this Pro-vince tends to the Discouragement of Industrious Tradesmen and Labourers, in order therefore as much as may be to prevent the Statutes, Colonial and Revolutionary, 1768-1773. 407 Hides amd Leather. the Exportation thereof We pray your most Sa cred Majesty that it may be enacted, And be it Enacted Enacted by His Excellency Sir James Wright Baronet, Captain General and Governor in CMef of Ms Majesty's Province of Georgia by and -with the Advice and Consent of the Honor able the CouncU and Commons House of Assem bly in General Assembly met and by the Author- That the I'ty of the same, that from and after the passing ™e®^aid"on of this Act the duty and Imposition herein after ixpor^te^d**^ mentioned shaU be laid imposed and paid on G?eat^Bri-* every Raw Hide exported from this pro-vince (Except tq Great Britain) for the use of his Majesty Ms Heirs and Successors and be applied of'^his^Ma- and disposed of in such manner as the General Assembly shall tMnk proper, that is to say, on every Raw Hide of a BuU, Steer, Cow, or Heifer the sum of Seven SMUings and Sixpence on every Calf Hide the sum of Two Shillings and Sixpence and for the better Collecting the Duty as aforesaid and for preventing frauds therein Be it 'further Enacted that any Person or Per- hidls'^I^ sons exporting or intending to export any Raw Hides as aforesaid shall at or before the Ship ping the same make an Entry thereof with the Publick Treasurer or the Comptroller of the Country Duties in any one of the several ports of this Pro-vince Specifying the number and Quality of the said Hides so intended to be ex ported -with the name of the Vessel and Master and the place to which the said Vessel is bound and Shall upon Oath declare (which Oath the said Treasurer or Comptroller is hereby empow ered the duty The manner how Raw be Exported 408 Colonial Records Hides smi Leather. ered to Administer) that the same contains a Just and true Account of Raw Hides intended to be by him or them exported as aforesaid and shall thereupon and before the same are put on board such Vessell pay the duty by this Aot imposed on the same to the Publick Treasurer or Comptroller of the Respective Ports — Raw Hides Ship'd be fore eiiitry thereof and the duty to be paid to be for feited how such Eaw hides may be seized And be it Enacted that if any Raw Hides liable to the duty Imposed by tMs Aot shaU be put on board any Ship or Vessel before Entry thereof is made And the Duty paid as afore said, all and every Raw Hide so put on board contrary to the intent and meaning of this Act shall be forfeited and disposed of as herein after is directed and the Comptroller and Waiters in the several ports are, and they are hereby Au thorized Impowered and required (Information being first made On Oath of any Raw Hides being put on board any Ship or Vessel not being entered and the duty paid thereon as aforesaid) to enter on board Such Ship or Vessell in the day time and make Search in all parts thereof and if after Receiving Information upon Oath as aforesaid of such Raw Hides and Skins being on board any Ship or Vessell denial shall be made to the Opening of the Hatches of such SMp or Vessell or of any Locks or Chests Casks Bales, or Packages whatever that there shall be Just reason to suspect contain Such Hides or Skins, the same upon such Denial to break and Open and if any Raw Hides be found therein the same to iSeize and bring on Shore and such Raw Statutes, Colonial and Revolutionary, 1768-1773. 409 Hides and Leather. Raw Hides and Skins shall be and they are hereby declared to be forfeited and if any per son or persons whatever shall resist or oppose the said Comptroller or Waiters in the due Ex- and declared ecution of this Act, every such person so offend ing shall forfeit and pay the sum of Twenty pounds to be sued for and Recovered by Action sfsTing^ the" of Debt, Bill Plaint, or Information in any Court or waiters ' , ' . •'to forfeit of Record in this Pro-vince wherein no Essoign ^^^ Pri-viledge or Wager of Law or any more than one imparlance shall be allowed, provided. Al ways that such forfeiture be sued for within three Months after the Offence committed and to be disposed of as herein after is directed And be it further Enacted that all Raw finss 3.nd Hides or Skins which shall be Seized and for- forfeituresincurred by felted by Virtue of this Act and aU other fines ^""'^ ^<=* and forfeitures that shall or may be incurred in and by the same in case the Value of Amount shall exceed the Sum of Eight pounds the same ^^e"^ ''^''°^' Shall be tried heard. Adjudged and determined in the General Court and where such Value or amount shall not exceed the said Sum of Eight pounds the same shall be heard Adjudged and Determined as directed in and by an Act In- titled "An Act for the more Easy and Speedy Recovery of small debts and damages" all which said fines and forfeitures shall be the one Moiety thereof to the use of the Informer or the person or persons who shall sue for the same, and the other Moiety to his Majesty his Heirs and Sue- pSsed' o'f cessors to be paid to the publick Treasurer of this 410 Colonial Records Hides and Leather. Tanned hides of fered for sale or Ex portation to be first Inspected & Branded and the In spector to give a Cer tificate of his Inspec tion The Treas urer or Comptroller not to clear out the same untill Certifi cate be produced fees of the Inspector this Pro-vince and applied and disposed of for the use of Ms Majesty his heirs and Successors in such maimer as the General Assembly shall think proper And for preventing the exporta tion of Unmerchantable Tanned Leather Be it further Enacted that all Tanned Hides, Sides or Calf Skins that shall be offered for sale or Intended for exportation Two months from and after the passing this Act shall be thoroughly Tanned free from broken grain the Bark Scoured off Well Stoned and perfectly dry and shall not be SMpped or taken on Board any SMp or Vessell -with out being first Inspected by an Inspector to be hereafter Appointed who shall Inspect and brand every Good and Mer chantable Hide, Side, or Skin by Mm so in spected and give unto the person purchasing or intending to Ship the Same a Certificate thereof Setting forth that he hath Inspected and bran ded so many Hides, Sides or Skins of Tanned Leather wMch Certificate shall be produced and delivered to the Treasurer or to the Comptroller of the Country duties on entering out the same who is hereby forbid clearing out any Leather without Such Certificate under the pen alty of five pounds for every such offence and the Inspector shall be allowed for every Hide Side or Skin he shall inspect the foUo-wing Fees Viz' for every Hide three half pence, for every side one penny, for every Calf Skin One half penny which Fees shall be equally paid by the Buyer and seller And Statutes, Colonial and Revolutionary, 1768-1773. 411 Hides and Leather. And be it further Enacted that any leather on^board""* put on board any Ship or Vessell for exporta- Sg in- tion -without being first Inspected and Branded as aforesaid by the person appointed for that purpose shall be and is hereby declared to be forfeited forfeited agreeable to the Intent and mean ing of tMs Act, and the Master of any SMp and Mas- or Vessell taking such Hides Sides or Skins on seis having" such on board his SMp or Vessell not mspected or bran- board £20 ded as aforesaid shall forfeit for every such offence a Sum not exceeding Twenty pounds or less than five pounds to be Levied Recovered and applied as herein before directed And be it further Enacted that such Person inspectors before en- or Persons as shall be appointed Inspector or ora^e^ °" Inspectors as aforesaid shall be and they are hereby directed before they enter into the Ex ecution of their Office Severally And Respect ively to take the following Oath before one of are to take •' ° an Oath the Judges of the General Court who shall grant such Inspector or Inspectors a Certificate there of Viz',, "1„ A„ B„ do Solenmly Swear that I will faithfully and Impartially execute the busi- ^^^ og^jj, ness and duty of an Inspector of Tanned Leather in the Port of to the best of my Skill and Judgment without favour or prejudice and -without any delay Agreeable to an Act of the General Assembly of tMs Province Intitled An Act for Granting to his Majesty a duty upon Raw neat Hides exported from this Pro-vince and for preventing the exportation of Unmer chantable Tanned Leather and that I wUl not directly 412 Colonial Records Hides and Leather. directly or indirectly buy or Sell any Leather for Exportation either on my Own Account or that of any Other person or Persons during such time as I shall continue in tMs Office And for the more Effectual and better securing the payment of the duties imposed by this Act as well as to prevent the Exportation of Unmer chantable Tanned Leather Masters of Vessells at Clearing to take an Oath The Oath Treasurer or Comptroller neglecting to Tender such Oath to forfeit £20 Be it further Enacted that every Master or Commander of any Ship or Vessell shall be obliged at the Clearing out such SMp or VesseU in the Several Ports to take the foUo-wing Oath before the Treasurer or Comptroller appointed for that purpose, that is to Say I„ A„ B„ do Swear that the manifest of my Cargoe now pro duced contains a Just and tme Account of aU such Bull, Steer, Cow or Heifer Hides Calf Skins or Tanned Leather on board the whereof I am Commander and that I do not intend or wiU take on Board the said Vessell before my departure from tMs Pro-vince any Bull, Steer, Cow or Heifer Hide or Side CaH 'Skin or Tanned Leather except as expressed in the manifest aforesaid and if the Treasurer or ComptroUer shaU neglect or refuse to Tender or Administer the said Oath the Treasurer or such Comptroller shall forfeit and pay a sum not exceeding Twenty pounds and not less than five pounds to be Levied Recovered and AppUed as herein before is directed And be it further Enacted that if any In spector Statutes, Colonial and Revolutionary, 1768-1773. 413 Hides and Leatheir. specter shall Intentionally brand any Tanned i^Htsnura-^ Hides, Sides or Skins that shall not be Mer- fni Tannt"d chantable Such Inspectors shall forfeit for every not ^Mer chantable such offence the sum of Two SMUings and Six pence for every Hide, Side, or Skin so branded 1%%'^^^^ to be recovered and applied as herein is before Directed And be it further Enacted that the Comp- That the troUers of the several Ports in this Pro-vince for comptroller of the sever- the time being, shall every Six Months Account ^^ ^°'"*® -with and Transmit to the Treasurer the Amount of the duties and Forfeitures paid and arising from and by Virtue of tMs Aot and that the said Treasurer shall yearly and every Year months'^'Ao- State an Account of the same by bim Received the'rreTs*^ and lay the same before the General Assembly and shall place the neat Produce thereof to the Credit of the Publick — And be it further Enacted that if any Action or Suit shall be brought or Commenced in any Any Ac- Court of Record in this Province against any menced°'"" Person or Persons Whatever for any Act mat- person ter or thing done or to be done by Mm or them by Virtue of and in Pursuance of this Act it thing done by virtue of shall and may be lawful for Such Person or ^^^^ ^^'^ Persons so sued to plead the General Issue and . such person give tMs Act and the Special Matter in evidence Sit^'generai and in case the Plaintiff or Plaintiffs in such ^^^"^ Action or Suit shall discontinue become nonsuit or a Verdict shall pass against Mm or them the Judge and Judges of Such Courts shall Tax and allow 414 Colonial Records Sides and Leather. allow to such defendant and Defendants Ms and their double Costs of suit for which every such defendant and defendants shall have the same Remedy as in other Cases when Costs by Law are given to defendants and that this Act shall be deemed and taken as a Publick Act And be it further Enacted that this Act shall be and Continue in force for and during the space of Two Years from and after the passing thereof and from thence to the end of the next Session of the General Assembly and no Longer — to continue in force two years By Order of the Commons House of Assembly Will" Young Speaker By Order of the Upper House of Assembly James Habersham President CouneU Chamber 29* September 1773 Assented to Ja Wright. State Title Statutes, Colonial and Revolutionary, 1768-1773. 415 Paper Bills of Credit. (State ArcMves.) AN ACT To empower the Commissioners of the General Loam to Stamp Reprint Sign and Issue paper Bills of Credit to the Amount of Five Hun dred and Twenty pounds Sterling being in Lieu of that Sum Received by them as Interest Money Unappropriated (the Bills of which are Obliterated and Decayed) by Virtue of An Act Entitled, An Act for Stamping Imr- printing, Issuing and Making Current the sum of Seven thousand four hundred amd Ten 'pounds in Paper Bills of Credit and for ap-i plying amd sinking the same and for Appro priating the said sum of five hundred and twenty pounds in Aid of the General Tax for the Service of the Year One thousand seven Hundred and Seventy three And Also to Re print Sign and Issue the further Sum of Sev enty three pounds for other purposes therein Mentioned — Whereas there Remains in the Hands of the Commissioners of the General Loan the sum of One Hundred and tMrty pounds per Annum Interest Money Unappropriated since the Sev enteenth day of February One thousand seven hundred and Sixty Nine Received by them by Virtue of An Act Entitled "An Act for Stamp ing, Imprinting, Issuing and making Current the sum of Seven thousand four Hundred and Ten Preamble 416 Colonial Records Paper Bills of Credit. Enacted That the Commissioners of the General Loan are required to print Paper Bills of Credit to the amount of £520 in Lieu of Bills Oblit erated That the said sum is to go in aid of the Gen eral Tax Ten pounds in Paper Bills of Credit and for applying and Sinking the same" amounting in the whole to the Seventeenth day of February last Inclusive to the sum of Five hundred and twenty pounds Sterling And Whereas it ap pears from a Report of the said Commissioners of the General Loan that the paper BiUs of Credit Received by them for the said Unappro priated Interest Money are become TotaUy de faced. Obliterated and decayed We therefore Pray your most Sacred Majesty that it may be Enacted And be it Enacted by his Excellency Sir James Wright B'aronet Captain General and Governor in CMef of the Pro-vince of Geor gia by and with the ad-vice and consent of the Honorable Council and the Commons House of Assembly in General Assembly met and by the Authority of the same that the said Commissioners of the General Loan may and shall and they are hereby Au thorized empowered and Required to Stamp Reimprint 'Sign and Issue to the Publick Treas urer immediately after the passing of this Act Paper Bills of Credit to the Amount of Five hundred and twenty pounds Sterling in lieu of that sum Received by them as Interest Money and since become Totally Obliterated and de cayed And be it further Enacted by the Authority aforesaid that the said sum of five hundred and Twenty Pounds Sterling so to be Issued as aforesaid Statutes, Colonial and Revolutionary, 1768-1773. 417 Paper Bills of Credit. aforesaid shall be applied to and go in aid of the General Tax for the Service of the present Year And be it further Enacted by the Authority That the aforesaid that the said BiUs so defaced, Obht- *^'=^'^ s'"« crated and decayed shall by the said Commis sioners be laid before a Committee of the Gen eral Assembly when appointed for that purpose and be by them burned and destroyed — ed And Whereas it has been set forth and Made appear upon Oath by John Mulryne Esquire of the Parish of Christ Church that by an Acci dent of fire he Sustained a Loss of Sixty pounds in the said paper Bills of Credit And Whereas it has also been set forth and made appear upon Oath by John Francis Rainier of the Parish of Saint Mathew that by an Accident of Fire he That the Commis- also sustained a Loss of thirteen pounds m the sioners do '- stamp & Is- said Bills of Credit Be it therefore Enacted john^Mui- by the Authority aforesaid that the said Com- '"''"^ ^^'^ missioners of the General Loan may and shall and they are hereby Authorized empowered and Required immediately after the Passing of this Act to Stamp Reimprint sigTi and Issue to the said John Mulryne Esquire paper BiUs of Credit in neu of to the Amount and in lieu of the said sum of destroyed by fire Sixty pounds so destroyed by Fire as aforesaid and also to Stamp Reimprint Sign and Issue to . i^ • • 1-. T.-11 /. & to John the said John Francis Rainier Paper Bills ot prancisRainier fli Credit to the Amount and in Heu of the said tJ?oyed"byfire Sum 418 Colonial Records Paper Certificates. Sum of TMrteen Pounds also so destroyed by fire as aforesaid By Order of the Commons House of Assembly Will" Young Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 29"' September 1773 Assented to Ja. Wright Title Preamble (State Archives.) AN ACT For Granting to his Majesty the sum of Four Thousand Two Hundred and Ninety Nine pounds and for empowering the Commission ers therein named to Stamp imprint, sign, and Issue paper Certificates to the Amount of the said Sum for the uses and purposes therein) Mentioned Whereas no Tax Act has been passed in tMs Pro-vince Statutes, Colonial and Revolutionary, 1768-1773. 419 Paper Certificates. Pro-vince since the Tenth of May One thousand seven hundred and Seventy which makes it nec essary at this time to raise a Very Considerable Sum And Whereas the Tax laid for Several Years before was not duly and Wholly Collected by Reason whereof there is a great deficiency and a large Sum of Money now Remains due and unpaid to the Treasurer and Sundry Cer tificates Issued by Virtue of Several Laws of tMs Province and otherwise which Ought to have been called in and sunk are still out and Circulating, That is to say The Smn of One Hundred and Ten pounds being the Ballance of Certificates not provided for issued pursuant to An Act passed the Twenty fourth of April One thousand Seven Hundred and Sixty Entitled an Act for Raising and Granting to Ms Majesty the Sum of One thousand One Hundred pounds Sterling for putting the Town of Savannah and the out forts in the several Parishes of this province in a better State of defence. Also the sum of Fifty Nine pounds being the Ballance of Certificates not pro-vided for issued pursuant to an Act passed the Ninth of June One thousand seven hundred and Sixty one Entitled An Act for Raising and Granting to his Majesty the sum of One hundred and Eighty pounds to re pair the Light House on Tybee Island and for Laying a duty on Negroes that have been above Six Months in any of the Islands or Colonies in America and imported for Sale into this Prov ince — Also the Sum of Four hundred and Sev enty two pounds Eight Shillings and one penny half 420 Colonial Records Paper Certificates. half penny being the Ballance of Certificates not pro-vided for issued pursuant to an Act passed the Nineteenth December One thousand Seven hundred and Sixty one Entitled an Act for Raising and Granting to Ms Majesty the sum of Four Hundred and forty pounds Ster ling for erecting a Fort on the Island of Cock spur in the River Savannah and the sum of One Hundred pounds Sterling for erecting a look Out and battery on Midway River and for em powering Commissioners to Issue Certificates for the said Sum and for Sinking the same by a Tax of Ten Shillings Sterling on every hun dred pounds Value of Deer Skins and Beaver Skins exported from or taken or Carried out of tMs pro-vince to any part of Ms Majestys Domin ions except to Great Britain only. Also the sum of Four Hundred and Seventy pounds being the Ballance of Certificates not provided for Issued pursuant to An Act passed the Tfwenty fifth of March One thousand Seven Hundred and Sixty iive Entitled an Act for Building a Fort and Barracks within the same on the Lands Re served for the use of the Publick Near the Town of Augusta in the parish of Saint Paul, a Guard House in Savannah, and Repairing the Barracks in the fort in the Town of Frederica on the Isl and of Saint Simon and for Granting to his Maj esty the sum of Six hundred and fifty pounds. Sterling to defray the Expence of the same. Also for appointing and empowering Commis sioners to Issue Certificates for the said pur poses. Also the sum of Seven hundred and Eight pounds Statutes, Colonial and Revolutionary, 1768-1773. 421 Paper Certificates. pounds being the ballance of Certificates not pro-vided for Issued pursuant to an Aot passed the Sixth of March One thousand seven hundred and Sixty Six Entitled An Act for encouraging Settlers to come into the pro-vince and for Grant- . ing to Ms Majesty the Sum of One thousand eight Hundred land fifteen pounds Steriing to be issued in Certificates by the Commissioners herein named for the said purpose and also for Rebuilding the Court House in Savannah in consequence of an Act of the General Assembly passed the Twenty Ninth of February One thou sand Seven hundred and Sixty four Also for ihe Sum of Two Thousand four hundred and tMrty pounds being the ballance of Certificates not pro-vided for Issued pursuant to an Aot passed the Tenth of May One thousand Seven Hundred and Seventy Entitled an Act for Granting to Ms Majesty the Sum of Three Thousand Three Hundred and Fifty five pounds Nine SMUings and one farthing for the use and Support of the Government of Geor gia for the Year One thousand seven Hundred and Seventy to be Raised at certain Rates after the Method therein Mentioned, for the More Ef fectual Cbllecting of Arrears and for Exempt ing the Parishes of Saint Da-vid, Saint Patrick, Saint Thomas and Saint Mary they not being Represented. And Whereas a Sum not exceed ing Forty Nine pounds Eleven Shillings and Ten pence halfpenny will be necessary for the purpose of defraying the expence of Imprinting the Certificates hereafter Mentioned and other wise 422 Colonial Records Paper Certificates. -wise carrying this Act into Execution, amount ing in the whole to the sum of Four thousand Two Hundred and Ninety nine pounds And Whereas it is Expedient that the Said Certificates should be all caUed in and sunk and that the said deficiencies or Monies due to the Treasurer should be all made good and paid off And Whereas the whole sum due for the Expences of Government from the Twenty Ninth of September One thousand seven hun dred and Seventy to the Twenty ninth of Sep tember One thousand seven Hundred and sev enty three and Also a sum Sufficient to pay and make good the deficiencies in collecting the for mer Taxes Cannot be raised and Levied in one year without laying too heavy a burthen on the Inhabitants for Remedy whereof and to the end that Justice may be done and pubhck Credit duly Supported We pray your most Sacred Ma jesty that it may be Enacted And be it Enacted by his Excellency Sir James Wright Baronet Captain General and Governor in CMef of the Province of Georgia by and with the advice and Consent of the Honorable CouncU and Commons House of Assembly of the said province in Gen eral Assembly met and by the Authority of the s^™e that the Sum of Four thousand Two hun- ilSr^^'^ ^^^^ ^^^ ^^^^^y ^i°e pounds be granted unto Ms certiflci?es Majesty and that the same shall be issued in Certificates and that it shall and may be lawful to and for the Commissioners hereafter named and appointed and they are hereby Authorized, empowered Enacted That the sum of £4299 be granted to Statutes, Colonial and Revolutionary, 1768-1773. 423 Paper Certificates. empowered and required Immediately after the er^^pow-" passing of tMs Act, to Stamp Imprint and Sign print *the paper Certificates to the Amount of Four Thou sand Two hundred and Ninety nine pounds and -with suoh de-vice as the said Commissioners shall think proper and shaU be of the Tenor and in the words and figures FoUowing "TMs Certificate Entitles the bearer to the scate^""" ' sum of Twenty SMUings being Issued for the 'purposes Mentioned in an Act Entitled an 'Act for Granting to his Majesty the sum of ' Four Thousand two hundred and Ninety nine 'pounds and for Empowering the Commission- ' ers therein named to Stamp imprint Sign and 'Issue paper Certificates to the Amount of the ' said Sum of Four Thousand two hundred and 'Ninety nine pounds for the uses and purposes 'therein Mentioned and is to be Received in all 'payments made to the Treasurer of tMs prov- 'inoe only and from any person carrying the 'same to the Treasurer to be Exchanged for ' Current Money until the Twenty Ninth day of 'September One thousand seven hundred and ' Seventy Six and no longer and if not brought 'in to the Treasurer to be Exchanged by that 'time the Publick of this pro-vince -will not be 'liable to make pro-vision for the same" And be it further Enacted by the Authority commis- aforesaid That the Honorable Noble Jones and nami" James Edward Powell Esquires The Honorable Wm. Young Esquire Noble Wimberley Jones, Joseph 424 Coloxial Records Paper Certifieatfs Joseph Clay, TlioDias Shruder and Samuel Far ley Esquires or any Five of them shall be and they are hereby Nominated and appointed Com missioners for Stamping imprinting Signing and issuing the said Certificates according to the true intent and meaning of this Aot And in case of the Death or Refusal to Act, or removal from tMs province of any of the said Commissioners Other person or persons shall be appointed by the G^eneral Assembly or (during the proroga tion or in case of a Disolution of the Assembly) by the Governor and Council in the room of those dying or Refusing to Act, or remo-ving from this Province who shall have all and every the same trust and powers and be under the same Obligations as the Commissioners named in and by this Act. And be it further Enacted by the Authority The said aforesaid that the said Sum of Four thousand lu"k*by^ti. two hundred and ninety nine pounds Granted to His Majesty for the purposes before men tioned shall be sunk by the General Tax of tMs Province in the manner foUo-wing That is to say, the sum of One thousand Four Hundred and The man- fnl the^'"'" Thirty three pounds part of the Said Sum of Four Thousand two hundred and Ninety mne pounds to be sunk by the General Tax to be raised for the Service of the year of our Lord One thousand Seven hundred and Seventy four and the sum of One thousand Four hundred and thirty three pounds part of the Said Sum of Four thousand two hundred And Ninety Nine pounds Ing the same Statutes, Colonial and Revolutionary, 1768-1773. 425 Paper Certificates. pounds to be sunk by the General Tax to be raised for the service of the Year of our Lord One thousand Seven hundred and Seventy five and the Sum of One thousand four hundred and Thirty three pounds being the Remainder of the said Sum of Four Thousand Two hundred and Ninety Nine pounds to be sunk by the General Tax to be raised for the Service of the year of our Lord One thousand Seven hundred and Sev enty Six And be it further Enacted by the Authority ^^ „ •' *' The Treas- aforesaid that the Treasurer shall and he is Jif®[he°oid" hereby Required and directed immediately af- <^«''"«<=»^te3 ter the Receipt of the said new Certificates from the Said Commissioners to call in all and every change" the out Standing Certificates before mentioned *''®™ and after exchanging the same, cause the said Old Certificates to be burnt in the presence of the whole or the Major part of the said Com missioners And be it further Enacted by the Authority aforesaid that if any person or persons whatso- persons '^ ^ forging ever shall forge or Counterfeit any one or more ^^^^^s^' of the said Certificates by this Act directed to be Stamped imprinted Signed and Issued or that shall utter any such forged or Counter feit Certificate or Certificates knowing the Cer tificate or Certificates so uttered to be forged or Counterfeit — or Shall Council Advise, procure or any wise assist in the forging Counterfeiting Stamping imprinting or issuing any such false Certificate 426 Colonial Records To Prevent Counterfeiting Paper Money. Certificate or Certificates or that shall engrave any plate or make any Instrument to be used tn making such false or Counterfeit Certificate or Certificates, that then every such person or per sons so offending and being thereof LawfuUy iSdlld^'guii- Convicted shall be adjudged to be guilty of Fel- & suffer'""'' ony, and shaU suffer the pain of Death as a Felon "without benefit of Clergy death By Order of the Commons House of Assembly Will"" Young Speaker By Order of the upper House of Assembly James Habersham President Council Chamber 29'" September 1773 Assented to Ja. Wright (State ArcMves.) AN ACT To 'prevent Counterfeiting the paper Money of Other his Majesty's Colonies or provinces in ''"'^ America. Whereas Statutes, Colonial and Revolutionary, 1768-1773. 427 To Prevent Counterfeiting Paper Money. Whereas the want of a sufficient Quantity of Preamble Circulating Specia to Answer the purposes of Commerce or the Exigencies of the Govern ment, hath Induced this and most Others of the British Colonies in America to circulate certain paper notes as a necessary Medium the Counter feiting of which is usually made Felony in the Respective Governments where they are emitted And Whereas it is Supposed that evil minded persons may Establish presses in this province for Counterfeiting the paper Currency of other his Majestys Provinces or Colonies in America and by that means suoh Forged BiUs may be thrown into Circulation with greatter Facility and Security to the Authors thereof and it being Judged Reasonable that Neighbouring Coun tries ha-ving Intercourse in Trade should pro vide as far as in them lies against the debasing of their Medium of Commerce. We therefore pray your most Sacred Majesty that it may be Enacted And be it Enacted by Ms Excellency Sir James Wright Baronet Captain General and Governor in CMef in and over his Majesty's Province of Georgia by and with the advice and Consent of the Honorable Council and Commons House of Assembly in General Assembly met and by the Authority of the same, that if any person or persons after the passing of this Act shall -within this Pro-vince prepare, engrave Stamp or print, or cause or Procure to be pre- That per- pared, engraved. Stamped or printed the Coun- terfeiSng"' terfeit Resemblance of any paper Money which now is or hereafter may be Circulated in pay- ™°"«y ments 428 Colonial Records To Prevent Counterfeiting Paper Money. fsh^coiMfies nients by Legislative Authority in any British in America Q^iony q^ plantation in America With Intention that such Counterfeit Paper ShaU be passed in payments whether the same be so passed or not fer Dea'th shall be adjudged a Felon and ShaU Suffer sSns'in^this Death -without benefit of Clergy and if any per- such^'toow^'' son or persons shall in tMs province pay or Ten- be^counter- der in payment any Such Counterfeit Money, knowing the Same to be Forged or Counterfeited Altered or erased, every Such person being Law- ».„*_.* fiJly Convicted shaU Forfeit the Sum of Two Bhall forieit p^Snds"*'^'* Hundred Pounds Current Money of this prov ince, and shall be Imprisoned in the Common Goal for Six Calendar Months and during Such Imprisonment shall be Publickly WMpped three times to continue '^^^ ^^ ™ FURTHER Enacted by the Authority five'°/ears aforcsaid that tMs Act shall Continue and be in Force for the Term of Five Years and from thence to the end of the next Session of the General Assembly and no Longer By Order of the Commons House of Assembly Will" Young Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 29"^ September 1773 Assented to Ja. Wright State Statutes, Colonial and Revolutionary, 1768-1773. 429 To Continue Laws and for Vesting Perries. (State Archives.) AN ACT To Continue the Several Loms therein Mention- „„, Title ed and for Vesting Several Ferries in the Per sons Mentioned in An Act Intituled An Act for Establishing Several Ferries in this Prov ince in the persons therein Mentioned. Whereas Several wholsom Laws of tMs Prov- preamble ince are near Expiring and it is Expedient that they Should be further Continued We pray your most Sacred Majesty that it may be Enacted And be it Enacted by Ms excellency Sir James ^"»°*** Wright Baronet Captain General and Gover nor in CMef of his Majesty's Pro-vince of Geor gia by and with the ad-vice and Consent of the Honorable CouncU and Commons House of As sembly in General Assembly met and by the Authority of the same That an Act passed the 27*^ of March 1759 for That an Act the better Regulating Tavems Punch Houses fng Tav"ems and Retailers of Spirituous Liquors and further **^ Continued by An Act passed the 4«' of March 1762 and again Continued by An Act passed the 10'" of May 1770 and to the end of the next Ses sion of the General Assembly And Also That an Additional Act passed the Twenty fifth day of March One thousand seven uSnai^A^t hundred and Sixty five to an Act Intitied an Act Act*^* '^'^ for the better Regulating Tavems Punch Houses and 430 ( 'oLONiAL Records To Continue Laws and for Vesting Ferries. and Retailers of Spirituous Liquors which was to Continue and be in force for four years and further Continued by An Act passed the Tenth day of May One thousand Seven hundred and Seventy and to the end of the next Session of the General Assembly An Act for regulatingthe Assize of Bread An Act to prevent Masters of Vessels from Car rying off persons in debt &c amended and con tinued again Con tinued aiiLl further Continneii And Also An Act passed the Eleventh day of April 1768 for Regulating the Assize of Bread which was to Continue and be in force for three years and from thence to the end of the next Session of the General Assembly and no longer And Also An Act passed the Twenty Seventh day of March One thousand Seven hundred and Fifty nine to prevent ^ila.sters of Vessels from Carrying off Persons in Debt from this Province which was to Continue and be in force for two years from the passing thereof and wMch was Amended and further Continued by An Act In- titled An Act to Amend An Act to prevent Mas ters of Vessels from Carrying off persons in Debt from this Pro-vince passed the first day of May One thousand seven hundred and Sixty wMch was to Continue and be in force for the Term of Three Years from the passing thereof, and from thence to the end of the then next Ses sion of the General Assembly and Again Con tinued by an Act passed the Twenty Ninth day of February 1764 and further Continued the Twenty fifth day of March One thousand Seven Hundred and Sixty five, to the first day of No vember One thousand seven hundred and seventy and Statutes, Colonial and Revolutionary, 1768-1773. 431 To Continue Laws and for Vesting Ferries. and from thence to the end of the next Session of the General Assembly and no longer. And Also An Act passed the Twenty Ninth j^ ^^t for day of February One thousand Seven hundred i^hnfenTof" and Sixty four for the punishment of Vagabonds &c and other Idle and Disorderly persons and for Erecting Prisons or places of Security in the Several Parishes of this Province and for pre venting Trespasses on Lands of the Cro-wn or ventfnl ^'^^ Lands Reserved for the Indians and for the on lands -n c/> rA • • • ^'^ ^""^ pun- more Effectual Surpressing and punisMng per- '^^"^^r^er- sons bartering -with the Indians in the woods inli^s*^ which was to Continue and be in force for the Term of Two Years and further Continued by ^ ,^ „ •' further Con- An Act passed the Twenty Sixth day of March """®* One thousand Seven hundred and Sixty Seven, again con- And Again Continued by An Act passed the Tenth day of May One thousand Seven hun dred and Seventy, and to the end of the next Session of the General Assembly And Also An Act passed the Twenty Ninth ^ •' An Act to day ot Febmary One thousand Seven hundred Suppress and Sixty four to Surpress Lotteries and pre vent other Excessive and deceitful gaming wMch was to Continue to be in force for the Space of Seven Years and to the end of the next Session of the General Assembly Lotteries&c An addi tional Act to And Also An Additional Act passed the Twenty fifth day of March One thousand Seven let ^^^^ hundred and Sixty five to An Act Intitled An Aot to Surpress Lotteries and prevent other Exces sive 43: Colonial Records Tu Coutiuue Laws and for Vesting Ferries. sive and Deceitful gaining wMch was to Con tinue and be in force for the Space of Six Years and to the end of the next Session of the General Assembly An Act to prevent the Spread of The small Pox An Act to prevent per sons throw ing Ballast &c and an Act to Amend the same An Act to prevent frauds in laying out Lands and again Continued And Also An Act passed the Eleventh day of April One thousand Seven hundred and Sixty Eight to prevent as much as may be the Spread ing of the Small Pox in this Province which was to Continue and be in force for the Term of Three Years and to the end of the next Session of the General Assembly — And Also An Act passed the Seventh day of April One thousand seven hundred and Sixty ' three to prevent persons throwing Balast or Rubish or Falling Trees into the Rivers and Navigable Creeks within this Province and for keeping Clear the Channels of the Same which was to Continue and be in force for the space of seven Years and to the end of the next Session of the General Assembly And Also an Act to amend the said Act passed the Twenty fifth day of March One thousand Seven hundred and Sixty five and to the end of the next Session of the General Assembly — And Also An Act passed the Twenty fifth day of March One thousand Seven hundred and Sixty five to prevent frauds and Abuses in the Admeasuring and laying out his Majestys Lands in this Province which was to Continue and be in force for the Space of three years and again Continued by an Act passed the Eleventh day of April Statutes, Colonial and Revolutionary, 1768-1773. 433 To Continue Laws and for Vesting Ferries. April One thousand seven hundred and Sixty ti'^d'^ ^°"" Eight and further Continued by an Act passed the Tenth of May One thousand seven hundred and Seventy and to the end of the next Session of the General Assembly — And Also An Act passed the TWenty fifth day A_n A.pt to of March One thousand seven hundred and Sixty prevent pri- vate par- five to amend An Act Intitled an Act to prevent ^"^^hisi^ private Persons from Purchasing Lands from indilns* ^^* the Indians and for preventing persons Trading with them without Licence wMoh was to continue and be in force for three years and from thence to the end of the then next Session of the Gen- . further con- eral Assembly and no Longer and further Con- "°"«V^i- and others and SMp Masters, Supercargoes and courts &c other Transient persons passed the Seventh day of April One thousand seven hundred and Sixty three and Also an Amendment thereto passed the Sixth day of March One thousand seven hun- and an dred 'and Sixty Six and further Continued by th^reto"^"* An Act passed the Twenty Sixth day of March One thousand Seven hundred and Sixty seven contfnued®'^ for 438 Colonial Records To Continue Laws and for Vesting Ferries. for three Years and to the end of the next Ses sion of the General Assembly An Act to prevent fraudulentmortgages &c Shall sever ally and re spectively Continue & be In force for one year And an Aot for Estab lishing sev eral Fer ries vested in the persons there in named for five ^'ears And as the property of the ferries did deter mine the 11th AprilEnacted That the same be re spectively vested in the persons in the said Act named And Also An Act passed the Twenty fourth of December One thousand seven hundred and Sixty Eight to prevent Fraudulent Mortgages and Conveyances and for making Valid all deeds and Conveyances Heretofore made with respect to any Defect in the form and manner of Making thereof with Certain Restrictions which was to Continue and be in force for and during the Term of Three years shall Severally and Respectively Continue and be in force for and during the Term of One Year from the pas sing of this Act and from thence to the end of the next Session of the General Assembly and no long-er And Whereas by a Certain Act passed the Eleventh day of April One thousand seven hun dred and Sixty Eight Intitled An Act for Estab lishing Several Ferries in this Province and for Vesting the same in the persons therein named the said Several Perries are Vested in the Sev eral Persons in the said Act named for the Term of Five Years only A.VD Wtteeeas the property of the said Sev eral Ferries in such Ferries did determine on the Eleventh day of AprU last Be it therefore Enacted by the Authority Aforesaid that the several Ferries in the said Act Mentioned shall be Respectively Vested in the Several persons in the Statutes, Colonial and Revolutionary, 1768-1773. 439 , Master of Vessels to Pay Tax. the said Act named for the Space of one year from the passing of this Act By Order of the Commons House of Assembly Will™ Young Speaker By Order of the Upper House of Assembly James Habersham President CouncU Chamber 29'^ September 1773 Assented Ja Wright. (State ArcMves) AN ACT To oblige Masters of Vessels and other Tran sient Persons importing Negroes or other Slaves, Goods, Wares, and Merchandises to pay Tax for the same, amd to compel persons directed to receive the Same to give Security for the due performance of their Office and for Monies that may be received by them hy Virtue of amy Act of this Province. Whereas 440 Colonial Records Master of Vessels to Pay Tax. WHEREAS Masters of Vessels, Supercar goes and other Transient persons. Import sun dry Negroes and other Slaves Goods, Wares, and Merchandizes into this province for Sale, -without contributing anything to the support of this Government for remedy whereof only and not to lay any Duty on Goods, Wares, and Merchandize or Manufactures imported from Great Britain, but merely to compel such Mas ters of Vessels, Supercargoes and other Tran sient persons as Import Goods into tMs prov ince and vend the same to pay an Assessment on their Stock in Trade for the Support of tMs Government in proportion to the Tax or Assess ment laid on Merchants and other Inhabitants of this province WE pray your most Sacred Ma jesty that it may be Enacted AND BE IT EN ACTED by his ExceUency Sir James Wright Baronet Captain General and Governor in Chief of his Majestys Pro-vince of Georgia by and with the Advice and Consent of the Hon ourable Council and Commons House of Assem bly in General Assembly met and by the Author ity of the same that from and immediately after the passing of this Act aU Masters of Vessels, Supercargoes, and every other transient person and persons who shall Import into this province for Sale any Negroes or other Slaves Goods, Wares, or Merchandize not belonging to or con signed to any Person Resident in this province shaU within Forty Eight Hours after Ms her or their Arrival in the said province deliver in upon Oath to the Comptroller of the Countiy Duties Statutes, Colonial and Revolutionary, 1768-1773. 441 pilaster of Vessels to Pay Tax. Duties at Savannah or the Comptroller at Sun bury or at any other out port that may hereafter be Established a Manifest or S[c]hedule of the several Negroes or other Slaves, Goods, Wares. or Merchandize by him her or them so Imported with the Prime Costs of Such Negroes and other Slaves, Goods Wares, and Merchandize, And the said Comptroller is hereby Required and Authorized to Administer to every such Master of a Vessel, Supercargo or other Transient per sons as aforesaid the following Oath I AB do solenmly swear (or affirm as the Case shall be) that the Manifest S[c]hedule or Account by me now delivered, and given in, is a just and true Account of the Prime Costs or Value of all the Negroes or other Slaves Goods, Wares, and Mer chandize by me imported for Sale on my o-wn Account or on Account of any other person or persons whatsoever not being Resident in tMs pro-vince and that I have not made any fraudu lent consignment of any part of the Negroes or other Slaves Goods, Wares, or Merchandize by me Imported to any person or persons or have directly or indirectly suffered or permitted to be put on shore or land or removed from on board any part thereof So help me God a Copy of which Manifest S[c]hedule or Account so given in and Certified by the Comptroller he she or they shall -without Delay deliver to the Treasurer if at Savannah and if at Sunbury or at any other out Port to the Collector of the Country Duties and at the same time shall pay or give the said Treasurer or the said Collector as 442 Colonial Records Master of Vessels to Pay Tax. as the Case may be sufficient Security for the payment of the Tax due for the same according to the Rate of Two pounds Ten SMUings for every hundred pounds Value of Negroes or other Slaves Goods Wares or Merchandize so Imported to be paid -witMn Two Months after Entry made for which Oath and Certificate the Comptroller shall and may take Three sMlhngs and the Treasurer or Comptroller as the Case may be Two Shillings and Sixpence for the Bond and Entry AND BE IT FURTHER ENACTED that m Case any Master of a Vessel Supercargo or other Person Importing Negroes or other Slaves Goods Wares or Merchandize as afore said shall Neglect or Refuse to dehver in a Man ifest and Account thereof as before Reqmred or take the said Oath when tendered or to pay or to give sufficient Security as aforesaid for the payment of such Tax as shall be due on the Ne groes or other Slaves Goods Wares or Merchan dize so Imported that then and in either of such Cases it shall and may be Lawful to and for any Justice of the peace for the said Province or any Parish thereof where the said Negroes or other Slaves, Goods Wares or Merchandize may be found upon Information of such Neglect or Refusal to Mm upon Oath made by any person or persons to Issue his Warrant under Ms Hand and Seal directed to any Constable or Consta bles Authorizing and Requiring him or them to take and seize all and every such Negroes, or other Statutes, Colonial and Revolutionary, 1768-1773. 443 Master of Vessels to Pay Tax. other Slaves, Goods, Wares or Merchandize that shall or may be so Imported and Exposed to Sale, and to lodge the same with the said Comptroller who is hereby Authorized and Re quired to set up the said Negroes or other Slaves, Goods, Wares and Merchandizes to Sale to the highest bidder at Public Outcry first giv ing Ten Days Notice thereof by Advertisement, And all Monies arising from such Sale, the Ex- pence thereof deducted shall be paid and applied as herein after mentioned and directed. PROVIDED ALWAYS and be it Further Enacted by the Authority aforesaid that where any part of the Negroes or other Slaves, Goods, Wares or Merchandize so Imported by any Mas ter Supercargoe or other Transient Person as aforesaid shall Remain unsold or shall be re exported or bona fide consigned to any Inhabi tant of this Province -within six Months after the Importation thereof and not otherwise that then upon Oath thereof made to the Comp troller (which Oath he is hereby Impowered to Administer) that such consignment was not made -with any fraudulent Intent to avoid the payment of the said Tax then and in that Case it shall and may be la-wful for the Comptroller to Certify the same to the Treasurer or Collec tor as the case may be and the said Treasurer or Collector is hereby Authorized and Required to deduct the Value thereof out of the Gross Amount of the Account given in for which Se curity shall have been given as aforesaid and to 444 Colonial Records Master of Vessels to Pay 'Tax. to Receive Tax only for such part of the Negroes or other Slaves Goods Wares or Merchandize so imported as shall have been actually sold by such Master Supercargoe or other Person as a Transient Trader according to the True Intent and Meaning of this Act. AND WHEREAS it may happen that suoh Transient Traders Importing Negroes and other Slaves, Goods, Wares, and Merchandize for Sale as aforesaid in order to avoid the Pay ment of the Assessment imposed by tMs Act may declare in their Manifest that such Negroes and other Slaves, Goods, Wares and Merchan dize are consigned to Persons being Resident in this Pro-vince to the Great Imposition and Dam age of the Publick BE IT THEREFORE EN ACTED by the Authority aforesaid that all Masters of Vessels coming into this pro-vince and making Entries of their Cargoes on board their Respective Vessels as aforesaid shaU in their Manifest particularly set forth the Quan tity and as far as can be the Quality thereof and to whom the same is or are consigned And the Person or Persons to whom the same shaU be consigned are hereby Required and Directed to make a particular Entry thereof in the Office of the Comptroller of the Country Duties and shaU at the time of making such Entry take. the fol lowing Oath before some Comptroller which Oath he is hereby Authorized and Required to Administer (Viz') I A B do solemnly swear (or affirm as the Case may be) that the Negroes or other Statutes, Colonial and Revolutionary, 1768-1773. 445 Master of Vessels to Pay Tax. other Slaves Goods Wares and Merchandize by me now entered on Board the C D Mas ter from are bona fide on my o-wn Ac count (or consigned to me for Sale or for Ac count of E F resident in tMs Province as the Case may be) and that I have not Received nor expect to Receive any Gratuity or Commission for entering same in my o-wn Name, nor is the same entered in my Name in order directly or indirectly to evade or avoid the payment of the Tax imposed in and by an Act of the General Assembly of this Pro-vince, Intitled an Act to oblige Masters of Vessels and other Transient Persons importing Negroes or other Slaves, Goods, Wares and Merchandize to pay Tax for the same and to compel the Persons directed to Receive the same to give Security for the Due Performance of their Office, and for Monies that may be Received by them, by Virtue of any Act of this Province So help me God. And in Case such Comptroller shall Neglect to Administer suoh Oath to all Persons whatsoever making Such Entry as aforesaid that then such Comp troller shall for every such Neglect forfeit and Pay the Sum of Five Pounds to be Recovered by Action of Debt Bill, Plaint, or Information in any Court of Record in tMs Pro-vince and be to Ms Majesty to be applied as herein after Di rected. : AND BE IT ENACTED by the Authority aforesaid that every Transient Person or Per sons retaihng any Spirituous or other Liquors without 446 Colonial Records Master of Vessels to Pay Tax. without Licence either on Shore or on board any Ship or Vessel within any Port or harbour in this Province such Transient Person or Persons shall be and they are hereby made liable to the same Fines and Penalties as are directed to be inflicted on Persons Retailing Spirituous Li quors without Licence, by an Act intitled an Act for the better Regulating Tavems Punch Houses and Retailers of Spirituous Liquors. AND WHEREAS considerable Sums of Money may come to the Hands of the Collector of the Country Duties or Treasurer of this Province by Virtue of this Act and of the sev eral Acts imposing Duties within this Pro-vince BE IT THEREFORE ENACTED by the Au thority aforesaid that the Treasurer shall enter into a Bond in the Secretary's Office of this Province with good and Sufficient Securities in the Sum of One Thousand Pounds lawful Money of this Province and the Collector or Receiver of the said Duties at the Port of Sunbury or at any other out Port that may hereafter be Estab lished in this Province, The Sum of Five Hun dred Pounds lawful money of this Provincfe, to his Majesty his Heirs and Successors to the use of the said Province, to be disposed of as herein after directed conditioned for the due Perform ance of their Respective Offices and for their Accounting for such monies as shall be Received by them by Virtue of this or any other Act or Acts for imposing Duties within this Province and in Case any Treasurer Receiver or CoUec tor Statutes, Colonial and Revolutionary, 1768-1773. 447 Master of Vessels to Pay Tax. tor of the Public Duties of this Pro-vince that now are appointed to any of the said Offices shall not within one Kalender Month from and after the passing of tMs Act or in Case of any future Appointment immediately after his tak ing upon him the Execution of the said Office give or enter into such Security as herein before directed or shall after that time Receive any Sum or Sums of Money in pursuance of tMs or any other Acts of tMs Province shall forfeit to his Majesty for each and every such Offence the Sum of Fifty Pounds to be Recovered as herein before directed. AND WHEREAS great Trust is Reposed in the Fidelity and Assiduity of the Comptroller of Country Duties BE IT THEREFORE EN ACTED by the Authority aforesaid that each and every Comptroller of Country Duties that now is or may after after be Appointed for any Port in tMs Pro-vince shall before entering upon the Duty of their Respective Offices, give Bond in the Secretary's Office of this Pro-vince -with good and Sufficient Sureties in the Sum of Five Hundred Pounds lawful Money of tMs Province to Ms Majesty his Heirs or Successors for the use of the said Province to be disposed of as is herein after directed Conditioned for the due and faithful performance of their Office accord ing to the True Intent and Meaning of tMs Act and the said Comptroller shall be Subject to the Penalty of Fifty Pounds tn case of Ms Execut ing the said Office before gi-ving Security as aforesaid. And 448 Colonial Records Muster of Vessels to Pay Tax. AND BE IT FURTHER ENACTED by the Authority aforesaid that the Receiver or Collec tor of Country Duties for the Port of Sunbury or any out port that may hereafter be Estab lished, impowered to Collect and Receive the Du ties imposed by this or any other Acts of tMs Province shall once in every Six Months deliver to the Public Treasurer upon Oath (which Oath the said Treasurer is hereby impowered and re quired to Administer) a distinct Account of all Monies by him Received by Virtue or in pursu ance of this or any other Act as aforesaid and shaU then pay the amount thereof to the said Treasurer taking his Receipt for the same first deducting therefrom at the Rate of Five Pounds Per Centum for his Trouble in Receiving the same and for every Neglect of any Receiver or Collector of the Country Duties to make such Return and pay in the Duties so Received by him or them as aforesaid shall forfeit for each and every such Neglect the sum of Fifty Pounds to be Recovered as is herein before directed. AND BE IT FURTHER ENACTED by the Authority aforesaid that the Monies aris'ing from this Act shall be to his Majesty his Heirs and Successors to be paid into the Hands of the Public Treasurer and be apphed in such Man ner as the General Assembly shall direct. And all the fines forfeitures or Penalties imposed by this Act, shall be apphed in manner foUowing that is to say the one half to the Informer and the other half to be paid into the Hands of the said Statutes, Colonial and Revolutionary, 1768-1773. 449 Tax Act. said Treasurer for the Purposes herein before mentioned. AND BE IT FURTHER ENACTED by the Authority aforesaid that tMs Act shall Continue and be in force for and during the Term of Three Years from the passing thereof and from thence to the End of the next Session of the General Assembly and no Longer. By Order of the Commons House Of Assem bly. Will" Young Speaker By Order of the Upper House of Assembly James Habersham President. Council Chamber 29"' September 1773 Assented to JA: WRIGHT (State ArcMves.) AN ACT For Granting to His Majesty the sum of Five Thousand one hundred and Seventy One pounds fifteen Shillings amd tenpence half penny Title 450 Colonial Records Tax Act. 'penny for the use and Support of the Govern- nvent of Georgia, for the Year One thousand seven hundred and Seventy three to he raised at certain Rates and after the Method therein mentioned, and for the more Effectual Col lecting of Arrears. Preamble Enacted That £5171" 15"10 1-2 be raised in 6 months for the sup port of this Government We Ms Majesty's most dutiful and loyal Sub jects the Commons House of Assembly of Geor gia taking into our Consideration the Expences Necessary towards the Support of tMs Govern ment for the present year, and ha-ving resolved to Supply the same Do by tMs Act Chearfully and Voluntarily give and Grant unto His Ma jesty the sum of Five thousand One hundred and Seventy one pounds fifteen Shillings and ten pence half penny to be raised le-vied and paid in the manner and for the purpose hereafter in this Act mentioned, and we do therefore Humbly pray your most Sacred Majesty that it may be Enacted And be it Enacted by His Ex cellency Sir James Wright Baronet Captain General and Governor in Chief of this His Ma jesty's Province of Georgia by and -with the Advice and Consent of the Honorable Council and Commons House of Assembly of the said Province in General Assembly met and by the Authority of the same that the sum of Five thou sand One hundred and Seventy One pounds Fif teen Shillings and ten pence half penny shaU be raised, Levied and paid -within the space of Six months from the passing of tMs Act and is hereby Granted to His Majesty for the Use and Support Statutes, Colonial and Revolutionary, 1768-1773. 451 Tax Act. Support of this Government in the maimer as is herein after Mentioned and Directed. And Be it further Enacted that towards raising of the said sum of five thousand one hundred and Seventy One Pounds Fifteen Shil lings and Ten pence half penny the several Rates and Sums following shall be Rated and Assessed as herein after Mentioned That is to Say the Sum of Two Shillings and Sixpence on Every Hundred Acres of Land in how the same is to this Provmce holden and possessed by Grant he raised by any person or persons Whatsoever. The sum of Seven Shillings and Sixpence on every hundred pounds Value on all Lots in the Town of Savannah Ebenezer, Augusta, Frederica, Sunbury, Hard-wick, and Brunswick Wharf Lots, and Lots laid Out on Lands commonly called Yamacraw the Trustees Gardens and Ewensburgh The sum of Five Shillings on ev ery hundred pounds value of Buildings and im provements on the said Lots The sum of Two ShiUings and Six pence on every Negro or other Slave whatsoever heing -within the Limits o' this Province The sum of Twenty Shillings on every Free Negroe Mullattoe or Mustee above the Age of Sixteen years the Sum of Seven SMUings and Six pence per Hundred Pounds Value of all Goods wares and Merchandize im ported into tMs Province -with intent to Sell again from the first of March One thousand seven hundred and Seventy two to the first of March One thousand seven hundred and Seventy 452 Colonial Records Tax Act. enty three by any merchant Factor Store keeper or other person whatsoever the sum of five SMUings per hundred pounds value of all Goods wares and Merchandize imported into tMs Pro-vince from the V March 1770 to the first March 1772 with intent to sell again by any Merchant Factor Storekeeper or other person whatsoever who imported Goods wares and Merchandize during that period and has not im ported any since the said 1^' March 1772 and the sum of two Shillings and Six pence per hundred pounds value of all goods wares and Merchan dize imported into this Pro-vince from the first of March 1770 to the 1^' of March 1771 with in tent to sell again by any Merchant Factor Store keeper or other person whatsoever who im ported Goods wares and Merchandize during that period and has not imported any since the said 1^' March 1771 to be rated at the price thereof as imported (Goods Wares and Mer chandize imported by transient persons only excepted) which several Sums to be assessed on goods wares and Merchandize is not intended as a Tax or duty on goods imported but meant and intended as an assessment on every persons Stock in Trade so that persons in trade Shop keepers and others may Contribute equally to wards the support of Government, and five Shil lings on every hundred pounds value on the Costs of all goods wares and Merchandize bought within this province -with an intent to Sell again either at Private Sale, Publick Out cry Auction Vendue or otherwise to be rated at the Statutes, Colonial and Revolutionary, 1768-1773. 453 Tax Act. the price given by Such purchaser or purchasers T^e sum of Twelve Shillings and Sixpence on every Hundred pounds let or lying at Interest by Choice All lands whereon any Churches or Other Buildings for Di-vine WorsMp or for Charitable uses are Erected and Lands Slaves or Monies belonging or appertaining to or go ing -with such buildings Excepted The Sum of Twenty SMUings on every Hundred pounds value on the Saleries pro-vided by the Legisla ture of tMs Pro-vince and Profits of all Publick Officers and professions Except that of Di-vinity And be it further Enacted by the Authority ., . .. aforesaid that the sum of Two hundred and T^^s'Jre^r^s^ four pounds Twelve Shillings and Sixpence now *•*'"'* °* ¦ remaining in the hands of the Publick Treas urer being the Ballance of the Sums of One hundred and twenty-five pounds One Hun dred pounds making together the sum of T'wo hundred and twenty five pounds formerly £225 granted to his majesty and appropriated for the ^ ., ., be applied purpose of Building a Brick Wall round the g'g^^^ai*,^^! state house shall be Apphed in aid of the Gen eral tax to be raised for the service of the Pres ent year And for the More Effectual carrying tMs Aot into Execution and that each and every To-wn Assessors and District may be equally rated and assessed and for that end and Purpose Be it further Enacted by the Authority aforesaid that the foUo-wing persons shall be and they are hereby appointed 454 Colonial Records Tax Act. appointed Enquirers and assessors for the sev eral Parishes herein after mentioned respec- George for the Par- for the Town of Sa- tivcly That is to Say for the To-wn of Savannah vannah &c ¦' "^ Hamlets of Yamacraw Ewensburgh and the Trustees Gardens and the Parish of Christ For Ebene- Qj^urch Philip Box, Johu Smith and James Parish of Mossmau Esquires, For the to-wn of Ebenezer st Matthew ^ ' and Parish of St. Matthew Jacob Cronberger Sf of'lt^^''" the younger Joseph Schubtrien and John Fieri, For Halifax and parish of Saint George John Thomas, Peter Shand and David Lewis Es- paui"^ ^* quires, Por the Town of Augusta and Parish of Saint Paul James Grierson, John Walton and Parish of st Henry Do-wnes Esquires For the Parish of Philip oSaint PMlip William Maxwell and John Harn ; Parish of st F'or the To-wn of Sunbury and Parish of Saint John John Graves, Esquire, William Peacock Parish of st ^^^ Samuel Saltus, For Darien and Parish of '^''^ Saint Andrew James Forrester Esquire An- parish of St drew Maybank and James McClelland, For Frederica and Parish of Saint James James vivid °* ^* Spalding and James Bmce Esquires and Ray mond Demere Sen"-, For the Parish of Saint of st Pat- Da-vid, James Spalding and James Bruce Es- rick & st . „ ,, . . „ ^ Thomas quircs, foT the parish of Saint Patrick and Parish of st Saint Thomas Arthur Camey Esquire James ^^"¦^ Lemon and Josiah Cantey for the Parish of The duty of ®^^* Mary, Sampson BaU and WiUiam Arm- tte Enquir- strong, WMch said Assessors are hereby Strictly enjoined and required with all care and dUigence, equally to rate and assess accord ing to the best of their knowledge and abUity upon all money at Interest Salaries and Profits of Statutes, Colonial and Revolutionary, 1768-1773. 455 Tax Act. of all Publick officers and professions (except that of Divinity) goods imported, To-wn and other Lots and improvements thereon and -witMn two months next after the passing of tMs Act return their assessment in writing to the Collectors of the said respective Parishes To-wn ship or distiict for wMch they are hereby re- spectively appointed and if any Assessor so '^^^^^^'^^ *° appointed shall refuse or neglect to serve or shall make default at the time appointed for Ms Appearance and delivering in such assessment to the said Collectors (not ha-ving lawful excuse (.^rithout a to be made Out by Oath) or shall not perform cuse" his duty every such assessor shall for every such neglect refusal or default forfeit and pay the „ , . , 1,1 11 to forfeit sum of thirty pounds to be recovered by war- £3o rant under the hand and Seal of the Publick -Treasurer, and distress and Sale of the Goods and Chattels of Such assessor neglecting refus ing or making default And be further Enacted That all and every person and Persons whatsoever ha-ving any Es- interested tate interest in any Lands Tenements, goods or Chattels -within this province shall on or before the second Tuesday of January next after the passinsr of this Act Tender a particular account before the ^ ° ^ 2nd Tuesday in writing upon Oath or Affirmation if a Quaker i" Jany to the best of his her or their knowledge unt- .p^^^g^. ^^ the CoUectors of the several Parishes where he coifectorl^of she or they shall respectively reside of all Lands &c^ '^ Lots, Houses Slaves Monies at interest Goods and effect whatsoever whereof he, she or they is how recov ered 456 Colonial Records Tax Act. is or are seized or possessed of or interested in hable by this Act to the rates and Taxes afore said and where situate And being and of all deer Skins and Beaver Skins by Mm her or them Exported or sent out of this Province ex cept in Ships bound to Great Britain at such time and place as the Collectors herein after named shall respectively direct and appoint who are hereby required to give at least Twenty days notice thereof by Publick Advertisement Speci fying the several rates aforesaid and all and ev ery the said person & persons so giving an Ac count as aforesaid shall at the same time pay to the said Collectors The Several Sums and Taxes due from him her or them thereupon as by Act rated and assessed The Collec tors are to Administeran Oath The Oath And be it further Enacted that the said Col lectors respectively shall and they are hereby required to administer the oath foUo-wing to all and every Person and persons at the time c'' recei-ving his her or their Account first enter ing such account in the List or Schedule agree able to the form to this Act annexed whereto the persons so paying their Tax shall respec tively Subscribe their names in the Column of the said Schedule for this purpose Assigned I. A. B do solemnly Swear (or affirm as the Case may be) in the Presence of Almighty God that the Account now by me Given and delivered to the Collectors of the Publick Tax doth contain a Just true and Particular account of aU the Lands, Town Lots, Houses and Slaves whereof I Statutes, Colonial and Revolutionary, 1768-1773. 457 Tax Act. I am in any -wise seized, possessed, Intitled unto or interested in either in my own Right or as At torney, Guardian Executor or Administrator or Trustee to any other person or persons whatso ever, and of the Amount of the prime Costs of all Goods, wares and Merchandize by me im ported with Intent to sell again or Consigned to me for sale on Commissi on or bought by me in this pro-vince -with intent to sell again. And of all Deer SMns and Beaver Skins by me Exported or sent out of this province except in SMps bound to Great Britain from the first day of March One thousand seven hundred and Sev enty exclusive to the first day of March One thousand seven hundred and Seventy One In clusive or from the 1" of March 1770 Exclusive to the first of March 1772 inclusive or from the first of March 1772 Exclusive to the 1^' March 1773 Inclusive (as the Case may be) the produce of this pro-vince and goods Exported as a re mittance only excepted and also of all monies let or lying at Interest by Choice in this Prov ince either in my O-wn Right or in the Right ' any Other person or persons whatsoever So help me God. And be it further Enacted that for the more Persons lia ble to pay Effectual recovery of the Arrears of every pre- ^^^ ceeding years Tax all and every the said person and persons hereby liable to the payment of the Tax by this Act imposed shall at the time of giv ing in Ms, her or their account as herein before required produce to the Collector or Collectors 458 Colonial Records Tax Act. to produce receipts of what they formerly paid or declare the same upon Oath a receipt for the preceeding years Tax or Oth- er-wdse declare upon Oath (or affirmation as the case may be) which the Collectors hereby ap pointed are severally and respectively Author ized and required to Administer That he she or they hath or have paid the Publick Tax for ev ery preceeding Year agreeable to the Rates thereof, and in Case such person or persons shall be in arrears for lany preceeding years Tax, he she or they shaU then give an Account thereof upon Oath and pay the same to the Col lectors Accordingly, in failure whereof the same shall and may be rated Assessed and levied as herein after provided And be it further Enacted that in case any persons not tScs^ their person or persons who shall give an Account of their Lands, Slaves and Effects as herein before required and shall not at the same time pay the T|^x thereupon due from him her or them as herein before directed or within tMrty days af ter such account by him or them so given that then it shall and may be lawful to and for the several Collectors and they are hereby respec tively required to cause the same to be levied in manner as herein after mentioned The Collec tors are re quired to levy the same And be it further Enacted That if any per- Tealng^to^^" ^°^ ^^ persons whatsoever shall neglect or re- o'^Sfr^'"'^ ^^^ ^ ^ve an Account of their respective Lands &c Lauds Lotts Houses Slaves Monies let or lying at Interest by Choice Goods and effects as afore said at the time and in the manner as by tMs act IS Statutes, Colonial and Revolutionary, 1768-1773. 459 Tax Act. is herein before directed the Collectors Respec tively and either of them shall and they are The Collec- hereby Severally authorized and required -within tors may^ Ten days after the said Second Tuesday of Jan- double Tar uary next to rate and assess every such Defaul ter and Defaulters double the Tax which he she or they shall have paid for the last year or to the best of Ms or their knowledge for double the Estate wMch he she or they shall possess and in Either case shall cause the same to be levied as herein after is Directed. free'' Muuat- toes evading the Tax And to prevent free muUattoes from evading the payment of the Tax by Pretending to be pretending " to be Span- Spaniards or other foreigners Be it further En- J^ar'^re uted*° acted that every such person who shall be re- SSe^s"they puted a Mulattoe shall be assessed as such un- contrary^ less he or she can prove the Contrary rates & Tax es are to be Levied 'And be it further Enacted that the several rates and Taxes hereby rated and imposed shall be le-vied on the Goods and Chattels of the de faulter or defaulters by Warrant under the hand and Seal of the Collector or Collectors of the Parish wherein such Defaulter or Default ers shall reside to be directed to any Constable or Constables thereof requiring him or them to levy the same by Distress and sale of the De faulter or Defaulters Goods and Chattels re turning to him or them the overplus if any after Deducting the Charges following Viz' for serv ing of every Warrant of Execution One SMUing, One Shilling in the pound for every pound lev ied 460 Colonial Records Collectorsnamed vizt Tax Act. led and two pence for every mile to be Com puted from the dwelling house of the Constable le-vying the same to the place of residence of ev ery such defaulter or defaulters and the CoUec tors respectively shall and may take One Shil ling and Sixpence for every such Warrant and every Constable refusing or neglecting to exe cute such Warrant or neglecting or refusing to pay over the Money so levied to the Collector or Collectors -within three days from the receipt thereof, shall for every offence forfeit and pay the sum of Twenty five pounds to be recovered by Warrant of distress of any Justice of the Peace where the offence shall be Committed on due proof thereof made before him by any Col lector or Collectors and in case no goods or Chattels of Such offender shall be found whereon the said distress may be levied then it shall and may be lawful for such Justice of the peace to Commit such offender to the nearest Common Goal there to remain for the space of three months or untill the said sum of Twenty five pounds for each offence neglect or refusal be satisfied And be it further Enacted that the several persons herein after named shall be and they are hereby Appointed Collectors for the several Parishes herein after mentioned respectivly, That is to say for the to-wn of Savannah and par ish of Christ Church WiUiam Ewen Esquire and For the Par- ^-.^ t • i-. . ,-¦ Ish of Christ Henry Le-wis Bourqmn, For the To-wn of Ebe- Church ^ ' nezer and Parish of Saint Matthew, Jacob Wal thour Statutes, Colonial and Revolutionary, 1768-1773. 461 Tax Act. thour Esquires and Robert Hudson, For Hali- ^* Matthew fax and parish of Saint George John Thomas Peter Shand and David Le-wis Esquires Por the George To-wn of Augusta and Parish of Saint Paul Robert Mackay and WUham Goodgion Es- ^* ^*"' quires. For the Parish of Saint Philip, WiUiam ^ ' ^' st Philip Belcher Esqmre William Maxwell and John Harn, For the Town of Sunbury and Parish of st John Saint John, John Jones Esquire John Sandi ford and Josiah Bacon, For Darien and Parish ^* Andrew of Saint Andrew James Forrester Esquire and Andrew Maybank For the Town of Frederica ^"^^ and Parish of Saint James, James Spalding and g^ j^^^j^ James Bruce Esq^^ For the Parish of Saint Da vid James Spalding Esquire and Jacob Helves- of st Pat- tine, For the Parish of Saint Patri'ck and par- Thomas ish of Saint Thomas Arthur Carney Esquire, James Lemon and Josiah Cantey, For the Par- parish'^of It ish of Saint Mary Sampson Ball and William Armstrong Which said Collectors respectively ^o'J-s to"t^ake shall before their entering upon their office take fore a jus^-" the Oath foUo-wing before any Justice of the Peace Peace That is to say "I. A B do Solemnly ^he oath ' ' Swear that I "will well and faithfully according ' ' to the best of my knowledge and ability and so that the Publick Tax shall sustain no Loss or damage from any -wilfuU neglect or omission of mine Observe Execute and perform, the several matters and things required of me to be done and performed in and by an Act of the General Assembly of this Pro-vince Intitled "an Act for Granting to His majesty the sum of five thousand one hundred and Seventy One pounds fifteen 462 Colonlal Records Tax Act. fifteen Shillings and Ten pence halfpenny for the use and Support of the Government of Geor gia for the year 1773 to be raised at certain rates and after the method therein mentioned and for the more effectual Collecting of Ar rears" according to the intent and meaning thereof So help me God WMch Oath the said Justice is hereby Authorized and required to Administer accordingly and to give a Certifi cate thereof under his hand and Seal wMoh shall be produced by the Collectors respectively at the time of their Delivering their Accounts to the Treasurer as hereafter is reqmred As the pro prietors of SundryTracts of Land &c are not resi dents their Attor nies &c are to make due returns and pay the Tax unless they make Oath that they have re nouncedtheir Power And Whereas there are sundry Tracts of Land, Lots, houses and monies the proprietors whereof are not residents in this Province Be it therefore further Enacted that all Attomies, Trustees Executors and Administrators or Other persons any -wise Concerned for absen tees shall make due return to the Collectors of the parishes respectively where they shall re side of the Estate and Effects they shall so pos sess or be Interested in, as Attornies, Guardi ans, Trustees, Executors or Administrators or Otherwise, and shall and they are hereby made liable to the payment of the Rates and Taxes as sessed thereon out of their O-wn Estates and ef fects in manner as herein before Mentioned un less Such attorney or Attornies Guardian or Guardians, Trustee or Trustees shall make Oath before the Collectors or one of them that he has renounced his power and Attorn eysMpbefore Statutes, Colonial and Revolutionary, 1768-1773. 463 Tax Act. before the Tax became due and -without any intent to evade the pa^Tuent thereof, and every such attorney and Attornies Guardian and Guar dians, Trustees, Executors and Administrators Shall and may deduct the Tax he or they shall so pay out of the effects of the Absentee in his her or their hands and in case of no such effects every such payment shall and is hereby made a debt and Charge upon the Lands and Chattels of every such absentee His heirs and assigns and shall and may Accordingly be recovered at any time afterwards by the person or persons paying the same Ms her or their Executors or Administrators in any of His Majesty's Courts of this Pro-vince. AND WHEREAS the Payment of the Pub^ That every person hold- Uck Tax hath been evaded by persons settled m ^ofj^-'-'p"'^® '" or near the Banks of Savannah River that hold '"*=®^ or possess Lands on the opposite side thereof in the Province of South Carolina by removing their Slaves from tMs pro-vince at the time of Collecting the Tax for remedy whereof Be it fur- a receipt ""^ " from the ther Enacted that all and every such person or 3°"^^ caro°^ Persons so holding Lands in both Pro-vinces at ""^ the time of giving an account of Ms her or their or inSikG Lands and Estate to the Collectors as herein be- oath before the Collec- fore required shall produce to such Collector or tors Collectors a receipt or Certificate from the Col lector or Collectors of Tax in South Carolina of the number of Slaves for which Tax shall have been paid by him her or them for the present year or Otherwise shall make Oath before the Collector 464 Colonial Records Tax Act. CoUector or Collectors aforesaid to the effect folio-wing which they are hereby Authorized and The Oath . " . required to administer Viz' That he she or they hath paid the Publick Tax in the Provinoe of South Carolina for the present year for all Ms her or their slaves other than such as are Con tained in the Account now delivered in to the Collector or Collectors as aforesaid pursuant to the directions of this Act, and all and every person and persons who shall refuse to produce Those refus- ^ ^ duce a re°' ^^ch receipt OT Certificate or to make Oath as mike Oath aforcsaid shall be liable to pay Tax for the pay Tax^ " wholc uumbcr of his, her, or their Slaves, And the said Collector or Collectors shall in default of payment accordingly Issue Warrants of Ex ecution for the same as herein before directed AND BE IT FURTHER ENACTED that tors to close the Said Collectors respectively shall on or be- thelr accots ^ "" ifter the^^ ^°^^ ^^® Sccond Tucsday in April next after the ^day'in April" Passing of tMs act or -witMn Ten days after. Close their Accounts and deliver the same in person together with the Tax list aforesaid, and also an Account of the Lands held by Absentees or persons not resident in the Parish unto the Publick Treasurer of this Pro-vince and at the same time shall pa}^ unto him all such monies as by them or either of them shall have been respectively received in pursuance of tMs Act after deducting for Commissions at the rate of One Shilling for every pound and at the rate of Six pence per mile for every mile they reside distant from Savannah, and the said Collectors respectively Statutes, Colonial and Revolutionary, 1768-1773. 465 Tax Act. respectively shall sign the Tax List by them delivered and at the same time upon Oath shall deliver to the Treasurer an account of their Own Lands Slaves and Estates in like manner as by tMs Act is required of Others to be given to them and shall pay the Taxes for the same accordingly, in default whereof the same shall and may be assessed and le-vied by the Treas urer in manner as aforesaid AND BE IT FURTHER ENACTED that all conveyance, -i~m rt made to deeds and Conveyances Whatsoever of any avoid the Lands Tenements goods or Chattels by any per son or persons whatsoever made -with an intent to Avoid being Assessed or paying Tax for the same as aforesaid Shall and are hereby de- declared clared to be fraudulent and Void to all intents and purposes whatsoever AND BE IT FURTHER ENACTED that the several Collectors or any or either of them couectors" who shall neglect or Refuse to do and perform acT^™^ the several Matters hereby required of them respectively to be done -within the time pre scribed by this Act shall for every such neglect or refusal forfeit the sum of fifty pounds to His Majesty for the support of tMs Govern ment to be Sued for and Recovered by the Treasurer in the General Court in this Province AND BE IT ALSO ENACTED that in case The couec- any Collector or Collectors of the present or present or *' former any former Taxes shall refuse or neglect to y|^ting"®fr give in upon Oath to the Treasurer a Just and give^iS^heir , Accounts true 466 Colonial Records Tax Act. true accoimt of All monies received by Mm or them or due to his Majesty on account of the Tax herein Imposed or on account of any for mer Tax -within their Several and respective districts by the time herein before Limited And also a list of all non residents whose Tax has not been paid and of all defaulters in the said how the ^ ?s''To^"com- district that then it shall and may be Lawful pell them ^^j, ^^^ Treasurer and he is hereby enjoined under the penalty of Fifty pounds for each neg lect or offence by Warrant directed to any Con stable for the Parish where the Collectors may Respectively reside under his hand and Seal to committ such Collector and Collectors to the Common Goal in Savannah there to remain un till he or they shall have rendered upon Oath to the Treasurer a full and satisfactory account of and shall have paid all such Sums so as aforesaid by him or them Collected due to his Majesty in his or their several and respective districts by -virtue of this or any former Tax act and have paid the reasonable Charges for such Committment; and the several Constables for the parish or district wherein such Collector or Collectors shall reside are hereby required to Execute such Warrant or Committment -with out any delay, and every Such Constable re fusing or neglecting to execute such warrant or Commitment shall for every offence forfeit and pay the sum of thirty poimds to be r«;overed by Warrant of Distress from any Justice of the Peace in the Parish or District where the of fence shall be Committed on a Certificate from the Statutes, Colonial and Revolutionary, 1768-1773. 467 Tax Act. the Treasurer of the manner of such Refusal or neglect and wMch Certificate is hereby de clared to be Sufficient proof and in Case no Goods or Chattels of such offender may be found whereon the said distress may be levied then it shall and may be lawful for such Justice of the Peace to committ Such Offender to the Common Goal in Savannah there to remain for the space of three months or untill the said sum of TMrty pounds shall be satisfied Pro-vided nevertheless that if the said Collector or Col lectors shall prove upon Oath to the Treasurer that they have used every means directed by this Act for the recovery of the Tax due by the said defaulters and no effects could be found whereupon to le-vy the same, then and in that case the said Collector or CoUectors respect ively shall not be liable for or Chargeable with the payment of the Sums so due from defaulters as aforesaid AND BE IT FURTHER ENACTED by the ^he Treas- Authority aforesaid that the treasurer shall DaTs'after^" and he is hereby empowered and required witMn the^ Lisf of defaulters thirty days after he shall have received any ^J^^"? ^^^ List or Lists of defaulters to Issue Warrants them ^* under his Hand and Seal against each of the defaulters for such amount of Taxes or Arrears of Taxes as shall appear by the said returns to be due from such defaulters respectively whether the defaulters be such for themselves or as Attorneys or Agents for others or other wise excepting as herein before excepted to be directed 468 Colonial Records Tax Act. directed to any lawful Constable or Constables for the parish where such defaulter or default ers shall reside requiring him or them Immedi ately to le-yy the same by distress and sale of defaulter or defaulters Goods and Chattels re turning to the said defaulter or defaulters the overplus if any after deducting the Charges following, for serving every Warrant One Shil ling, One SMUing in the pound for every pound so levied and two pence for every mUe the Con stable shall go to Execute such Warrant to be computed from the dwelling house of the Con stable to the place where the levy shall be made or sold, and the said Treasurer shaU and may take for every such warrant, two sMlhngs and Sixpence, and every Constable refusing or neg lecting to execute such warrant shall for every Offence forfeit and pay the sum of Twenty five pounds to be recovered by warrant of distress of any Justice of the Peace for the Parish where such offence shall be committed on his recei-ving a Complaint and Certificate thereof under the hand and seal of the said Treasurer and all Justices of the Peace are hereby Strictiy re quired and enjoined under the penalty of TMrty pounds for every refusal or neglect to be aiding and assisting unto the said Treasurer in duly carrying the directions herein Contained into execution and in case the said Treasurer shall neglect or refuse to issue such Warrant or War rants he shall forfeit and pay for every offence the sum of fifty pounds to be recovered by ac tion Statutes, Colonial and Revolutionary, 1768-1773. 469 Tax Act. tion of debt Bill plaint or Information in the General court of this Province AND BE IT FURTHER ENACTED by the .^ ^onsta- Authority aforesaid that in case there shall not parishes *^^ pk T*p not be in any Parish or parishes any Constable who thought suf ficiently re- may be thought sufficiently responsible to Ex- sponsible ecute the duties herein required by any Justice of the Peace to whom the Treasurer may think fit to enclose Ms Warrant it shall and may be lawful for such Justice of the Peace to appoint loVhom'tiie a Constable or Constables for the Special pur- cicfs^s^ wS" pose or purposes herein before directed and appoint such Constable or Constables shall be entitled to the same fees and liable to the same penalties as are herein before directed to be taken and Suffered by any Parochial Constable as afore said, And every Constable or Constables who shall receive any Taxes or arrears of Taxes by -virtue of any Warrant or Warrants from the Treasurer as aforesaid is and are hereby Strictly directed and required Avithin thirty days from the receipt thereof to pay over the same into the hands of the Justice to whom the Treasurer shall have enclosed his Warrant un der the penalty of Twenty five pounds as afore said and such Justice of the Peace Personally paying the same unto the Treasurer shall for Such Ser-vice be allowed at the rate of Six pence per mile Travelling Charges to be Com puted from the house of Such Justice or Jus tices to the Town of Savannah. And 470 Colonial Records Tax Act. The Gover nor & Coun cil to give Orders to the Treasurer to issue the Monies raised in the follow ing manner Vizt ' AND BE IT FURTHER ENACTED that the Governor and Council shaU give an Order to the Treasurer for the time being who shall issue the monies raised and Granted as afore said in the folio-wing manner. That is to say. For the Chief Justice and officers of the Gen eral Court Viz' To the Chief Justice his Account Commencing Adjournment day of October Court 1769 and ending June Sessions 1773 (both Inclusive) p^ Accott N 1. 2. 3 Eighty five pounds Eleven Shillings 85" 11" To the Clerk of the Crowns Ditto Commenc ing and ending at the same time p' Ditto ninety pounds Six SMI- lings 90" 6" __ To the Estate of WiUiam Grame late Attorney General for prosecut ing fellons &' p' Ac count to December Ses sions 1769 Inclusive as allowed four pounds four Shillings and nine pence 4" 9 To Statutes, Colonial and Revolutionary, 1768-1773. 471 Tax Act. To James Hume Esqmre Attorney General for prosecuting fellons making Out Fiats for persons Settling in this province under the pro- -vincial Bounty &" p'' Ms Account Commencing the 9'" of February 1770 & ending in June 1773 (June Sessions Inclusive) p'' Accounts N° 1. 2. 3 One hundred and thirty eight pounds five Shillings and two pence half penny 138" 5" 2 1/2 To the Estate of John Simpson late Acting provost Marshal for Maintainance of Pris oners St from the 8 June 1771 to 30"^ April 1772 Fifty nine pounds Twelve Shillings and nine pence 59" 12" 9 To Matthew Roche late Acting Provost Mar shal for maintenance of Prisoners St p' Acco" from the 29 Sept^ 1769 to the time M'' Simpson deceased 472 Colonial Records Tax Act. deceased took posses sion of the Goal being the 8'" of June 1771 p' Accot" N 1-5 One hun- d r e d and Eighteen pounds One Shilling and nine pence 118" 1" 9 Ditto for ditto Sc" from the time M'' Simpson died being the 19'" Ocf 1772 to the time the present Provost Mar shal Lewis Johnson Esq took possession of the Goal being the 27"" Jan^'' 1773 p^ Acco" N° 6 Fif teen pounds three SMU ings and ten pence 15" 3" 10 To Lewis Johnson Esq'® Provost Marshal for maintainance Prisoners &" p his Acco" from the 27"" January 1773 to the 22"'^ June foil o-wing p'' Acct Thirty six pounds four Shillings and three pence 36" 4" 3 Ditto for so much paid by him to John M^Luere Carpenter for repair ing Statutes, Colonial and Revolutionary, 1768-1773. 473 Tax Act. ing Goal p Account Eighteen pounds Thir teen ShiUings and Sev en pence 18" 13" 7 Ditto for so much paid by him to Frederick Fahm Blacksmith for putting Irons on pris oners as p Acco' to 13"" June 1773 Three pounds two Shillings & nine pence 3" 2" 9 Carried Over £569" 5" 10 1/2 Brought forward £569" 5" 10 1/2 Ditto allowed by the Com mons House of Assem bly to pro-vide a Guard to be kept at the Goal to prevent one Prine a notorious Criminal from maMng Ms Es- c a p e Twenty five pounds 25" " To the Provost Marshal for publisMng Pro clamations Executing Writes of Election and attending the Courts of Oyer & Terminer from the 29"' Decern'- 1769 to the 474 Colonial Records Tax Act. the 29"" Septem' 1773 being 3 years & nine months at Thirty pounds p' Annum to be paid to the several Pro vost Marshals in pro portion to the time each of them have perform ed the ser-vices above mentioned One hun dred & Twelve pounds ten ShilP 112" 10" __ To the Cryer & keeper of the Court house for Executing said Office from 29"* September 1770 to the 29'" Sep tember 1773 being 3 years at Ten pounds p annum to be paid to the several Cryers in pro portion to the time each or any of them have Ex ecuted s* office Thirty pounds 30" __" __ To Thomas Ross for Sup plying the Courts -with Candles and Candle sticks and keeping Clean the Court house from the 15'" August 1771 Statutes, Colonial and Revolutionary, 1768-1773. 475 Tax Act. 1771 to 15'" January 1773 p Acc" Two pounds Six Shillings and Ten pence 2" 6" 10 To John Neidlenger for ringing the Bell for the General Courts from the 9'" April 1771 to the 12'" Jan'^ 1773 (p' Cer tifi eate from the Judges) five pounds 5" " To James Whitefield Esq' Coroner for a Ballance due Mm p Ms Acc" from the 14'" December 1769 to the 31=' July folio-wing Six pounds three SMUings & Eleven pence 6" 3" 11 Ditto for holding Sundry Inquests from the 9'" December 1770 to the 9'" September 1772 p Account Ten pounds Seventeen Shillings and nine pence 10" 17" 9 Ditto for holding ditto from the 9'" Sept 1772 to the 7'" June 1773 p' Acct 476 Colonial Records Tax Act. Acc" Three pounds Six Shillings and Eight pence 3" 6" 8 To Edward Barnard Esq' for holding an Inquest on the Body of John Kelly drowned at Au gusta, One pound thir teen shillings and four pence 1" 13" 4 To Henry Downes Esq' for holding an Inquest on the body of William MiUer, shot 20 miles above Augusta pr Ac count Two pounds and Ten pence 2" __" 10 Carried Over £768" 5" 2 1/2 Brought forward £768" 5" 2 1/2 To D' Andrew Johnston for Examining the Body of the above men tioned William Miller Three pounds 3" __" __ To George Fraser sur geon for opening the body of Joseph Cox who was supposed to have Statutes, Colonial and Revolutionary, 1768-1773. 477 Tax Act. have been murdered near Abercorn Six pounds six Shillings __ 6" 6" To Robert BaiUie Esquire for holding an Inquest on the body of John Wilson (dro-wned in Brow Creek) One pound Ten SMUings 1" 10" __ To George Mcintosh Esq'® for holding an Inquest on the body of Robert Jones & Hugh Mackay Three pounds 3" __" __ To Noble Wimberly Jones Esq' for Attending sick prisoners in the Com mon Goal in Savannah p' Acc" four pounds one ' ShiU 4" 1" __ To Frederick Fahm Blacksmith for putting Irons on Prisoners &" from the 5'" Jan"' 1770 to the 27'" December 1772 p' his Acc' N" 1. 2.3. Eight pounds nine teen SMlhngs & 3 1/2* 8" 19" 3 1/2 To Joel Walker for ap prehending 478 Colonial Records Tax Act. prehending f e 1 1 o n a and bringing them to the Common Goal in Savannah &" as p' Acc"» N" 1-9 bearing date from August 1770 to AprU 17 72 Fifty pounds nine SMUings & Sixpence 50" 9" 6 To Hugh Magee for ap prehending and bring- Arthur Lot to Savan nah Goal p' Acc" da ted 16'" June 1773 Tjhree pounds Eighteen Shillings and Sixpence- 3 " 18 " 6 To John Long and John Davis for bringing Aaron Tilley to Goal p' Acco" Attested 16'" Decem' 1772 four pounds Six Shillings and Ten pence 4" 6" 10 To Samuel Tomlinson for apprehending and bringing Benjamin Dukes to Savannah p Acco" 6'" June 1772 four pounds nine Shil lings and sixpence 4" 9" 6 Tb Statutes, Colonial and Revolutionary, 1768-1773. 479 Tax Act. To Turbefield Thomas for bringing Mark Lott Mary Peacock and Edward Pelcher to Sa vannah (p' Account 22 Feb'^ 17 71) Ten pounds, Ten Shillings, 10" 10" __ To William Johnson for apprehending and bringing p r i s - oners to the C o m - mon Goal in Savannah p' his Acc"^ N 1. 2. 3 bearing date from the 30'" November 1772 to 2* July 1773 Thirty one pounds five Shil lings and Sixpence 31" 5" 6 To John Bacon for ap prehending and bring ing to Savannah Sam- u e 1 Wells, James Smith and Wilham SMrley p' Acc" dated 8'" May 1769 Twelve pounds Twelve ShiUs— 12" 12" ._ To Matt" Bittenback for Apprehending John Bowers & bringing him to Savannah in Aug' 1770 480 Colonial Records Tax Act. 1770 p' Acco" Nineteen Shillings & ten pence__ 19" 10" __ Carried forward £913" 13" 2 Brought Over £913" 13" 2 To Jacob Blount for Ap prehending John Pow- el and bringing him to Savannah the 28'" July 1772 p' Acco" Two pounds One Shilling, __ 2" 1" __ To Henry Barefield for bringing 2 fellons & 2 Evidences to Savannah Goal p' Acco" 28'" July 1770 Two pounds 2" __" __ Ditto for apprehending and bringing Abner Hands to d" p' Aco" 24'" May 1771 Three pounds ten SMllings__ 3" 10" __ To William M'^Intosh for Sundry Services per formed by him as Con stable p Certificate from the Magistrates Three pounds Eigh teen Shillings & four pence __ 3" 18" 4 To Statutes, Colonial and Revolutionary, 1768-1773. 481 Tax Act. To WiUiam Nelson & John Broxon for appre hending Joseph Prine and bringing him from the Saltcatchers South Carolina p Acco" 10 January 1772 Eight pounds three Shillings and four pence 8" 3" 4 To John Glen Esq' for a Negro man Executed belonging to him 8'" March 1771 for a Rob- ery valued at Thirty pounds 30" _" __ To Mary Maxwell for a negro man named Crop ear'd Tom Condemned 18'" October 1771 val ued at Twenty five pounds 25" __" To John Houstoun Esq' for a negro man named George Executed for a Robery the 27'" March 1773 Forty pounds 40" __" __ To the Estate of Charles Watson for three months Salary as Clerk of the upper house end ing 482 Colonial Records Tax Act. ing 31^' December at tMrty pounds 'p An num Seven pounds Ten ShiUings 7" 10' To Alex Wylly Esq' Clerk to the upper house of Assembly from tbe 1^' January 1771 to the 26'" . September 1773 ditto p' Annum Eighty two pounds Ten sMllings__ 82" 10' Ditto for Copying Rough minutes of Council from the 3"» April 1770 to the Ditto for entering fair ditto from the 4'" Nov' 1766 (not being Enter ed by the former Clerk from that time) to 1^' Jan'^ 1773 Ditto for Copying rough Journals of the upper house of Assembly from 10'" May 1770 to the Ditto for Copying fair Journals of the upper house of Assembly from the 16'" February 1768 not Statutes, Colonial and Revolutionary, 1768-1773. 483 Tax Act. (not being Entered by the late Clerk from that time) to the Ditto for pens Ink Sta tionary & bound books &•= from 1=' Jan"' 1771 to 1^' Jan"' 1773 p' Acco" Three hundred and for ty pounds One Shilling & nine pence 340" 1" 9 Carried Over £1458" 7" 7 Brought forward £1458" 7" 7 To the Estate of John Simpson late Clerk of the Commons house of Assembly for a Salary from the 26'" Sep' 1770 to the 25'" June 1771 at tMrty pounds p' An num Twenty two pounds ten SMUings— 22" 10 ) ) Ditto for Copying Jour nals Entering Minutes Stationary and all Other Charges for that time One hundred and Twenty Seven pounds Ten SMUings 127" 10' To 484 Colonial Records Tax Act. To Richard Cunnyngham Crooke Esq"= Clerk of the Commons house of Assembly a Salary from the 25'" June 1771 to the 26'" Septem' 1773 be ing 2 years & three months at Thirty pounds p' Annum Six ty Seven pounds Ten Shillings 67" 10' Ditto for Copying Min utes and Copys of them to send to England dra-wing Bills and all other business already done or to be done tMs Session Three hundred & fifty pounds 350" __' To Robert Bolton Messen ger to the Council & up per house of Assembly a Salary from the 29'" September 1770 to the 29'" Septem' 1773 three years at Thirty pounds p' Annum Ninety pounds 90" __' Ditto for wood Candles Brooms keeping clean the Statutes, Colonial and Revolutionary, 1768-1773. 485 Tax Act. the Council Chamber and Sundry other Char ges from the 29'" Sep tember 1770 to the 29'" September 1773 inclu sive p Account Twenty four pounds Eight Shil lings and Six pence 24" 8" 6 Ditto for a Salary as mes senger to the Commit tee of Correspondence one year five pounds 5" — " — To the Estate of Thomas Lee late messenger of the Commons house of Assembly a Salary from the 29'" Septem ber 1770 to 29'" Septem' 1772 two years at Twenty five pounds p' Annum fifty pounds — 50" __" __ Ditto for his trouble in fetching Button Gwin nett Esq' p Warrant the assembly being Disolv- ed before he retumed -with M' Gwinnett p' Acc" Six pounds nine teen Shillmgs 6" 19" __ Ditto for sundry Expen ces 486 Colonial Records Tax Act. ces sent at different times to the members 'of assembly with let ters (M' Bolton at Ms Lee's directions or Or der) as messenger p Acc" Ten pounds mne- teenSMl? 10" 19" To Peter Tondee messen ger to the Commons house of Assembly a Salary from the 29'" 'Septem' 1772 to the 29'" September 1773 One year Twenty five pounds 25" __" Ditto for Extra Services from the great length of the present Sessions Ten pounds 10' ) ) Carried Over £2248" 4" 1 Brought forward £2248" 4" 1 To Adam Trick door keeper to the Com- m 0 n s house of As sembly a Salary for One year ending 29 Sept 1773 Twenty pounds 20" __" Ditto Statutes, Colonial and Revolutionary, 1768-1773. 487 Tax Act. Ditto for Extra Services from the great Length of the present Sessions Ten pounds 10" __" __ Ditto for fire and Can dles Supplied the Com mons house of Assem bly tMs Session Two pounds 2" __" __ To the door keeper of the upper house of Assem bly for one year's Sal ary ending the 29'" Sep tember 1773 Twenty pounds 20" __" -_ Ditto for Extra Ser-vices tMs Session Ten pounds 10" " To John Morel for 12 red bay Chairs for the use of the Commons house of Assembly p' Account 27'" November 1769 Fifteen pounds 15" __" __ To Abigail Minis for providing pro-vis ions & Liquors for Committee both houses of Assembly appointed to 488 Colonial Records Tax Act. to -view the light house on Tybee p' Account Fifteen pounds three Shillings 15' ¦*&>- Tjo Peter Tondee for dit to Ditto for Ditto p' Account Twelve pounds twelve SMUings & Sev en pence 12" 12' To Sir James Wright for so Much advanced the Cap- of the Watch for le-vy money to 28 men at 5/ each Seven pounds 7" ' To the Treasurer for so much Interest paid Ex ecutors of William Simpson Esq' deceased on the purchase money of a lot of Land hou' of said Estate on the Bay Ten pounds four Shilhngs and two pence 10" 4' To the Treasurer for advance on a Bill of Exchange for One hun dred pounds paid by him to Jonathan Bryan Esquire Statutes, Colonial and Revolutionary, 1768-1773. 489 Tax Act. Esquire bo' of Mm to remit the Agent Benja min Franklin Esq'° Ten pounds 10" __" __ To the Publick Comis- sary a 'salary from the 29'" September 1770 to the 29'" Septem' 1773 three years at Twenty pounds p' Annum Sixty pounds 60" " Ditto for a Pedestal to affix a dial on in the Square and putting up the same p' Acco' Twenty pounds & two pence 20" __" 2 Ditto paid for remo-ving Guns & Carriages from fort Halifax and Sup plying Guard with wood and Candle p' Account Two pounds Eight Shillings 2 " !" Carried forward £2462" 12" __ Brought Over £2462" 12" __ To Thomas Moodie Dep uty Secretary for Mi litia Commissions Proc lamations 490 Colonial Records Tax Act. lamations, Commis- sions of the Peace Writs of Election St from the 5'" October 1769 to the 31=' July 1773 p' Ms Acco"= No 1. 2. 3 One hundred & Seventy nine pounds Seventeen Shil? & Seven pence 1/2 penny 179" 17" 7 1/2 To Thomas Shruder Es qmre Deputy Surveyor General for certifying Lots in Wrights bor- rough and Queensbo rough Township p' his acco" from 4'" April 1770 to 2* August 1773 Thirty Seven pounds Eleven Shillings and 2 1/2^ 37" 11" 2 1/2 To Thomas Lewis Deputy Surveyor for Survey ing Two tracts of land say 700 Acres for John Cary and Alex'. Ches- nutt Irish Settiers p' Account Two pounds Sixteen Shillings and threepence 2" 16" 3 To James Cantey Deputy Surveyor Statutes, Colonial and Revolutionary, 1768-1773. 491 Tax Act. Surveyor for Survey ing Two Glebes in the parish of St Andrews 500 Acres each one of wMch for the Church of England and the Other for the Dissenting Con gregation Ten pounds- 10" __" __ To James Whitefield Pow der receiver for receiv ing and delivering 4173 1/4 lbs Gunpowder be longing to the Publick p' his Account to the 7'" June 1773 Two pounds one SMUing and nine pence 2" 1" 9 To William Handley Dep uty Auditor for Audit ing Grants for the Wrightsborrough & Queensborrough Set tlers from the 25'" Oc tober 1770 to the 10'" June 1772 p' account N 1 Thirty Seven pounds two Shillings & Sixpence 37" 2" 6 To Sir Patrick Houston Register of Grants for Abstracts of Grants de livered 492 Colonial Records Tax Act. livered the Governor from the 29'" Septem' 1770 to the 29'" Sep' 1772 p' Account Twen ty pounds ten Shillings and Eight pence 20" 10" 8 To James Edw'' PoweU Esq' Commanding of ficer of Fort George for his pay from the 8'" No vem' 1770 to the 8'" Feb'^ 1773 two years & 3 months at Ten pounds p' month Two hundred & Seventy pounds 270" __" __ Ditto for pay of men in said Fort for the same time One hundred and forty four pounds 144" __" __ To Robert Bolton as Ar mourer from the 29'" Septem' 1770 to the 29'" Septem' 1773 Three years at Ten pounds p' Annum Thirty pounds- 30" -_" Carried Over £3196" 12" Brought forward £3196" 12" Ditto as Messenger to the Church Commiission- ers Statutes, Colonial and Revolutionary, 1768-1773. 493 Tax Act. ers for the same time at five pounds p An num fifteen pounds 15" _-" -- Ditto paid by him to Pe ter Blyth Constable for Serving Summons's on the Defaulters for the Pubhck Tax in parish Christ Church p' Ac count five pounds 5" " To James Johnston Prin ter for PubhsMng the Minutes of the Com mons house of Assem bly Proclamations Pre sentments of the Grand Jury assize of Bread &° from the 15'" Novem' 1769 to the 28'" July 1773 p' Ms Acco" N 1/4 One hundred and Eigh ty two pounds four Shillings & nine pence 182" 4" 9 To WUliam Lyford PUot for the Barr of Tybee a Bounty for Boarding at sea and bringing in Vessels over said Barr from the 18'" May 1770 to the 29'" Sept"" 1773 to be 494 Colonlal Records Tax Act. be in full for said ser- -vice and all Other de mands against the Pub lick to this time Three hundred and Sixty one pounds Ten Shil? 361" 10" To the ReV M' SejTuour Rector of the Parish of St Paul a Salary from the 29'" Septem' 1771 to the 29'" Septem' 1773 Two years at fifteen pounds p' Annum Thir ty pounds 30" — " To John Goodgame for bringing an Express from M' Galphin rela tive to Indian affairs 22 AprU 1772 four pounds 4" _-" To Robert Bolton for Ex presses sent by him p Order of the President on Indian and Other af fairs four pounds fif teen Shilling.^ 4" 15" To Samuel Thomas for attending two Indians from the lower Creek Country at their re quest Statutes, Colonial and Revolutionary, 1768-1773. 495 Tax Act. quest on the business of the publick seventeen pounds Ten Sh= 17" 10" __ To the Publick Treasurer for reimbursing him part of the Momes he advanced towards Sup porting a nightly watch in the Town of Savan nah say one third of five hundred and Eighty pounds nineteen Shil lings and nine pence be ing One hundred and Ninety three pounds thirteen sMlhngs and threepence 193" 13" 3 Carried forward £4009" 15" -_ Brought forward £4009" 15" — To William Lyford for Lumber and hands to assist in repairing fort George p' Acc" nine pounds five ShiUings & three pence 1/4* 9" 5" 3 1/4 To James EdW* Powell Esq'^ paid Carpenters for repairing fort George 496 Colonial Records Tax Act. George p' Account^ Two pounds One Shil ling 2" 1" - To Gold-wire and McGil livray for building Guard house and find ing Stuff p' Acco" nine teen pounds three sMl- lings & Sixpence 19" 3" 6 To Eppinger & Williams for fixing an Iron Barr in the CMmney and finding Barr p' Acco" one pound three sMl- lings & Seven pence half penny 1" 3" 7 1/2 To the Commissioners of the Court house a Bal lance due to them for work done by Several persons on said Build ing by their Orders and not provided for through mistake in a former house of Assem bly as p' Acco"' pro duced by them One hundred and fifty pounds 150" — " — To Tondee & Dunlop for boxing St.atutes, Colonial and Revolutionary, 1768-1773. 497 Tax Act. boxing Window frames of Court house p' Agreement as p' their Account Sixteen pounds fifteen Shillings 16" 15" — To John Lyon blacksmith for making and putting up an Electrical road to the Court House p' Ac count Three pounds Ten SMUings 3" 10" __ To Robert Bolton Com missioner of the Work house paid Workmen for Sundry repairs & materials for Work- bouse p' Account Eigh teen pounds nineteen Shillings and Sixpence- 18" 19" 6 To John Howard of Par ish of St Paul for Bounty on 11226'"^ of Flour @ 2/ p' 100 lib Eleven pounds five Shil? & Sixpence 11" 5" 6 To Jacob Dennis of ditto for 1078 lib ditto One pound one ShiU & Seven pence 1" 1" 7 To 498 Colonial Records Tax Act. To William Candler of ditto for 3216 lib at ditto three pounds four shillings and four pence 3" 4" 4 Ditto of ditto for 3968 @ ditto Three pounds nineteen Shillings & four pence farthing 3" 19" 4 1/4 To Isaac Low of ditto for 1486 @ ditto One pound nine SMUings and Eight pence half penny 1" 9" 8 1/2 To Loveless Savage of ditto for 1580 @ ditto One pound Eleven Shil lings & Seven pence 1" 11" 7 Carried forward £4253" 4" 11 1/2 Brought Over £4253" 4" 11 1/2 To the Estate of Leonard Clarborne Esq' deceas ed of the Parish St Paul for 1286 @ ditto One pound five Shil lings and Eight pence half penny 1" 5" 81/2 To John Walton Esq' of ditto for 2983 @ ditto Two Statutes, Colonial and Revolutionary, 1768-1773. 499 Tax Act. ~ Two pounds nineteen shillings and Eight pence 2" 19" 8 To Benjamin Youngblood of ditto for 1254 @ ditto One pound five Shillings and Three farthings 1" 5" 0 3/4 To Amos Whitehead of the parish of St George for 1472 @ ditto One pound nine Shillings & five pence farthing 1" 9" 5 1/4 To Co-wper & Telfairs for Bounty on 4500 lib Hemp raised in this Pro-s'ince by jM' William Telfair and Inspected by Andrew Elton WeUs @ 10/ p 100 lib Twenty two pounds Ten Shil lings 22" 10" - To Andrew Elton WeUs Inspector of Tobacco for Inspecting 5094 lib Tobacco (a) 6" p 100 lib p' Attested Account, One pound five Shillings and five pence 1" 5" 5 To 500 Colonial Records Tax Act. To James Jackson & Co/ for Bounty on 1156 lib Hemp raised in this Province 'p Wells Certi ficate dated 26 April 1770 @ 10/ 100 lib five pounds fifteen Shil lings & Sixpence 5" 15" 6 Ditto for assisting Evi dences -with horses to come from Augusta, to Savannah in July 1768 Thirteen pounds nine Shillings and three pence 13" 9" 3 Ditto Expences of a party Militia who went to the Oekeneys p' Acc" at tested 13 Feb'^ 1773 five pounds nineteen SMU'-_ 5" 19" __ Ditto for expences of a party of Militia who went after some horse thieves p' Acco' Twenty one pounds Eleven Shil lings and Ten pence 21" 11" 10 To Joseph Clay Esquire due him and Clay & Ha bersham for Sundries pr. Statutes, Colonial and Revolutionary, 1768-1773. 501 Tax Act. p' Acco" Three pounds Eleven ShU? and Six pence half penny 3"11" 61/2 To John Francis Wil liams Esq' for a mare he lost in the Ser-vice of the Publick p' Account five pounds 5" )> To Ann Fitch for Mre of a horse impressed by Coll" Jackson for the use of the Publick Two pounds five Shillings-- 2" 5" __ To Lewis Muliere for a Cow he supplyed a party of Militia that were Ordered to Satilla in Oct' 1767 Two pounds 2" --" __ Carried Over £4343" 12" 4 1/2 Brought forward £4343" 12" 4 1/2 To Quintin Pooler for Sundry Expences In curred by a party Mili tia ordered out under his Command after fu gitive Slaves p' Acco" Four 502 Colonial Records Tax Act. Four pounds Ten Shil lings 4" 10" To Arthur Camey for his Expences for self and others in the pursuit of some fugitive Slaves &° p account Twenty three pounds five Shillings 23" 5" To Lee and WeddaU for Sundrys p' Acco" to 13'" February 1773 five pounds One Shilling & threepence 5" 1" To Reid Storr & Reid for Sundry p' Acco" Seven pounds Ten Shilhngs-- 7" 10" To Gordon & Netherchft for ditto p' acco" At tested 4'" August 1773 Thirty three pounds fif teen Shillings .33" 15" To William Young Esq' for drawing two setts (Conveyances Renoutti- ciation of Dower for a lot the l-5ay of Savan nah bought (by John I.ae i']s(|' in Trust for the Publick in order to Open Statutes, Colonial and Revolutionary, 1768-1773. 503 Tax Act. Open a Street) of Exec utors of the Honble William Simpson Esq' — Sundry Attendances on Commissioners of the To-wn Ten pounds ten Shillings 10" 10" — To Governor Ellis Ms An nuity three years end ing the 1773 at fifty pounds p' An num One hundred and fifty pounds 150" — " — To His Excellency Sir James Wright for pay of two men keeping a Guard at the Planta tion of M' John Hous toun to prevent the spreading of the small Pox from said Pianta^ tion Eighteen pounds-- 18" --" -_ To Thomas Shruder Hen ry Yonge & Samuel Farley Esquires (to be apphed for building a fence round the State House) and materials for the same forty pounds -- -- 40" --" To 504 Colonial Records Tax Act. To ditto to be applied to wards erecting a p' Stocks a Sum not ex ceeding Ten pounds 10" " To Samuel Savery a Dep uty Surveyor for a Bal lance due him on his Account against the Publick for surveying The Indian line from William's Creek to S' Mary 's River TMrty pounds 30" --" Ditto for two horses he lost on said Survey on his pro-ving the Costs of said horses and that he lost them on that Ser vice (to be proved on Oath) Twenty two pounds Ten Shillings-- 22" 10" £4699" 3" 7 1/2 Brought forward £4699" 3" 7 1/2 To WiUiam 0 Brien for byre of negro Carpen ters to assist in repair ing Fort George p' Ac count Two pounds nine ShiUings _^ 2" 9" Collectors Statutes, Colonial and Revolutionary, 1768-1773. 505 Tax Act; ~~" Collectors Commissions on the above Sum Two hundred and TMrty five pounds One SMI- ling and Seven pence halfpenny 235" 1" 7 1/2 Treasurers Commissions on ditto Two hundred and Thirty five pounds One Shilling & Seven pence half penny 235" 1" 7 1/2 £5171" 15" 10 1/2 And be it further Enacted that the fines and penalties by this Act inflicted, not herein dis posed of Shall be to his Majesty and applied in Aid of the General Tax By Order of the Commons bouse of Assembly William Young Speaker By Order of the upper house of Assembly James Habersham President Council Chamber 29'" September 1773 Assented to Ja Wright. State 506 Colonial Records Agent in Q-reat Britain. Title Preamble Ordained That Grey Elliott Esqr be Agent for this Province in Great Bri tain in Case of the Absence of Benja min Frank lin Esqr (State ArcMves.) AN ORDINANCE Appointing the Honorable Grey Elliott Esquire Agent to Sollicit the Affairs of this Province in Great Britain in case of the Absence of Benjamin, Franklin Esquire from Great Bri tain Whereas by an Ordinance passed this present Session Benjamin Franklin Esquire in Reap pointed Agent to Sollicit the Affairs of tMs Pro-vince in Great Britain And Whereas the said Benjamin Franklin may be absent from Great Britain by which means any matters Re lating to this Province that require to be SoUic ited may be Retarded to the Great Injury of the same in Order to Ob-viate which We Pray your most Sacred Majesty that it may be Ordained And be it Ordained by his Excellency Sir James Wright Baronet Captain General and Governor in Chief in and Over his Majesty's Province of Georgia by and "with the Advice and consent of his Majesty's Honourable Council and Commons House of Assembly in General Assembly met and by the Authority of the same, that Grey EUiott Esquire be and he is hereby declared Nominated and appointed Agent to Represent Sollicit and Transact the Af fairs of this Province in Great Britain in case of the Absence of the said Benjamin Frankhn Onlv And Statutes, Colonial and Revolutionary, 1768-1773. 507 Agent in Great Britain. And be it further Ordained that the Said ^Jiln ^/ouow Grey Elliott shall and he is hereby Authorized thfns^'that"''" and empowered to follow and pursue all such In- given him structions as shall from time to time be given erai*^As*sem- to him or the said Benjamin Franklin during the committee Absence of the said Benjamin Franklin, only, by ^"p"'"'^^ the General Assembly of this Pro-vince or by a Committee Appointed in and by the Said Ordi nance Entitled An Ordinance for Reappointing Benjamin Franklin Esquire Agent to Sollicit the Affairs of this Province in Great Britain Commit- And be it further Ordained that the said the'^comn: Committee shall in all Matters Relating to the Correspondence -with the said Grey Elliott do and perform all such things and shall have the same Authority and Power as in and by the Second Clause in the said Ordinance are par ticularly Mentioned and Expressed Relating to Correspondence -with the said Benjamin Franklin And be it further Ordained that there shall sail arty ¦ -I r^ -i-iiT j> Elliott be al- be allowed and paid to the said Grey Elliott lor lowed fioo ^ stg yearly Ms Agency the Sum of One Hundred pounds yearly or in proportion to the said sum for such time only as he shall Act as Agent for tMs Province during the Absence of the said Benja min Franklin and not otherwise over and above his Reasonable Charges and disbursements on his Application to the Several Offices and Boards in Negociating the Affairs of this Province And 508 Colonial Records Agent in G-reat Britain. one'^year."^ AnD BE IT FURTHER OrDAINED that the Said Grey Elliott shaU be and continue Agent for this Province during the Absence of the said Benjamin Franklin and not otherwise for one whole Year to Commence the first day of No vember next By Order of the Commons House of Assembly William Young Speaker By Order of the Upper House of Assembly James Habersham President Council Chamber 29'" September 1773 Assented to Ja. Wright INDEX. Abercorn, mentioned 477 . Absentees, tax on land of 38; 108; 170; 462; collectors to make rettim of lands held by 40. Acton, mentioned 272. Administrators for absentees liable to pay tax 38; 108; 170; 462; may deduct taxes out of absentees' estates 171 ; aot directing, continued . 437. Advocate General, fees of 391. Agent to solioit aflairs of province in Great Britain, ordinance ap pointing 12; 506; to receive instructions from General Assembly, 12; 199; 250; 507 committee to correspond with 13; 200; 250; 507 salary of 13; 52; 181; 201; 251; 507 agent one year...: 14; 201; 252; 508 ordinance re-appointing 199; 249 letters, to whom addressed 200; 251 letters, when opened 200; 251 £10 remitted to 489 Alarm, ferriage free in times of 63; 340 how made 307; 308 penalty for neglecting to communicate 309 on persons not appearing when alarm is made 309 provisions may be impressed in times of 313 Alatamaha River, ferry over 3 mentioned 7; 163; 266; 267; 268 Allen, John, appointed packer and inspector 154 Andrew, Benjamin, appointed collector 37; 169 commissioner of roads 265 Armourer, salary of 184 accoimt of 492 Armstrong, William, commissioner of roads 270 enquirer and assessor of taxes 454 appointed collector 461 Arthur, Francis, commissioner of roads 56 appointed collector 107 Ashe, Thomas, mentioned 182 Assembly House to be repaired 135 lot to be enclosed 184 account for repairs 187. 510 INDEX Assessors, penalty for refusing to perform duty 150 fees of 150 Assessors and Enquirers of taxes appointed 453 duty of 454 penalty for refusing to act 456 Attorneys for absentees liable to pay tax on lands of, 38; 108; 170;462 may deduct taxes out of absentees' estates 171 Attorney General, sum paid to 42; 113; 120 account of 131; 191; 470; 471 fees of 377 Attorneys of General Court, fees of 384 Auditor General, fees of 400 Augusta, ferry at 3; 4 rates of ferriage - 6 tax on town lots in 31; 101; 162; 451 ooUectors for 37; 107; 169; 461 inspector of tobacco for 206 mentioned 259, 260; 476; 500 enquirers and assessors of taxes for 454. B Bacon, John, mentioned 47 j commissioner of roads 265; account of 479. Bacon, Josiah, appointed collector 169; 461; commissioner of roads 265; mentioned 265. Bailey, Joseph, account of 129. Baillie George & Co , account of 126. Baillie, Robert, account of 50; 185; 477. commissioner of roads 267. Ball, Sampson, commissioner of roads 270; enquirer and assessor of taxes 454; appointed collector 461. Banks or dams, aot to prevent damages arising from, approved Sept. 29, 1773 333. Barefie'd, Henry, account of 480. Barnard, Edward, ferry vested in 4; 5; 7; 10; account of 47; 189; 476. Barnard, Wilham, account of 193. Barrington, mentioned 122. Barrington, Josiah, commissioner of roads 268. Bates, Michael, account of 120. Beach Hill, mentioned 58. Beaver Dam, mentioned 259. Beaver skins, tax on 32; 102; 164 456. Beef, pork, pitch, tar and turpentine, act of prevent frau • and deceits in selling, amended, approved Dec. 24, 1768 93; INDEX 511 barrels to contain thirty-two gallons 94 weight of 94 to be branded 94 duration of act 95 act continued 434 Belcher, William, appointed collector I07;46I commissioner of roads 264 Bethesda, students in divinity of, exempted from ferriage 340, BUls of credit, See Paper Bills. Bird, Israel, commissioner of roads 264 Bittenback, Matth., account of.^ 479 Blount, Jacob, account. of 480 Blyth, Peter, account of i 133; 493 Bolton, Robert, appointed collector 37; 107; 149; 168 inspector of tanned leather 70 account of 197; 484; 494 salary as messenger to committee of correspondence 485 account as armourer 492 as messenger to church commissioners 492 as commissioner of workhouse 497 Botmdary Line, See Indian Line. Bounty to pilots 45; 118; 127; 179; 493 on hemp, flax, wheat, flour 184 on flour 497; 499 on hemp 499 Bourquin, Henry, commissioner of roads 263 commissioner for executing act 343 Botirquin, Henry Lewis, appointed collector 460 Bowen, Samuel, mentioned 262; 271 Bowers, John, mentioned 479 Box, Phillip, appointed collector 37 account of 187 member committee of correspondence 200 commissioner of roads 255 enquirer and assessor of taxes 454 Braddock, David Cutler, commissioner of roads 57 Brazeal, Elijah, commissioner of roads 261 Braziel, Samuel, account of 125 Braziel, Thomas, nientioned 127 Bread, act regulating assize of, approved April II, 1768 14 kinds of bread to be made 15 table of assize of bread 16; 17 price of flour to be advertised _- 17 baker' name and price to be marked on every loaf 18 forfeitures, how recovered and applied 18 penalty for adulterating bread 19 time for prosecution limited 19 Justices may inspect bread 19 bread made in violation of act may be seized 20 512 INDEX persons aggrieved may appeal 20 persons refusing to pay costs 21 persons sued 21 duration of act 21 act continued 430 Briar Creek, ferries over 3; 4 rates of ferriage 6 mentioned 259, Bridges, roads and causeways, fines apphed toward repairs of_.ll; 285 to be repaired 274 commissioners may contract with persons to erect 275 bridge between two divisions 276 penalty for damaging 279 penalty for obstructing 280 Brow Creek, mentioned 477 Brown, Francis, commissioner of roads 265 Broxon, John, account of 481 Bruce, James, appointed collector 169; 461 enquirer and assessor of taxes 454 Brunswick wharf lots, tax on 451 Bryan, Hugh, commissioner of roads 264 Bryan James, commissioner of roads 264, Bryan, Jonathan, mentioned 57; 261; 262 commissioner of roads 256 mentioned 488 Bugg, Edmund, inspector of tobacco 206 Bugg, Sherwood, inspector of tobacco 206 Bulloch, Archibald, member committee of correspondence 13; 200 commissioner of roads 271 Buntz, Urban, commissioner of roads 258 Burford, Richard commissioner of roads 261 Burtley's Ferry, mentioned 265, Butler. James, appointed collector 37 commissioner for executing act 66; 343 of roads 263; 269 Butler, Joseph, mentioned 37; 66; 343 commissioner of roads 272 Butler, Sham, commissioner ot roads 264 Butter Milk Blufl, account for surveying 194 C. Candler, William, bounty to, on flour 498- Cantey, Charles, commissioner of roads 269. Cantey, James, commissioner of roads 267; account for surveying 490. Cantey, Josiah, enquirer and assessor of taxes 454; appointed collector 461 INDEX 513 Carney, Arthur, commissioner of roads 268; enquirer and assessor of taxes 454; appointed collector 461 ; account of 502. Carter, Thomas, member committee of correspondence 250. Cary, John, account for surveyjng land for 490. Cattle, neat, act to prevent stealing of, and unlawfully branding marking, killing or driving same, approved Sept. 29, 1773. -345. Cemetery or public burial ground at Savannah, act to empower church wardens and vestry of Christ Church to enlarge, ap proved April II, 1768 74; enlarged 74. enclosed 74. Certificates, act empowering commissioners to issue 83; 85; tenor of ' 86; penalty for counterfeiting 87; treasurer to issue 198. See also Paper Certificates. Chain carriers, expenses of 51 Chancellor's fees 370 Chart and survey ofseacoastand inlets to be pubUshed 83;85 Chestnutt, Alexander, account for surveying land for 490 Chief Justice, exempt from placing up table of fees 361 ; 362 fees of 374; 470 absence of 403 in case of death of 404 Christ Church parish, collectors for 37; 107; 168; 460 mentioned 56; 256; 257; 271; 272: cemetery in, to be enlarged 74 sum to church wardens of 181; 183 enquirers and assessors of taxes for 454 defaulters for pubhc tax in 493 Church commissioners, balance due 44 salary of messenger to 492 Church of England, fees of clerk of 401 land surveyed for glebes 491 Church wardens, to examine persons liable to carry arms 138 sum to, for keeping fire engine in repair 181 for transient poor 183 Churches, land whereon churches are erected exempt from taxation 453 Clarborne, Leonard, bounty paid to, on flour 498 Clark, Hugh, appointed collector 37; 107 Clark, Wilham, appointed collector 37; 107 Clay, Joseph, member committee of correspondence 250 commissioner of roads 255 to issue certificates ' 424 account of 500 Clay & Habersham, account of 500 Clerk Church of England, fees, of 401 514 INDEX Clerk Commons House, salary of 43; 115; 177; 190; 483; 484 fees of 370 Clerk Commissioners of General Loan, gratuity, to 134 Clerk of CouncU, sum allowed 43; 49; 114; 177; 188 balance of account 122 fees of 367 Clerk of Crown, sum allowed 43; 50; 113; 191; 470 Clerk of Crown and Peace, account of 133 fees of 378 Clerk of General Court, fees of 381 Clerk of Upper House, salary and fees of 43; 114; 177; 368; 481; 482 Coburn, John, commissioner of roads 269 Cochran, James, appointed collector 107 Cochran, Jonathan, commissioner for executing act 66 appointed coUector 169 commissioner of roads 267 Cockspur, mentioned 46; 50; 116; 119; 128; 158; 180.; 181 Collectors and enquirers of taxes named 36; 107; 168; 453; 460 to make returns 40; IIO; 172; 464 to make return of own lands 41; 111; 173; 465 penalty for neglecting duty 41; 111; 173; 465 failure to make proper returns 42; 112; 174 persons to render accounts to 102; 163 to administer oath 103; 164; 456 oath of 107; 169; 461 when not liable 112; 175 commissions of 136; 197; 505 persons not paying tax, collectors may levy 166; 458 to assess defaulters double tax 167; 459 constables to execute warrants of 174 to render accounts to treasurer 464 of present or former years neglecting to give in accounts 465 Colson, Saunders, account of 126 Colson, Wilham, commissioner of roads 57 Commissary General, to advertise price of flour 17 Commissary, Pubhc, sum allowed 44; 116; 134; 179; 489 Commissioners of the Church, balance due 44 Commissioners of Court House, balance due 193 ; 496 Commissioners of the General Loan, account of 133 act to empower Commissioners of the General Loan to stamp , reprint, sign and issue paper bills of credit, etc., approved Sept. 29, 1773 415; required to print bills in heu of obhterated bills __4I6; said sum to go in aid of general tax 416 ; defaced bills to be destroyed 417; bills issued in lieu of those destroyed by fire 417. Commissioners or Surveyors, to inspect ferry boats, etc 10; to lay out and make public roads 54; 253; of roads, named 56; 57; 255; 256; 258; 259; 272; INDEX 515 to lease ferry over Great Ogechee River 59; 337; 343 commissioners for executing act 66 vacancies, how filled 67; 273; 344; 424 act to empower commissioners to bmld new hght house, and empowering them to issue certificates, approved Dec. 24, 1768-._. 83 commissioners for issuing certificates 86 to pay treasurer certain sum 86 for building court house in Savannah 132 to assess inhabitants of Savannah 148 named 149; 423 balance due commissioners for building court house _. 193; 496 when exempt from road duty 255 to have persons summoned to work roads 274 may contract for building bridges 275 may appoint overseers 278 to require offenders to repair damages 279 to meet yearly 281 empowered to make cut-offs 282 to agree with persons to attend ferries 283 may lay out private paths 283 penalty for neglecting duty 285 when sued 286 to cause exact surveys of roads to be made 287 act granting to his Majesty sum of four thousand two hun dred and ninety-nine pounds, and for empowering Commis sioners to stamp, imprint, sign and issue paper certificates, etc., approved Sept. 29, 1773 418 sum granted to be issued in certificates 422 empowered to print same 423 Committee to correspond with Benjamin Frankhn, Agent 13; 200; 250 clerk of, paid for services 129 salary of messenger to 485 committee to view hght house, provisions and liquors for 487 committee to correspond with Grey Elliott 507 Commons House of Assembly, salary ot clerk 43 ; 115 ; 177 ; 190 ; 483 ; 484 salary of doorkeeper and messenger of 44; 115; 178; 186; 485; 486 account for copying and transmitting minutes of 8; 43; 47; 114 115; 177; 483; 484 candlers supplied Common House and courts 115; 178; 474; 487 sum allowed Speaker to purchase mase, etc.-. 182 account for printing minutes 197; 493 members exempt from road duty 254 fees of clerk and messenger 370 guard provided by 473 chairs provided for 487 Comptroller and Collector of Country Duties, mentioned 46; 119; 142 158; 180 ordinance appointing Robert Nichols in room of Francis 516 INDEX Lee, deceased, approved April 11, 1768 72 to continue until removed by General Assembly 72 vacancy, how filled '3 ordinance appointing James Kitchen, approved Feb. 27, 1770,145 horses, etc., to be shipped to be tolled before 355 to keep register book for said purpose 355 masters of vessels to take oath before 356 fees of 399; 442 persons exporting raw hides to make entry with 407 authorized to search vessels 408 pe sons resisting to forfeit 409 not to clear out any leather without certificate 410 neglecting to tender oath 412 to transmit to treasurer amount of duties 413 masters of vessels to deliver schedule to 440 entry of cargoes to be made in office of 444 to administer oath 444 penalty for neglecting to administer oath 445 to give bond 446; 447 penalty for failure to give bond 447 to deliver account of moneys received to treasurer 448 Constables, fees of 36; 231; 397 penalty for neglecting duty 106; 168; 232; 468 to execute collectors' warrants 174; 466 to assist Justice of Peace 215 refusing to execute warrants 216; 323; 466; 468 duties of, in executing sentence passed on slaves 225 Justices to issue warrants to 315 Justices of Peace may appoint 469 account paid 480 account for serving summons on defaulters 493 Contagious diseases, act to amend act to prevent bringing into and spreading of, etc., approved May 10, 1770 156 masters of vessels to state health of passengers 157 to give true answers to enquiries 157 penalty for refusing to answer 157 for neglecting duty 158' for swearing falsely 159 forfeitures, how recovered and applied 159 persons sued 160 duration of act 160 aot to prevent bringing into and spreading of, continued 435 See Small Pox and Vessels. Conveyances and deeds made to avoid being assessed, void, 41; 111 173; 465 aot making valid, approved Deo. 24, 176," 96 deeds of sale to be recorded 96 formal defects in deeds remedied 98 proviso _99 act continued 99 INDEX 517 Conyers, John, commissioner of roads 259 Coonache River, mentioned 263 Com, Indian, exportation of prohibited 140 Coroner, sum allowed 52; 114; 132; 176; 189; 192; 475 fees of 400 Council, sum paid clerk 43; 114; 177; 188 account of clerk 49; 122 members of, exempt from working on roads 254 fees of clerk 367 fees of messenger 369 fees of doorkeeper 369; 484 supplies for 484 Counterfeiting or forging certificates, penalty for 87; 425 aot to prevent counterfeiting paper money of other his Majes ty's colonies or provinces in America, approved Sept. 29, 1773 426 persons counterfeiting to suffer death 427 persons paying same, knowing it to be counterfeit, to forfeit 428 continuation of act 428 Court House in Savannah, sum for 44; 132 balance due commissioners for building 193 ; 496 account for window frames, etc., for 497 Courts, sum paid Justices for holding 43 sum paid cryer and keeper of 43; 113; 176; 474 account for holding 48 candles supplied courts and Commons House 115; 178; 474; 487 fees of clerk of general court 381 attorneys of 384 proctors of court of admiralty 392 register of court of admiralty 393 register of court of admiralty for trial of pirates 394 marshal of court of admiralty 395 cryer of 401 common pleas, act for holding special, etc., continued 437. See also Oyer and Terminer. Cowanochee, mentioned 123. Cowanouchee River, mentioned 264. Cowper & Telfair, account of 52; bounty to, on hemp 499. Cox, Caleb, commissioner of roads 260. Cox, John, mentioned 476. Creeks and Rivers, See Rivers. Cronberger, Jacob, appointed collector 107. Cronberger, Jacob, Jr., enquirer and assessor of taxes 454. Crooke, Richard Cunningham, member committee of correspond ence 200; salary of 484. Cryer of the Court, fees of 401. Cryer and Keeper of Courts, salary of 43; 114; 176; 474. 518 INDEX D Dams or banks, act to prevent damages arising from, approved Sept. 29, 1773 333 not to stop natural course of water, etc 333 judges of injury and remedy therefor 334 damages already sustained, how recovered 335 allowance' to freeholders for trouble 336 persons sued 336, Darien, collectors for 37; 107; 169; 461 mentioned 267 enquirers and assessors of taxes for 454, Dasher, Martin, ferry vested in 4; 5; 7; 10 Davis, John, appointed collector 107; 169 account of 478 Debutts, John Colhns, account of • 123 Deeds and conveyances made to avoid being assessed, void, 41; 111: 173; 465 deeds of sale to be recorded 96 act making vahd, approved Dec. 24, 1768 96 formal defects remedied 98 proviso 99 continuance of act 99 Deer, act to prevent mischiefs arising from hunting and kiUing deer by fire light in night time, approved Sept. 29, 1773__288 persons hunting without their own enclosures to forfeit -.289 forfeitures, how levied 289: continuance of act 290 Deer skins, tax on 32; 102; 164; 456 Defaulters, treasurer to issue warrant against 467 account for serving summons on 493 Defense, See Public Defense. Delegal, George, commissioner of roads 263 Delegal, Phihp, commissioner of roads 271 Demere, Raymond, Sr., enquirer and assessor of taxes 454 Dennis, Jacob, bounty to, on flour 497 Deputy Auditor, account of 491 Deputy Secretary, account of 191; 489 Deputy Surveyors, fees of 403 accounts of 490; 504 Deputy Surveyor General, account of 490, Deveaux, James, commissioner of roads 271 Deveaux, John, mentioned 60; 66 Dial, account for putting up 489 Dill, Philip, commissioner of roads 258 Dixon, Henry, commissioner of roads 261 Dixon, Josias, commissioner of roads 261 Donnoms Mill, mentioned 58 INDEX 519 Doorkeeper of Council, fees of 369- Doorkeeper and Messenger of Upper and Commons House, salary of 44; 115; 178; 186; 486; 487. Douglass, Daniel, commissioner of roads 260. Downes, Henry, enquirer and assessor of taxes 454; account of 476. Drayton, Stephen, commissioner of roads 267. Ducker, James, account of 124. Dukes, Benjamin, mentioned 478. Dunham, Wilham, commissioner of roads 58. Dunhams Swamp, mentioned 263; 264. Dunlap, Joseph, appointed culler and inspector of lumber 154. Dunlop & Tondee, account of 496. E Earle, John, commissioner of roads 264, Eastern division, described 271 Eastlake, Samuel, commissioner of roads 261 Ebenezer, ferry estabhshed from 3 in whom vested 4 rates of ferriage 5 tax on lots in 31; 101; 162; 451 collectors for 37; 107; 168; 460 enquirers and assessors of taxes for 454, Elbert, Samuel, sum to, for Queensborough settlers 182 Election, writs of, sum paid for issuing 43; 113; 116; 176; 473. Ellington, Rev. Mr., salary as minister for St. Paul 189. EUiott, Grey, account of 51; 126; 134; commissioner for issuing certificates 86; ordinance appointing Grey Elhott agent to solicit affairs of province in Great Britain in case of absence of Benjamin Frankhn, approved Sept. 29, 1773 506 to follow instructions of General Assembly 507 powers of committee 607 aUowed £lOO yearly . 507 agent for one year 608 Elhs, Governor, annuity for 44; 116; 179; 503 Enquirers and Assessors of taxes named 453 duty of 454 penalty for refusing to act 455, Eppinger & Wilhams, account of 496 Ewen, William, member committee of correspondence 13; 200 to direct repair of caponier 128 sum to, for repairing Governor's house 194 appointed collector 460, Ewensburg, tax on lots in 31; 101; 148; 162; 451 mentioned 80; 255 enquirers and assessors of taxes for 454, 520 INDEX Examiner and Register in Chancery, fees of 371. Executors liable for tax on lands of absentees 38; 108; 170; 462; may deduct taxes out of absentees' estates 171; act directing manner of returning inventories, etc., con tinued 437. Exportation of Indian corn prohibited 140. Express, persons sent, not to pay ferriage 9; 65; 342; sent in service of government 44; 116; 178. Fahm, Frederick, account of 195; 473; 477. Farley, Samuel, commissioner to issue certificates 424; account of 503. Fees, act for settling and ascertaining fees to be taken by several publick officers and persons hereinafter named, approved Sept. 29, 1773 359 no pubhc officer to demand further fees 359 penalty for demanding greater fees 360 publick officers to put up table of fees in offices 360 Secretary to put table of Governor's fees in office 361 prothonotary to put table of Chief Justice's fees in office. _362 Governor and Chief Justice exempt from placing up tables of fees 362 Governor's fees 362 Secretary's fees 364 Clerk of Council's fees 367 Clerk of Upper House, fees of 368 Messenger of Council, fees of 369 Door-keeper of Council, fees of 369 Messenger of Upper House, fees of 369 Clerk and Messenger of Commons House, fees of 370 Chancellor's fees 370 Master Chancery's fees 370 Examiner and Register m Chancery, fees of 371 Solicitors in Chancery, fees of 372 Chief Justices, fees of 374 Attorney General, fees of 377 Clerk of Crown and Peace, fees of 378 Clerk of General Court, fee ; of 381 Attorneys of General Court etc., fees of 384 Provost Marshal, fees of 388 Judge of the Admiralty, fees of 390 Advocato General, fees ot 391 Proctors ot the Court of Admiralty, fees of 392 Register of the Court of Admiralty, fees of 393 Register of Court of Admiralty for trial of pirates, fees of -.394 Marshal of Court of Admiralty, fees of 395 Marshal of Admiralty on trial of pirates, fees of 396 INDEX 521 Register of Grants, fees of 396 Justices of Peace, fees of 397 Constables, fees of 397 Pubhc Treasurer, fees of 398 Collector or Comptroller, fees of 399 Pubhc Notaries, fees of 399 Powder Receiver, fees of 400 Coroner, fees of 400 Auditor General, fees of 400 Cryer of the Court, tees of 401 Clerk ot Church of England, fees of 401 Sexton, fees of 402 Surveyor General, fees of 402 Deputy Surveyor, fees of 403 absence of Chief Justice 403 Assistant Justice to transact business and receive fees 404 death or removal of Chief Justice 404 pubhc officers to give account when required 404 suits brought by virtue of this act 405 pubhc officers sued 405 verdict given, prosecutor to forfeit 405 proviso 405 suspended until his Majesty's confirmation 405 Felony, certain crimes declared 219; 221; 243 Ferriage for mihtia, account for 48 free in times of alarm 63; 340. Ferries, act establishing several ferries in this province and for vesting same in persons mentioned, approved April 11, 1768, 3 in whom vested 4 to provide boats and servants 5 rates for ferriage 5; 6; 7 list of rates for ferriage to be kept in pubhc place 7 forfeitures for delays 8 persons exempted from paying ferriage 8 mail and express carriers not to be delayed 9 penalty for delays 9 boats and landings to be kept in repair 10 commissioners to examine boats and landings 10 persons neglecting or refusing to repair 11 forfeitures, how recovered and apphed 11 act to empower commissioners to put up to sale ferry over Great Ogechee, etc., approved Aprii II, 1768 59 ferry to be sold for term of five years 60 ferry vested in persons purchasing same 61 moneys from sale, how applied 61 house at ferry and causeway opposite to be repaired 61 purchasers of ferry to provide boat and slaves for trans porting passengers ...62; rates of ferriage 62; 522 INDEX ferriage free during insurrection or invasion 63; ferriage free for hie Majesty's troops and ministers 63; ferriage, how collected 63; purchasers to keep in repair houses, boats, etc -. - -63; not to clear more than fifty acres land.. .-63; penalties, how recovered and apphed 63; purchasefs to give constant attendance 64; purchaser's to forfeit if persons are delayed 64; deputy or agent with mail not to pay ferriage - -66 ; persons sent express in service of province exempted 65; penalties and forfeitures 66; commissioners for executing act 66; to inspect ferry, boats, landings, etc 66; commissioners dying, vacancies how filled 67; when commissioners appoint ferries 283; act to empower commissioners to lease to the thirty-first of December next, and then put up to sale for benefit of pubhck, ferry over Great Ogechee River, etc., approved Sept. 29, 1773 337 person leasing ferry to keep boat, etc 339 rates of ferr^ge 340 persons exempted from paying ferriage 340 persons renting ferry to keep in repair buildings, etc 341 not to clear more than fifty acres of land 341 conditions on which ferry is rented 341 persons who are not to pay ferriage and not be detained- 342 penalty if detained 343 commissioners named 343 commissioners to fill vacancies 344 act to continue several laws mentioned, and for vesting several ferries in persons mentioned, etc., approved Sept. 29, 1773 429; vested in persons named for five years 438; property of ferries determine 438; same vested in persons named 438. Ferrymen, exempted from road duty 255. Finlay, James, commissioner of roads 262. Fines, See Forfeitures. Fire arms, slaves not to carry 76; 227; may be seized 77; act to oblige male white persons to carry to places of pub hc worship, approved Feb. 27, 1770 137; to carry arms under penalty 138; persons liable to carry arms to be examined 138; persons refusing to be examined 139; duration of act 140; act continued 434. Firewood, act to prevent frauds in selling 93; act continued 434. INDEX 523 Fitch, Ann, paid for horse impressed 501. Flax, < hemp and wheat, act encouraging cultivation and regulating inspection of, approved Dec. 24, 1768 89 treasurer to pay bounty on 90 Governor and Council to give order for payment of bounties, 91 inspectors to brand flour 91 fees of inspectors 91 oath of 92 inspectors falsely certifying to forfeit 92 continuance of act 93 sum for purchasing flax seed 182 bounty on 184 Fieri, John, appointed collector 37; 169 commissioner of roads 66 account of 188 enquirer and assessor of taxes 454 Flour, bounty on 184; 497; 498; 499 See also Flax. Florida, east, mentioned 270 Flyming, James, commissioner of roads 262 Flyming, Thomas, account of. 186 commissioner of roads 258 Ford, Isaac, commissioner of roads 57; 261 appointed collector 169 Forfeitures and fines, how recovered and applied, 9; II; 18; 19; 20 23; 24; 25; 26; 27; 28; 53; 64; 65; 82; 137; 138; 139; 141; 169 198; 208; 237; 247; 284; 286; 289; 336; 343; 350; 357; 409; 448 Ust of fines to be read once a year at head of regiments — 331 Forrester, James, account of .-124 enquirer and assessor of taxes 454 appointed collector 461 Forrester, the interpreter, sum paid to 123 Fort Barrington, ferry at 3; 4 rates for ferriage 6 Fort George, mentioned 46; 48; 119; 127; 158; 180 to be garrisoned 50; 128; 181 colors for use of 52 salary of commanding officer 492 pay of men 492 sum for repairing 495; 504 Fort Halifax, capoiner in, used as prison 129 mentioned 133 flag staff and colors for 134 sum paid for removing guns, etc., from 489 Fox, John, commissioner of roads -263 Franklin, Benjamin, ordinance appomting Benjamin FrankUn Agent to sohcit affairs of province in Great Britain, ap proved April 11, 1768 12; to receive instructions from General Assembly, 12; 199; 250; 524 INDEX committee to correspond with 13; 200; 250; salary of 13; 181; 201; 251; agent one year .14; 201; 252; ordinance re-appointing, approved May 10, 1770 199, letters, to whom addressed 200; 251; letters, when opened 200; 251; ordinance re-appointing, approved Sept. 29, 1773 249; ./^ £10 remitted to 489; ordinance appointing Grey Elliott Agent to sohcit affairs of province in Great Britain in case of absence of, etc., approved Sept. 29, 1773 506. '^ Fraser, George, sum paid to 476. Frauds, act to prevent frauds in laying out his Majesty's lands, continued 69; 432; to prevent frauds and deceits in selhng beef, pork, pitch, tar, turpentine and firewood 92; act continued 434. See also Mortgages. Frederica, tax on town lots in 31; 101; 162; 451; collectors for 37; 107; 169; 461; mentioned 155 ; enquirer and assessor of taxes for 464. Fussell, Thomas, commissioner of roads 260. G. Galphin, George, account of 48; 122; 126! to settle township on Ogechee River- 131! mentioned 189; 494- Gaining, acts to prevent, continued 431- Garrett, Devereaux, commissioner of roads 260. Garth, Charles, mentioned 136. General Assembly, to give instructions to Benjamin Franklin, Agent, 12; 199; 250 sum for defraying expenses of holding 43; 114 salary for clerk of 134 fire and candles for 178 to give instructions to Grey Elhott 507 General Court, fees of clerk ot 381 fees of attorneys of 384 Germany, Robert, appointed collector 37; 107; 169 Gibbons, Joseph, member committee of correspondence 13 commissioner of roads 261 Gibson, Wilham, paid for negro executed 121 Glen John, sum paid to 481 Goldsmith, Thomas, Jr., commissioner of roads 263 Goldwire, John, commissioner of roads 57 Goldwire, John, Jr., commissioner of roads 68 Goldwire & McGillivray account, of 496 INDEX 525 Goodgame, John, account of 494. Goodgion, William, appointed collector 107; 461. Goods, wares, etc., tax on 439; 451. Gordon & Netherclift, account of 502. Goulding, John, sum allowed for negro executed 49. Government, fines apphed towards support of 10; 29; 53; 65; 343; act granting sum to his Majetty for use and support of, approved April II, 1768 29 tax on land 30; 101; 162; 451 on town lots and slaves 31; 101; 162; 451 on free negroes, mulattoes or mustees 31; 101; 163; 451 on merchandise, etc 31; IOI; 148; 163; 439; 451 on money at interest 31; 102; 148; 163; 453 date for returning taxes 31 102; 164; 456 oath for tax payers 32; 103; 164; 456 to produce receipt for ^ast years' taxes 33; 104; 165; 458 persons, neglecting to pay taxes 34; 104; 166; 468 persons neglecting to give in taxes 35; 105; 166; 458 defaulters' goods to be levied on 36; 105; 167; 458 constables' fees 36; 106; 168; 459 collectors named-- 36; 107; 168; 460 collectors' oath 37; 107; 169; 461 attorneys, trustees, etc., liable tor taxes of absentees 38; 108 170; 462 persons paying taxes in South Carohna to produce re ceipt 39; 109; 171; 463 penalty for refusing to produce receipt 40; 110; 172; 464 collectors to make returns 40; 110; 172; 464 to make returns of their own lands, etc 41; 111; 173; 464 deeds and conveyances made to avoid being assessed, void 41; 111; 173; 465 penalty on coUectors failing to do duty 41; III; 173; 465 failing to make proper returns 42; 112; 174; 466 taxes, how disposed of 42; 63; 113; 175 expresses sent in service of 44; 116; 178 fines and penalties not disposed of 53; 198 act granting sum to his Majesty for use and support of, approved Dec. 24, 1768 100; act granting sum to his Majesty for use and support of, approved May 10, 1770 161; act granting sum to his Majesty for uses and purposes men tioned, approved Sept. 29, 1773 418; act granting sum to his Majesty for use and support of government, approved Sept. 29, 1773 449 exceptions 453 taxes, how levied 459 Governor, to give permission to admit inoculation 27 exempt from patrol duty 80 moneys advanced by, repaid 123; 127 526 INDEX to fiU vacancies 67; 71; 73; 146; 152; 166; 207; 273; 344 masters of vessels to produce passport from 156 sum to, for payment of scout 183 fees of 191; 362 sum for sundry expenses 192 for repairing house of 194 exempt from road duty 254 to suppress insurrection or invasion 307 to hear and determine certain offences 318 account for abstracts of land delivered to 492 Governor and Council, to give order to treasurer to issue money 42; 113 175; 470 to fiU vacancies 67; 71; 73; 146; 152; 165; 207; 273; 344 treasurer to pay money on order of 87 to give order for payment of bounties 91 Grand Jury, account for publishing presentments of 493. Graeme, William, Attorney General, account of 131; 191 sum paid estate of 470 Graham, John, ferry vested in 4; 5; 7; 10 member committee of correspondence 200; 260 mentioned ... 256; 262 Grants, Deputy Auditor of, account 491 Grants, salary of register of 52; 119 account of.. .. 186; 491 fees of 396. Graves, John, inspector of tanned leather 70 commissioner of roads 266 enquirer and assessor of taxes 454 Grayson, John, appointed collector 37; 107 Great Ogechee River, act establishing division on north side of.. 54 new road for settlers on 55 ferry over, to be put up to sale 59 mentioned 66; 67; 60; 63; 66; 267; 261; 262; 263; 264 sum appropriated for settling town on 130 persons hable to work upon and keep clear 264 act to empower commissioners to lease ferry over 337 Great Satilla River, mentioned 269; 270 Gresham, Joseph, commissioner of roads 259 Green, John, commissioner of roads 269 Grierson, James, appointed collector 37 commissioner of roads 260 enquirer and assessor of taxes 454 Guardians, slaves suing for freedom to have guardians appointed- ,210 action brought by 211 See also Executors. Gwinnett, Button, mentioned 485 INDEX 527 H. Habart, Henry, account of 125 Habersham, James, member committee of correspondence 13; 200 commissioner for executing act 66; 343 mentioned 261 Habersham, James, Jr., commissioner of roads 263 Habersham, Joseph, commissioner of roads 255 Habersham & Clay, account of 600 Half Moon Bluff, mentioned 271 HaU, John, commissioner of roads 56; 258 HaU, Nathaniel, appointed commissioner 149 appointed collector 168 commissioner of roads 266 Hahfax, collectors for 37; 107; 169; 461 enquirers and assessors for 464. Hamilton, Jesse, mentioned 133 Hampstead, mentioned 272 Handley, WiUiam, account of 491 Hands, Abner, mentioned 480. Harbet, James, commissioner of roads 269 Harbour Master, ordinance appointing Andrew Elton WeUs, ap proved May 10, 1770 151 appointed for two years 162 vacancy, how fiUed 152 Harding, WiUiam, mentioned 194 commissioner of roads 261 Hardwick, tax on town lots in 461 Ham, John, commissioner of roads 263 enquirer and assessor of taxes 454 appointed collector ^ 461 Harvey, John, account of 190 Hatcher, Edward, mentioned 129 Heam, John, account paid 123 Helvenstine, Jacob, appointed coUector 37; 107; 461 Helvenstine, Jeremiah, account of 61 Hemp, bounty on 184; 499; 600 Hemp, flax and wheat, act encouraging cultivation and regulating inspection of, approved Dec. 24, 1768 89 treasurer to pay bounty on 90 Governor and Coimcil to give order for payment of bounties 91 inspectors to brand flour 91 fees of inspectors 91 oath of 92 inspectors falsely certifying to forfeit 92 continuance of act 93 boimty on 184 Herd, John, sum aUowed 188 Herriott, James, appointed packer and inspector 164 528 INDEX Hides, act granting Ms Majesty duty upon raw neat hides exported from tMs province, and for preventing exportation of un merchantable tanned leather, approved Sept. 29, 1773 406; duty on raw hides for the use of his Majesty 407; how raw hides may be exported 407; raw hides shipped before entry and duty paid, to be for feited 408 how such raw hides may be seized 408 persons resisting comptroller or waiters to forfeit 409 fines and forfeitures, how recovered 409 tanned hides offered for sale to be inspected and branded- -410 inspectors to give certificate 410 treasurer or comptroller not to clear out until certificate is produced 410 fees of inspectors 410 leather put on board without being inspected, forfeited 411 master of vessels having such on board shall forfeit 411 inspectors to take oath 411 the oath 411 masters of vessels at clearing to take oath 412 the oath 412 treasurer or comptroller neglecting to tender oath 412 inspectors intentionally branding unmerchantable Mdes, etc. 413 comptroller ot ports to account with treasurer 413 persons sued 413 continuation of act 414 Higdon, David, mentioned 127 Highgate, mentioned 272 road to be continued 273 Hopewell, Ship arrival of from Ireland 182 Horses and neat cattle, act to prevent stealing of, and unlawfully branding, marking, killing or driving same, approved Sept. 29, 1773 34&- punishment for first and second offense 346 , horses, etc., upon sale or exchange, to be tolled 347 Justices ot Peace appointed toll masters 347 who shall administer oaths 348 stolen horses sold may be claimed within six months 348 method of claiming such 349 toll masters not to toll horses, etc 349 those of freeholders or those producing certificate 350 penalty for unlawfully branding or marking 350 how recovered and applied 350 slaves not to kill, mark or brand horses 351 no horse, etc., to be detained 352 penalty, how recovered 352 how toll master shall advertise 352 wild horses, etc., to be advertised 354 if not claimed to be sold 355 INDEX 529 horses, etc., shipped to be tolled 356 register book for same 365 book may be inspected 356 masters of vessels before clearing to deliver manifest 356 oath 356 Comptroller neglecting to administer oath 367 Comptroller may seize horses, etc., not tolled 357 continuation of act--^ 358 Horse Creek, mentioned 57; 261 Horton, Nicholas, commissioner of roads 258 Hospitals for contagious diseases 26 House of Assembly to be repaired 135 Houstoun, John, paid for negro executed 481 small pox on plantation of 503 Houstoun, Sir Patrick, member committee of correspondence 250 account for abstracts of grants 491. Howard, John, bounty on flour 407 Howell, Joseph, account of 133. Howell, PhOip, commissioner of roads 57; 268 account of 132. Hudson, Charles, account of 194. Hudson, Christopher, commissioner of roads 258. Hudson, Robert, commissioner of roads 57; appointed collector 461. Hughes, Philip, culler and inspector of lumber 164. Hughes, Thomas, appointed collector 169. Huguinen, David, commissioner of roads 263. Hume, James, account of 471. Hume, John, commissioner of roads 261. Hunting and killing deer by fire hght in night time, act to prevent mischiefs arising from 288. Hurst, Lundy, mentioned 129. Hutchinson's Island, mentioned 256; 262. I. Indian com, act to prohibit for certain time exportation of, ap proved Feb. 28, 1770 140 penalty for exporting 141 how recovered and applied 141 offenders to be committed to goal 142 persons sued 142 masters ot vessels to take oath 142 prohibition to be removed, when 143 Governor may prohibit exportation 144 continuation of act 144 Indians, account of interpreter for 47 satisfaction made to 48 530 INDEX supplies for 60; 122; 123; 125; act to prevent private persons purchasing land from, continued- - 69; 433 account for rum supplied to 124 Wrightsborough to be protected from 183 mare found in possession of 188 mentioned 310; 494 act to prevent trespasses on lands of, and for preventing persons bartering with, continued 431. Indian Line, expenses for marking and mnning, 51; 122; 123; 124; 125; 126; 504. Inspectors of tanned leather for ports of Savannah and Sunbury appointed, ordinance approved April 11, 1768 70 names of inspectors 70 additional inspector for Sunbury 71 vacancies, how fiUed 71 duration of ordinance 71 act regulating inspection of hemp, flax and wheat, ap proved Dec. 24, 1768 89 to certify that same is merchantable 91 to brand flour 91 fees of 91; 410 oath of 92; 410 falsely certifying to forfeit 92 continuance of act 93 to brand beef and pork inspected 95 ordinance appointing packers and inspectors and cuUers and inspectors, approved May 10, 1770 153 act to appoint inspectors of tobacco, approved May 10, 1770 204 inspectors named 205 duties of 206 fees of 206 oath of 207 penalty for stamping unsound tobacco 207 vacancy, how fiUed 207 to inspect tanned Hdes, etc 410 intentionally branding unmerchantable hides, etc 413 Insurrection or invasion, ferriage free during times of 63; 340 Governor to suppress 307 who are to march and who remain on duty 311 method of drawing names of persons who are to march 312 provisions may be impressed in times of 313 Interest, tax on money at 31; 102; 148; 163; 453 Ireland, arrival of people from 182 J. Jackson, Colonel, mentioned 501. Jackson, James, account of 126; appointed coUector 169. INDEX 531 Jackson, James & Co., bounty on hemp 500; assisting evidences with horsea to come to Savannah 500. Jamieson, John, commissioner of roads 272. Jamieson, Thomas, commissioner of roads 269 Johnson, or Johnston, James, accoimt of 48; 120; 197 paid salary as printer 129; 192; 493 Johnson, Lewis, member committee of correspondence 13 account of 472; 473 Johnson, WUUam, account of 479 Johnston, Dr. Andrew, sum paid to 476 Jones, Edward, appointed coUector 107. Jones, John, commissioner of roads 266 appointed collector 461 Jones, Noble, member committee of correspondence 13; 200; 250 commissioner for issuing certificates 86; 423 to settle township on Ogechee River 130 salary as Senior Justice 190 commissioner of roads 271. Jones, Noble Wimberly, member committee of correspond ence .. 13; 200; 250 account of 48; 185; 477 commissioner for issuing certificates 86; 423 to settle township on Ogechee River 130 sum paid for repairing Assembly House 135 to be reimbursed sum remitted 136 to purchase mase, etc., for Commons House 182 to have Assembly House lot enclosed ,. 184 mentioned 26 1 commissioner of roads 261; 272 Jones, Robert, mentioned 477 Jones, Samuel, appointed collector 107 Jones, William, commissioner of roads 261 Judge of Admiralty, fees of 390 Juries, sum paid for summoning 43; 113; 175. Justices may summon to try slaves 217 oath to be taken by 218 Justice of Bench, expenses for holding courts 43; 113 Justices of Peace, to inspect bread 19 to commit offeinders to goal 3i6 to administer oath 107 to give certificate 108 account of 189 to disperse meetings of slaves 215 may commit slaves to workhouse 216 may summon jury 217 authorized to comjJel persons to give evidence 224 exempt from road duty 255 to issue warrants to constables 315 appointed toU masters 347 532 INDEX fees of 397; 469; to assist treasurer 468; may appoint constables 469'. K. Keal, Henry, account of 34. Kelly, John, sum paid for holding inquest on body of 476. Kelsall, Roger, paid for negro executed 49; commissioner of roads 266. Kennedy, Darby, ferry vested in 4; 5; 7; 10. Kitchen, James, appointed Collector and ComptroUer of Coun try Duties 145; inspector of tobacco 205. Knox, William, account of 119. L. Lambert, James, commissioner of roads 260 Land, tax on 31; 101; 148; 162; 451 of absentees 38; 108; 170; 462 persons possessing land on Savannah River in South Caro hna 39; 108; 171; 463 lands held by absentees 40; 111; 170; 172; 464 deeds and conveyances made to avoid being assessed, void 41; III; 173; 465 purchasers of ferry not to clear more than fifty acres- .63; 341 act to prevent private persons purchasing lands from In dians, continued 69 act to prevent frauds in laying out his Majesty's lands, continued- . 69 account of lands to be rendered collectors 163 act to prevent trespasses on lands of the Crown or lands re served for Indians, continued 431 acts to prevent frauds in laying out, continued 432 lands exempted from taxation 453. Laws, act for continuing several laws mentioned, approved April 11, 1768 68; laws continued 83; 88; 429; James Johnson paid for printing 129; 192; 493. Lazaretto, See Tybee Island. Leather, tanned, ordinance appointing inspectors of, approved April, II, 1768 70 names of inspectors 70 additional inspector for Sunbury 71 vacancies, how filled 71 duration of ordinance 71 INDEX act granting to his Majesty duty upon raw neat hides ex ported from tMs province, and for preventing exportation of unmerchantable tanned leather, approved Sept. 29, 1773.. 406 tanned Mdes offered for sale to be inspected and branded.. 410 inspector to give certificate of inspection 410 fees of inspector 410 leather put on board without being inspected forfeited 411 master of vessels having such on board to forfeit 411 inspectors to take oath 411 the oath 411 masters ot vessels at clearing to take oath 4l2 the oath 412 treasurer of comptroller neglecting to tender oath 412 inspectors intentionaUy branding unmerchantable tanned Mdes, etc.- 413 ComptroUer of ports to account with treasurer 413 persons sued 413 continuation of act 414 LeConte, WiUiam, appointed collector 37; 107; 169 sum to, for repairing Governor's house 194 member committee of correspondence 250 mentioned .. 266 commissioner of roads 267 for executing act 343. Lee, Francis, Robert Nichols appointed to fill vacancy caused by death of 72. Lee, Thomas, Sr., account of 47; 133; 186; 192 packer and inspector 154 salary paid estate of 485 Lee, Thomas, Jr., account of 48 cuUer and inspector of lumber 154 Lee & Weddell, account of 121; 187; 502. Lemmon, James, commissioner of roads 269 Lemon, James, enquirer and assessor of taxes 454 appointed coUector 461 Lewis, Benjamin, ferry vested in 4; 5; 7; 10 account of ferriage 48 commissioner of roads 260 Lewis, David, appointed coUector 169; 461 enquirer and assessor of taxes 454 Lewis, Thomas, Jr., commissioner of roads 260 Lewis, Thomas, account for surveying 490 Light House on Tybee, act for repairing or rebuUding, continued. . 68 act to empower commissioners to build new light house. .83; 84 in ruinous condition 83 sum appropriated for building 85 certificates for building 86 act for rebuilding continued 88 provisions and hquors for committee appointed to view 488 534 INDEX Little Ogechee River, mentioned 262; 272. Little River, mentioned 260. Long, John, account of 478. Lord, WiUiam, commissioner of roads 260. Lot, Arthur, mentioned 478. Lott, Mark, mentioned 479. Lotteries, act to suppress, continued 431. Low, Isaac, commissioner of roads 260; 261; bounty on flour 498. Lucena, James, commissioner of roads 261. Lumber, cullers and inspectors of 153; act to regulate, continued 435. Ljrford, WiUiam, allowed sum to build pilot boat 116; bounty to 493 ; sum to, for repairing Fort George 496. Lyon, John, account of 48; 189; 497. M. Macbean's Swamp, mentioned 259; 260. Maebride, Samuel, commissioner of roads 262 Mack, Thomas, account of 47, Mackay, Hugh, inquest held over body of 477 Mackay, James, commissioner for executing act 66 account of 123 Mackay, Robert, commissioner of roads 260 appointed collector 461 Mactier's place, mentioned 266; 267; 268, Magee, Hugh, account ot 478 Majesty, his, sum granted to 10; 53; 65; 137; 198; act granting to his Majesty sum of three thousand three hundred and seventy five pounds four shillings and one penny for the use and support of the government, etc; approved April, II, 1768 29 supphes for troops of 44 troops of, upon duty, ferriage free 63; 340 act to prevent frauds in laying out lands of, continued 69 sum granted to, for building light house, etc 83 act granting to his Majesty sum of three thousand and forty six pounds sixteen shiUings and eight pence one farthing for the use and support of the government, etc., approved Dec, 24, 1768 100; act granting to his Majesty sum of three thousand three hundred and fifty five pounds nine shillings and one farthing for the use and support of the government, approved May, 10, 1770 161; act granting duty upon raw neat hides exported from this province, and for preventing exportation of unmerchantable tanned leather, approved Sept. 29, 1773 406; INDEX 535 act granting to Ms Majesty sum of four thousand two hundred and ninety nine pounds, etc., approved Sept. 29, 1773 ^ 418 sum granted shaU be issued in certificates 422 commissioners empowered to print same 423 form of certificate 423 commissioners named.. 423 vacancies, how fiUed 424 said sum to be sunk by general tax 424 manner of sinking same 424 treasurer to call in old certificates and exchange them 425 persons forging such certificates 425 act to prevent counterfeiting paper money of his Majesty's colonies or provinces in America, approved Sept. 29, 1773.-426; act to prevent frauds in laying out lands of, continued.. 432, act for granting to his Majesty sum of five thousand one hundred and seventy one pounds fifteen shUhngs and ten pence half penny for the use and support of government, etc. approved Sept. 29, 1773 449. Manly, Peter, inspector of tanned leather 70. Mann, John, appointed collector 107; commissioner of roads...- 260. Mariners, See Seamen. Marshal of Court of Admiralty, fees of 395 ; 396 Marshall, Joseph, commissioner of roads 261 Martin, Clement, member committee of correspondence 13 commissioner of roads 56; 258 mentioned .. 107 Martin, John, appointed coUector 37; 107 commissioner of roads .58 Master Chancery's fees 370 Mavo, Chris, mentioned 132 Mavo, Thomas, mentioned 133 Maxwell, James, commissioner of roads 263; 265 for executing act 343 Maxwell, Mary, sum paid for condemned negro 481 Maxwell, Thomas, commissioner of roads 266 Maxwell, Wilham, commissioner for executing act 66 of roads 263 enquirer and assessor of taxes 464 appointed collector 461 Maybank, Andrew, commissioner of roads — 267 enquirer and assessor of taxes 454 appointed coUector 461 McCleland, James, appointed collector 107 McCleland, John, appointed collector 169 McClelland, James, enqi^ijrer and assessor of taxes 454, McCorrijp, Andrew, appoihted coUector 107; 169 McCurry, Andrew, appointed collector 37 53n INDEX McDonald, Charles, appointed packer and inspector 155; appointed collector 169. McFarland, James, account of 193. McGillivray, Lachlan, account of 122; 123; to settle township on Ogechee Riyer 131. McGillivray & Goldwijre, account of 496. Mcintosh, George, account of 194; 477; commissioner of roads 267. Mcintosh, Jame, mentioned 185. Mcintosh, John, account of 47. Mcintosh, Lachlan, appointed collector 169. Mcintosh, William, account of 480. McKay, .James, commissioner of roads 263; for executing act 343. McKenzie, William, allowed sum for negro executed 49. McLean, Andrew, commissioner of roads 260. McLean, John, commis^lpner of roads 263; for executing act 343. McLellan, James, appointed collector 37. McLuere, John, sum paid to 472. McTier's Place, mentioned 266; 267; 268. Merchandise, tax on 31; 101; 148; 163; 439; 451. Messenger of Church Commissioners, sum paid to 492. Messenger of Council and Upper House, salary of 484. Messenger of Upper and Commons Houses, salary of, 44; 115; 178; 186; 486; tees ot 369 ; 370. Middlesex Island, mentioned 258. Midway, salary of pilot at 46; 117; 181. Midway River, mentioned 264. Militia, account ferriage ot 48; provisions for 51; act for better ordei,ing, approved Sept. 29, 1773 291; Governor may form companies 291' commissioned officers to take oaths 292; regiments and companies formed 293 ; field officers to train companies in battalions 293; except inhabitant.s of Sea Islands 294; interior officers neglecting to attend rendezvous 294; field officers appoint general musters once a year 294; commanding officers ot companies exercise them 296; persons not to remain above one day except times of insur rection 295 ; not compelled to march ou tot province 295 ¦ captains to enlist male inhabitants 295- persons liable to appear to carry gun, etc 296* persons neglecting to appear to forfeit 297; officers may inspect arms 297' on special occasions companies may be assembled 298; INDEX ,337 Governor may form troops of horse 299 method of forming such troops 299 troops shall attend Governor in times of insurrection 300 penalty for refusing 301 male persons residing in province three months hable to bear arms 301 persons excepted 302 indented male servants to appear at musters 303 freed servants allowed six months to provide arms 304 process not to be executed, when 304 duty of men when under arms 305 how punished 306 persons obUged to bear arms removing 306 penalties until certificate is produced 306 case of insurrection or invasion 307; 311 duty requisite 308 alarm, how made 308 penalty for neglecting to communicate alarm 309 on persons not appearing when alarm is made 309 parts of province exposed to pirates, Indians, etc 310 duty of officers and men 310 in time of invasion or insurrection who are to march 311 who to remain and their duty 311 method of drawing names of persons who are to march.. 312 in time of alarm officers may impress provisions, etc 313 how appraised and paid 314 provision for carriages, ammunition, etc 315 how appraised and paid 316 lodging, provisions and ammunition impressed 316 penalty for offenders 317 captains to appoint sergeants 318 offences against act, how heard and determined 318 method of summoning defaulters 320 warrant of distress 321 marshals or sergeants refusing to act 322 constables or others refusing to execute warrant 323 persons to enlist in company nearest residence 323 masters to return list of faithful slaves 324 Governor may give directions to enlist such slaves 324 not exceed one third of the wMte men 325 how incorporated and armed 325 owners of slaves to be paid 326 white servants, opposing enemy, if maimed 327 rewards to widows and children 327 clauses of act to be publicly read 329 owners neglecting to make list of male slaves 329 persons sued 330 list of fines read once a year at head of regiments 331 officers of regiments to fix districts of each company 332 538 INDEX continuation of act 332 expenses of 500; 501 MiU Town, ferry at 3; 4 miU at 259 Millar, Samuel, appointed inspector of tobacco 205 Milledge, John, member committee of correspondence 13; 200 commissioner for executing act 66 for issuing certificates 86 Miller, Samuel, commissioner of roads 266 Miller, Stephen, commissioner of roads 263 Miller, William, sum paid for holding inquest over body of 476 Minis, Abigail, account of 186; 487 Ministers of gospel, ferriage free for 63; 340 exempt trom patrol duty 80 from road duty 255 Money at interest, tax on 31; 102; 148; 163; 453 Moodie, Thomas, account of 191; 489 Moreeock, Samuel, appointed packer and inspector 154 Morel, John, commissioner of roads 271 account of 487 Morgan, Thomas, ferry vested in 4; 5; 7; 10 Mortgages, act to prevent fraudulent mortgages and conveyances and for making valid all deeds and conveyances heretofore made, etc., approved Dec, 24, 1768 96; deeds of sale to be recorded 96; method ot proceeding where there are more mortgages than one 97 widow's dower not barred 98 formal detects in deeds remedied 98 proviso 99 continuance of act 99 act continued 438 Mossman, James, enquirer and assessor of taxes 454 Mossman & Read, account of 132 Muckleroy, Charles Higdon, mentioned 127 Mulattoes, tax on, 31; 35; 101; 163; 167; 461 liable to work roads 66; 57; 254; 272 penalty for neglecting summons 276 for neglecting duty 278 for evading tax 105; 459. See also Slaves. Muliere, Lewis, account of 601. Mullryne or Mubyne, John, ferry vested in 4; 5; 7; 10 member committee of correspondence 13; 200 to settle townsMp on Ogechee River 130 reimbursed sum remitted 136 commissioner of roads 271 reimbursed bills lost by fire 417 INDEX 539 Munro, Simon, appointed collector 37; commissioner of roads 266. Musgroves Creek, mentioned 262. Mustee, tax on 31; 36; 101; 163; 167; 461; 459; refusing to obey summons 276. Mutteer's Landing, ferriage to 7. N. Nacniel, Daniel, commissioner of roads 262. Neat cattle. See Horses. Negroes, tax on 31; 101; 162; 163; 451 liable to work roads 56; 57; 254; 272 punishment of 186 penalty for refusing to obey summons 276 for neglecting duty 278 acts regulating work-house for, continued 436 act to oblige masters of vessels importing negroes, etc, to pay tax, approved Sept. 29, 1773 439 masters of vessels to dehver schedule of 440 when negroes and other slaves may be sold 443 those unsold 443 amount paid for condemned and executed negroes 481. See also Slaves. Negro houses, may be searched for weapons 77. Neidlenger, John, sum paid to 476. Nehnes, Samuel, appointed packer and inspector 154. Nelson, Wilham, account of 481. Nephew, Peter, commissioner of roads 268. Nesmith, James, commissioner of roads 259. Netherchft, Thomas, mentioned 196; 263; 272; member committee of correspondence 250; commissioner of roads 255; 272. Netherclift & Gordon, account of 502. Newington Road, mentioned 66; 57; 268; 261; commissioners for 261. Newport River, mentioned 266; 267. Nichols, Robert, appointed ComptroUer and Collector of Country Duties 72 mentioned 146 North Newport River, mentioned 266 North West Division, first, persons liable to work thereon 256 commissioners named 266 North West Division, second, act dividing into two parts.. 54; 256 division of 55; 257 persons liable to work therein 267 North West Division, third, mentioned 259 North West Division, .fourth, described 260 Nunes, or Nunez, Daniel, additional sum aUowed 49; 135; 184 slaves of, exempted from working on road 255 540 INDEX o. Oaklin, John, account of 120. O'Brien, Wilham, account of 504. Odingsells, Charles, member committee of correspondence 200. Ogechee Division, described 67. Ogechee Ferry, sum for 46. Ogechee River, See Great Ogechee. Osborn, George, mentioned 129. Osgood, Josiah, account ot 49. commissioner of roads 265. Overseers, commissioners may appoint 278; powers of 278. Oyer and Terminer, courts of, mentioned 25; expenses tor holding 42; 113; sum paid Provost Marshal for attending 43; 113; 176; 473. Packers and inpsectors for Savannah and Sunbury 163. Paper bills ot credit, act to empower commissioners of the general loan to stamp, reprint, sign and issue, etc., approved Sept. 29, 1773 416 to be printed in lieu of bills obhterated 416 said sum to go in aid of general tax 416 defaced bills to be destroyed .. 417 bills issued in heu of those destroyed by fire 417 Paper certificates, commissioners authorized to issue 83; 86;147 act empowering commissioners to stamp, imprint, sign and issue paper certificates, etc., approved Sept. 29, 1773 418 sum to be issued in certificates 422 commissioners empowered to print same 423 the certificate 423 commissioners named 424 treasurer to call in old certificates 425 persons forging 425. Paper Money, act to prevent counterfeiting, etc., approved Sept. 29, 1773 426; persons counterfeiting shall suffer death 428 ; persons paying same knowing it to be counterfeit, shall for feit 428; continuation of act 428. Patrols, firewood and candles for use of 50; act to amend and continue act estabhshing and regulating patrols, and for preventing persons purchasing provisions, etc., from slaves, approved Dec. 24, 1768 76 slaves not to carry fire arms without hcense 76 offensive weapons may be seized 77 persons making seizure to make oath .. 78 INDEX 541 property to be vested in persons making sei7ure 78 owners of fire arms shall be summoned 78 construction of act 78 spirituous hquors not to be sold or given to slaves 79 offenders shall forfeit 79 slaves may convict offenders 80 persons exempted from patrol duty 80 patrols may make arrests 81 offenders fined 82 duration of act 82 acts regulating, continued 436 Peacock, Mary, mentioned 479 Peacock, Thomas, sum aUowed . 49 Peacock, WiUiam, enquirer and assessor of taxes 454 Pearce, Joshua, commissioner of roads 258 Pelcher, Edward, mentioned 479 Piercy, Joseph, account of 47. PUot house, act keeping in repair, continued 68 Pilotage, act regulating, continued 68 Pilots, bounty to 45; 118; 127; 179 salarj' of pUot at Midway 46; 117; 181 sum for 51 sum for building pUot boat 116 to make enquiry of commanders concermng health of vessels 157 exempt from road duty 256 Pine Bluff, mentioned 59; 60; 61; 338; 339 Pipe Makers Creek, mentioned 261 Pirates province exposed to depredations from 310 fees of register of Court of Admiralty for trial of 394 of the marshal 396 Pitch, act to prevent frauds in selhng 93 act continued 434. Poison, John, appointed coUector 37; 107 Pooler, Quintin, account of 501 Pork, act to prevent frauds in seUing , 93 act continued 434 Port Royal, mentioned 85 Postmaster General, no deputy or agent of, to pay ferriage 9; 65; 342 Powder Receiver, fees of 400 salary of 491 PoweU, James Edward, member committee of correspondence 13; 200 250 account of 193; 492 commissioner to issue certificates 423 sum, to for repairing Fort George 495 Powell' John, mentioned 480, Powell WUham, commissioner of roads. 58. Presto" *^ Pryce, account of 133 ; 191 Prine Joseph, guard provided for 473 account for apprehending ..481. 542 INDEX Printer, salary of 46; 129 account of 48; 192; 493 Prisoners, sum paid for maintenande of 43; 176; 471; 472 medicines for 48; 185 caponier used as prison 129 sum for putting irons on 473; 477 for attending sick 477 for brmging to goal 478; 479 Pritchard, James, account of.. 47 Proclamations, sum for publishing 43; 113; 175; 473; 493 Proctors of Court of Admiralty, fees of 392, Provost Marshal, sum aUowed to 43; 50; 113; 114; 128; 175; 176; 195 472; 473 fees of '. 388 Pryce, Charles, balance of account 50 account of , as Attorney General 120 paid for negro executed 121 commissioner of roads 261. Pryce & Preston, account of 133; 191. Pubhc Arms, account for repairing and cleaning 51; 121. Pubhc Buildings and Records, protection of 149. PubUc Commissary, salary of 44; 116; 134; 179; 489. Pubhc Defense, act to obhge male white persons to carry fire arms to places of pubhc worship, approved Feb. 27, 1770 137 to carry same under penalty 138 penalty, how recovered and apphed 138; 139 persons hable to carry arms to be examined 138 persons refusing to be examined 138 continuation of act 140, Pubhc Officers, act establisMng and settling fees of 359 to give particular account when required 404 when sued 405 tax on salaries of 453 Public Notaries, fees of 399 Public Treasurer, fees of 398 persons exporting raw Mdes to make entry with 407. See also Treasurer. PubUc Worship, act to obUge male wMte persons to carry fire arms to, approved Feb. 27, 1770 137; to carry arms under penalty 138; persons hable to carry fire arms to be examined 138; persons refusing to be examined 139; continuation ot act 140; act continued 434. Pugh, James, commissioners of roads 261. Punch Houses, act regulating, continued 429, Quaker Settlement, See Wrightsborough. Quarterman, Thomas, appointed coUector 37; 107. Quarterman, WiUiam, commissioner of roads 265. INDEX 543 Queensborough, sum for setthng 182; 187; 188; 191; 194 new road to 261 mentioned 262 account for surveying lots in 490 for auditing grants in 491 R. Rae, John, sum to, for enabling people to go to Queensboro 182; 187; for flax seed 182; for repairmg Governor's house 194; for two lots 195; lots bought for pubhc 502. Rainer, John Francis, reimbursed for bUls lost by fire 417. Read, James, commissioner for executing act 66; 343; member committee of correspondence 200; 250; commissioner of roads 263. Read & Mossman, account of 132. Records and PubUc Buildings, protection of 149. Register of Court of Admiralty, fees of . 393; fees for trial of pirates 394. Register of Grants, sum allowed 52; 119; 186; fees of 396; accoimt of 491. Reid, Storr & Reid, account of 602. Reid, Robert, commissioner of roads 256. Rivers, John, account for negroes executed 48. Rivers and Creeks, act to clear, repair and improve, approved April 11, 1768 54; act approved Sept. 29, 1773 253; to be repaired and worked upon 274; penalty for stopping water or damaging roads, etc 279; penalty for obstructing 280; commissioners authorized to make cut-offs from 282; acts to prevent persons throwing baUast, etc., into, con tinued 432. Roads, pubhc, hospital for cobtagious diseases not to be buUt near 27; additional act to empower surveyors to lay out and make pub hc roads, etc., approved April 11, 1768 54; second northwest division divided 55; persons hable to work oh roads in same 56; commissioners or surveyors of roads appointed 56; empowered to lay out road 57; Ogechee division estabhshed 57; persons Uable to work on roads in '- 57; commissioners or surveyors for Ogechee 57; new road to be laid out in St. John's parish 58; additional commissioners or surveyors appointed 58; 544 INDEX duration of act 58; act to empower surveyors to lay out, make and repair, ap proved Sept. 29, 1773 253 commissioners named empowered to work roads 263 to clear any others to be laid out 264 persons liable to work on 254 persons exempted 254 town of Savannah division 255 persons liable to work therein 255 commissioners named 255 first northwest division and commissioners names 266 second northwest division divided 257 upper and lower north west division, boundaries of 257 persons liable to work therein 257 commissioners for upper and lower divisions 258 third northwest division, persons hable to work therein 259 commissioners named 259 road leading to Quaker settlement 259 commissioners named 260 persons liable to work on fourth northwest division 260 on road leading to Wrightsborough 260 commissioners named 260 Newington road, persons hable to work thereon 261 commissioners named 261 new road trom Newington to Queensborough 251; 261 commissioners named 261; 262 persons hable to work thereon 262 first southwest division, persons liable to work 262 commissioners named 263 second southwest division, persons hable to work 263 commissioners named 263 road to be laid out from Ogechee causeway to Midway ferry 264 persons liable to work, and commissioners names 264 third southwest division, persons liable to work 265 commissioners names 265 persons liable to clear streets and common of Sunbury 266 commissioners named 266 fourth southwest division divided 266 persons hable to work therein 266 commissioners named --267 fifth southwest division 267 commissioners named- 1 267 sixth southwest division, persons liable to work therein 268 commissioners named -268 seventh southwest division, persons hable to work therein- -268 commissioners named -269 eighth southwest division, persons liable to work therein- --269 commissioners named 269 ninth southwest division, persons hable to work therein 270 commissioners named 270 INDEX 545 commissioners to employ surveyor 270 eastern division, persons hable to work therein 271 commissioners named 271 inhabitants to have sufficient time to go to work 272 southern division, persons Uable to work therein 272 commissioners named.. 272 Highgate road to contmue 272 commissioners or surveyors to fill vacancies 273 when majority are dead or departed Governor to fiU vacan cies 273 maimer of summoning persons to work 274 commissioners may contract with persons to buUd bridges 276 bridge between two divisions 276 penalty for persons not obeying summons 276 exceptions 276 male wMte inhabitants to carry arms 277 warrants, when they may be executed 277 commissioners may appoint overseers 278 power of overseers 278 penalty for stopping water or damaging roads, etc 279 width of roads 280 trees left standing 280 penalty for obstructing passage of roads 280 or opposing commissioners in clearing same 280 commissioners to meet yearly 281 empowered to make cut-offs 282 appoint ferries, when 283 may lay out private paths .283 fines and forfeitures 284 penalty on commissioners neglecting duty 285 persons sued 286 moneys and fines incurred in the town division 286 commissioners to cause exact surveys to be made 287 mUe and direction posts erected 287 continuance of act 287 Roads, bridges, and causeways, fines apphed towards repairs of II; 285 Roberts, Hysom, account of 126 Robinson, Sylvanus, mentioned 265 commissioner of roads 265 Roche, Matthew, reward paid to 50 sum paid to 471; 472 Ross, Thomas, sum aUowed to 474 Rum, account for rum supphed Indians _-.. 124, Russell, Mrs., mentioned 262; 271 Ryan, Daniel, commissioner of roads. 269 546 INDEX s. Sabbath Day, penalty for working slaves on 244. SaUors, sick, act to prevent harbouring of, amended 166. Saint Simons, mentioned 70; 154. SaUens, Peter, Sr., commissioner of roads 266. Salters, or Saltus, Samuel, sum paid for negro executed 49; commissioner pf roads 265; enquirer and assessor of taxes 454. Sandiford, or Sandyford, John, commissioner of roads 265; appointed collector 461. Santa SevUia, rates for ferriage from 7. Sapelo River, mentioned 267. Satilla, mentioned 601. SatUla River, mentioned^. 269; 270. Saunders, Joseph, commissioner of roads 262. Savage, Loveless, bounty to, on flour 498. Savannah, flour sold in 15; to prevent spreading small pox in 24; offenders to be committed to goal 25; 36; 245; 467; tax on town lots in 31; IOI; 148; 162; 451; coUectors 37; 107; 168; 460; sum for court house in 44; 132; mentioned, 55; 78; 79; 80; 129; 133; 134; 142; 183; 233; 240; 266; 262; 263; 271; 272; 286; 352; 477; 478; 479; 480; 500 act appointing inspectors of tanned leather 70 cemetery in, to be enlarged ; 74 to prevent riots 81 act to empower commissioners to assess inhabitants of, and empower treasurer to issue certificates for supporting watch in, approved May 10, 1770 147 assessment, how made 148 persons hable to be assessed neglecti,ng to pay 149 commissioners appointed 149 protection of pubhc buildings and records 149 assessors neglecting duty 150 fees of assessors and treasurer 150 harbour master for 151 packers and inspectors and cullers and inspectors appointed, 153 sum paid for guard in 192 lots in for use of public 195 amendatory act for better regulating, etc., approved May 10, 1770 202 plan deemed true one 203 persons enclosing land reserved for pubhc use 203 inspectors of tobacco for 205 inhabitants exempt from working on roads 254 town of Savannah division 255 commissioners for 265 INDEX 547 male wMte inhabitants to pay yearly two shiUings 276 fines apphed towards keeping pubhc weUs in repair 286 act better regulating, continued 434 masters of vessels to deliver schedule to comptroUer 441 enquirers and assessors of taxes for 454 treasurer reimbursed for moneys advanced towards sup porting watch in 495. Savannah River, mentioned 3; 66; 56; 256; 257; 259; to prevent persons possessing lands on banks of, in Geor gia and South Carolina evading taxes 39; 108; 171; 463. Savery, Samuel, account of 124; 194; balance due 504. Schubtrien, Jacob, enquirer and assessor of taxes 454. Sea Coast and Inlets, accurate survey and chart of 83; 85; Sea Islands, mentioned 271; 294; inhabitants to have suflicient time to go where summoned to work 272. Seamen, act punisMng seamen or mariners neglecting or deserting duty, etc., continued 433. Secretary, aUowed sum for copying and sealing acts 44; 115. Secretary of Province, account of 121. Secretary of State, fees of 364. SeU, Jonathan, commissioner of roads 260. Setilla, mentioned 51. Sexton, fees of 402 . Seymour, Rev. Mr., salary of 494. Shand, Peter, commissioner of roads 259; enquirer and assessor of taxes 454; appointed coUector 461. SheftaU, Mordecai, inspector of tanned leather 70. SMpping, act raising fimd by impost on, continued 68; 88. Shirley, WiUiam, mentioned 479. Shruder, Thomas, account of 190; 490; 503; member committee of correspondence 250; commissioner to issue certificates 424. Sikes, WiUiam, reward paid for 50. Simpson, Ehzabeth, mentioned 196. Simpson, James, inspector of tobacco 205. Simpson, John, member committee of correspondence 13; 250; account of 47; 190; commissioner of roads 256; mentioned 261; 262; sum paid estate of 471; 483. Simpson, John, Jr., appointed coUector 37; 107. Simpson, Wilham, mentioned 196; interest paid executors of 488; lot bought from executors of 503. Sims, Thomas, commissioner of roads 260. Skidoway Island, mentioned 271. 548 INDEX Slaves, infected, owners responsible for 25 tax on 31; 101; 148; 162; 451 persons paying tax for in South Carolina to produce re ceipt 39; 40; 110; 171; 463 to work on roads 56; 57; 58; 254 to be kept at ferry to assist passengers. ^ 62 act to prevent persons trading with, amended 75; 436 not to carry fire-arms 76; 77; 227 may sell certain articles 78 penalty for giving spirituous hquors to 79; 235 may convict offenders 80 acts relative to 83 moneys arising from impost on 84 act laying duty on, continued 88 fugitive slaves, sum paid for 186 act for ordering and governing, for estabhsMng jurisdic tion for trial of, and to prevent inveighhng and carrying away, approved May 10, 1770 209 slaves suing for freedom to have guardian appointed 210 suit brought by guardian, defendant must produce ward of pahntiff 211 not to go out of limits without ticket 212 penalty tor giving ticket to slaves without permission 212 slaves refusing to be examined 213 penalty on persons beating slaves 214 meetings of slaves, how dispersed 215 trial of slaves 216 sentence, when suspended 218 oath to be taken by jury on trial of 218 evidence to be taken against 218 evidence admissible against free negroes 219 certain crimes declared felony 219 poisoning declared felony 221 rewarded for giving information of designs to poison 221 pumshment for giving false information 222 penalty for teaching others to poison 223 punishment for giving medicine to other slaves 223 slaves executed by law to be appraised 223 persons compeUed to give evidence 224 penalty for masters conceahng slaves accused of crimes.. .225 duties of constables in executing sentence passed 225 not to carry fire-arms 227 penalty for striking white persons 228 runaway slaves 229 to be maintained at charge of owners 230 reward for taking run-away slaves 230 fees of master of work-house and constable 231 penalty on constables and masters of work-house for neglect, 232 slaves not claimed 233 INDEX 549 penalty for harboring runaway slaves 234 persons maimed in execution of this act 235 penalty on persons deahng with slaves 236 evidence against such offenders 237 penalty on owners for permitting them to work without tickets 237 goods, canoes, etc., kept by slaves hable to seizure 238 stolen property to be restored to owners 239 owners to take oath 239 owners to give permission to slaves to buy and seU 240 quantity and quahty of goods to be set forth 240 slaves found out of owner's plantation without ticket 241 found with offensive weapons 241 not to rent houses, etc 242 male slaves exceeding seven not to travel without white person 242 penalty for teaching slaves to write 243 felony to inveigle 243 penalty for working on Sabbath 244 penalty for cruelty to . 244 not to be kept on plantation without wMte person 245 persons sued 246 construction of act 246 fines, how recovered and apphed 247 continuation of act 248 suspended until Ms Majesty's approbation 249 overseers may punish 278: owners to provide arms for indented servants 303 freed servants allowed six months to provide arms 304 dangers from fugitive slaves 310 hsts of faitUul slaves 324 such slaves may be enlisted 324 not to exceed one-third of white men 325 how incorporated and armed 325 killed or disabled slaves 326 reward to white servants if maimed 327 to widows and chUdren 327 to negroes and other slaves 328 owners neglecting to make list of slaves 329 refusing to send enlisted slaves 330 not to kill, mark, or brand horses, etc 361 act to obhge masters of vessels and other transient persons importing negroes or other slaves, etc., to pay tax, approv ed Sept. 29, 1773 439 schedule of negroes, slaves, etc., to be delivered upon oath, 440 security for payment of tax on 442 persons neglecting to deliver manifest and account of 442 negroes or slaves may be seized 442 may be sold at pubhc outcry 443 550 INDEX disposition of those unsold 443 to whom consigned 444 persons to whom consigned shall take oath 444 expenses incurred in going after fugitive slaves 501; 602. Shterman, Jeremiah, account of 51j 121 sum paid estate of 184 SmaU pox, act to prevent spreading of, approved April 11, 1768 22 persons knowingly spreading same to forfeit 23 Justices to prevent infected persons entering province 24 persons assisting infected persons to forfeit 24 penalty for Justices and others neglecting duty 24 persons interfering with or resisting Justices 25 slaves infected 26 infected houses to be advertised 26 hospitals, where built 26 construction of act 27 inoculation to be admitted, when 27 fines and forfeitures, how apphed 28 persons sued 28 duration of act 28 act continued 432 guard to prevent spreading of 503 Smith, James, mentioned 479 Smith, John, member committee of correspondence 13 account of 48 commissioner for issuing certificates 86 to direct repairing capoiner 128 to settle townsMp on Ogechee River 131 to have Assembly House repaired 136 to have same enclosed 184 enquirer and assessor ot taxes 454. Smith, Stephen, commissioner of roads 269 Sohcitors in Chancery, fees of^ 372 South Carohna, ferry at ¦ 3 persons pa3dng taxes in, to produce receipt, 39; 40; 109; 110; 171; 463; mentioned 85. Southern Division, described 272. South Newport River, mentioned 265'; 267. Southwest Division, first, described 262. Southwest Division, second described 263. Southwest Division, tMrd, surveyors to lay out new road in 54; described 264; 265. Southwest Division, fourth, described 266. Southwest Division, fifth, described 267. Southwest Division, sixth, described 268. Southwest Division, seventh, described 268. Southwest Division, eighth, described 269. Southwest Division, ninth, described 270. INDEX 551 Spalding, James, commissioner of roads 268 enquirer and assessor of taxes 454 appointed collector 461 Speaker of Commons House, to purchase mase, etc 182. Spencer, John, account of 190 Spencer, Richard, mentioned 58 Spirituous Liquors, forfeit for giving to slaves 79; 235 acts regulating, continued 429 persons retailing without Ucense 446 St. Andrew, coUectors 37; 107; 169; 461 mentioned 185 divided 266 enquirers and assessors of taxes 454 account for lands surveyed in 491 State House, fence to be built around 503 Statutes at Large, account for 47 St. David, collectors . 37; 107; 461 exempt from taxes 161; 163 mentioned 268 commissioners to employ surveyors to lay out and mark roads in 270 ; enquirers and assessors of taxes 454. Stevens, Samuel, aUowed sum tor negroes executed -. 49. St. George, coUectors . 37; 107; 169; 461; mentioned 269 ; commissioners 261; enquirers and assessors of taxes 464. Stirk, Benjamin, appointed collector 169. Stirk, John, commissioner of roads 256; 258. St. Jago, mentioned 194. St. James, collectors 37; 107; 169; 461; enquirers and assessors of taxes 454. St. John, collectors 37; 107; 169; 461;, new road in 58; 264; mentioned 266; 267; enquirers and assessors of taxes 454. St. Mary, collectors , 37; 107; 461; exempt from taxes 161; 163; mentioned 269; 270; enquirers and assessors of taxes 464.. St. Mary's River, mentioned 123; 270; 504. St. Matthew, collectors 37; 107; 168; 460; mentioned 54; 56; 256; 257; 258; commissioners 26 1;, enquirers and assessors of taxes 454. Stokes, Anthony, member committee of correspondence 250. Storr, John, account of 129. Storr, Reid & Storr, account of 502. St.. Patrick, collectors 37; 107; 461;, INDEX exempt from taxes 161; 163; mentioned 268; 269; commissioners to employ surveyors to lay out and mark roads in 270 enquirers and assessors of taxes 464 St. Paul, coUectors 37; 107; 169; 461 sum allowed rector 49 salary of minister 189; 494 mentioned 269; 260 commissioners 262 enquirers and assessors of taxes 454 St. Phillip, coUectors 37; 107; 169; 461 mentioned 61; 263; 264 enquirers and assessors of taxes 454 St. Simon, mentioned 70; 154 St. Thomas, collectors 37; 107; 461 exempted from taxes 161 ; 163 mentioned 269 commissioners to employ surveyors to lay out and mark roads in 270 enquirers and assessors of taxes 454 St. Tuans, mentioned 85 Stubbs, Jehu, commissioner of roads 260 Sulhvant, Daniel, commissioner of roads 267 Sunbury, tax on town lots in 31; 101; 162; 451 collectors 37; 107; 169; 461 mentioned 46; 119; 142; 158; 180; 264; 265 act appointing inspectors of tanned leather 70 additional inspectors 71 Comptroller and Collector of Country Duties 72; 146 packers, inspectors and cullers of lumber 153; 154 inspectors of tobacco 205; 206 inhabitants exempted from working roads 264 persons liable to clear streets and commons 266 commissioners 266 masters of vessels to deUver schedule to comptroller of 441 enquirers and assessors of taxes 454. Sunday, See Public Worship. Survey and chart ot sea coast and inlets to be pubhshed 83; 85. Surveyor General, account of 187 ; Deputy Surveyor Gteneral, account of 190; fees of.., 402. Surveyors, See Commissioners and Roads. Sym, Hugh, inspector of leather 70. T. Tanned Leather, see Leather. Tar, act to prevent frauds in selling 93; act continued 434. INDEX 553 Tattnall, or TatneU, Josiah, ferry vested in 4; 5; 7; 10; paid Mre of boat, etc 185; commissioner of roads 271. Tavems, acts regulating, continued 429. Tax acts 29; 100; 161; 449; collectors and enquirers of taxes 36; 107; 168; 453;460; persons paying tax in South CaroUna to produce receipt, 39; 109; 171; 463; deeds and conveyances made to avoid being assessed, void, 41; 111; 173; 465 treasurer to apply money in aid of 89; 453 fines and forfeitures applied in aid of , 137; 159; 198; 234; 247; 605 act empowering commissioners to assess inhabitants of Savannah 147 act appropriating sum in aid of 415; 416 deficiency 419 how made good 422 certificates to be issued 422 commissioners empowered to print certificates 423 sum to be sunk by general tax 424 manner of sinking 424 act to oblige masters of vessels to pay tax, etc., approved Sept. 29, 1773 439 how levied 469 warrants against defaulters 467 account for serving summons on defaulters 493. See also Government. Taylor, John, account of 124; 126. Telfair, Edward, commissioner of roads 256. Telfair, Wilham, mentioned 499. Telfair & Cowper, account of 52; bounty on hemp 499. Thomas, John, appointed coUector 37; 461; commissioner of roads 260; enquirer and assessor of taxes 454. Thomas, John, Jr., appointed collector 107; 169. Thomas, Samuel, account of 494. Thomas, Turbefield, account of 479. Tilley, Aaron, mentioned 478. Tinkler, John, appointed collector 37. Tobacco, act appointing inspectors, and to prevent exportation of bad and unmerchantable tobacco, approved May 10, 1770 204 aU tobacco exported to be inspected 205 inspectors named 205 duties of 206 to be weighed and stamped 206 fees of inspectors 206 oath of 207 554 INDEX penalty for stamping unsound tobacco 207 not to be exported until inspected 207 fines and forfeitures 208 duration of act 208 account for inspecting 499 ToU Masters, appointed 347 not to toll horses, etc., when 349 to advertise lost cattle 352 to advertise wild horses, etc 354 Tomhnson, Samuel, account of 478 Tondee, Peter, allowed sum for negro executed 49 account of 131; 195; 488 culler and inspector 154 salary of 486 Tondee & Dunlop, account of 496 Transient persons, act to obhge masters of vessels and other tran sient persons importing negroes or other slaves, goods, wares, and merchandise to pay tax, etc 439 penalty on, for selhng hquors 446 goods, wares, merchandise, imported by 462 Treasurer to advertise price of flour, 17 collectors to make returns to 40; III; 172; 464 to conmiit offenders to goal 42; 112; 174; 466 to issue moneys appropriated 42; 113; 175; 470 sum allowed 52 commissioners to pay sum to 86; 149 to apply moneys in aid of pubhc tax 89; 453 authorized to pay bounty on hemp, flour and wheat 90 mentioned 108 commissions of 136; 197; 505 empowered to issue certificates 147; 150 fees of 150; 398; 442; 468 balance due i 196 to issue certificates 198 to pay inspectors' fees 206 overplus money to be paid to 234 fines to be paid to 357; 448 persons exporting raw Mdes to make entry with 407 not to clear out any leather without certificate 410 neglecting to tender oath 412 comptrollers to transmit account to 413; 448 moneys due and unpaid to 419; 422 to caU in old certificates 426 masters of vessels to deliver schedule to 441 to give bond 446 failure to give bond 446 to issue warrants against defaulters 467 account for interest paid executors of Wm. Simpson 488 advance on bill of exchange 488 INDEX 555 reimbursed moneys advanced 496 Trenfield, WUliam, packer and inspector 154 Treutlen, John Adam, comimssioner of roads 56; 258 Trick, Adam, accounts of 486; 487 Troops, his Majesty's supphes for 44 ferriage free 63; 340 Trustees, executors, etc., hable for tax on lands of absentees, 38 108; 170; 462 may deduct taxes out of estates of absentees 171 Trustees Gardens ,taxonlotsin 31; 101; 148; 162; 451 mentioned 80; 255 enquirers and assessors of taxes for 454, Tuckasee Kings Creek, mentioned 65; 56; 257 Turkey HUl, mentioned 261 Turpentine, act to prevent frauds in seUing 93 act continued 334. Tybee Island, act keeping in repair hght and pUot houses, con tinued 68 light house in ruinous condition 83 mentioned 86; 88 certificates for building new hght house 85; 86 act regulating and well ordering lazaretto, amended 156 act continued 435 provisions and liquors for committee appointed to view hght house 488; bounty paid pUot 493. U. Underwood, Francis, mentioned 127. Upper House, salary of clerk 43; 114; 177; 481; 482 salary of door-keeper and messenger 44; 115; 178; 487 fees of clerk 368 fees of messenger 369; 484. V. Vagrants, act for punishment of, continued 431. Vernonburgh, mentioned 272. Vernon River, mentioned 271; 272. Vessels, oath admimstered masters of 46; 119; act regulating pUotage of, continued 68; masters of, to take oath 142; 356; 412; 441; act to aifaend act to obhge masters of vessels to produce pass port from Governor, approved May 10, 1770 156 health of passengers to be stated 157 true answers to enquiries concerning 157 penalty for refusing to answer 157 for neglecting duty 168 556 INDEX for swearing falsely 159 forfeitures, how recovered and apphed 159 persons sued 160 duration of act 160 uninspected, leather on board 411 act to prevent masters of vessels carrying off persons in debt, continued 430; amendatory act to obhge masters of vessels to produce pass port from Governor, continued 435; act to obhge masters of vessels and other transient persons importing negroes or other slaves, etc., to pay tax, etc., approved Sept. 29, 1773 439 schedule of negroes, slaves, etc., on board 440 security for taxes due 442 faUure to make manifest, negroes, slaves, etc., may be sold 442; those unsold 443; quantity and quahty of cargoe 444. W. Walker, George, commissioner of roads 260 Walker, Joel, account of 477 Walthow or Walthour, Jacob, appointed coUector 107; 460 Walton, John, appointed collector 107 commissioner of roads , 260 enquirer and assessor of taxes 454 bounty on flour 498, Wares, etc., tax on 31; 101; 148; 163; 439; 451 Watson, Charles, account of 49 salary paid estate of 481 Way, Moses, commissioner of roads 267 WeddeU & Lee, account of 121; 187; 502 Weddle, Benjamin, account of 47 culler and inspector of lumber 154 WeUs, Andrew Elton, appointed Harbour Master 151 term, two years 152 vacancy, how filled 152 inspector of tobacco 205 hemp inspected by 499 account for inspecting tobacco 499 Wells, Samuel, mentioned 479 Wertch, John, commissioner ot roads 258 Wertsch, John Gasper, appointed collector 37 commissioner of roads 56 West, Mathias, commissioner of roads 56 Wheat, See Hemp. Whitefield, George, appointed collector 169. INDEX 557 Whitefield, James, account of 192; 475; 491; commissioner of roads 256. Whitehead, Amos, bounty on flour 499. WiUiams. John Francis, reward paid 62; paid for horse lost in pubhc service 501. Wilhams & Eppinger, account of 496. WiUiams, WiUiam, commissioner of roads 268. Wilhams Creek, mentioned 504. Wilson, John, drowned 477. Witherspoon, John, comnussioner of roads 267. Wright, Sir James, account for money advanced 488; account of 603. Wright, Jermyn, commissioner of roads 270. Wright, Joseph, appointed coUector 37. Wrightsborough, sum for protection of 183; for settlement 188; 191; surveys of 193; mentioned.. 259; 260; account for lots surveyed in 490; auditing accounts for settlers 491. Writs of Election, sum paid for isBuing 43;;113; 116; 176; 473. Wylly, Alexander, member committee of correspondence 13; account of 47; 482; 483; to settle townsMp on Ogechee River 130; reimbursed sum remitted 136. WyUy, Richard, appointed commissioner 149; coUector 107; 168; commissioner of roads 266. WyUy, WiUiam, commissioner of roads 256. Yamacraw, tax on lots 31; 101; 148; 162; 451 mentioned.. 80; 255 enquirers and assessors of taxes 454 Yonge, Henry, account of 187; 503 member committee of correspondence 250 commissioner of roads 271 Young, Isaac, commissioner of roads 256 Yoimg, Nat., mentioned 129 Young, Thoms, appointed coUector 107 member committee of correspondence 250 commissioner of roads 265 Young, WiUiam, account of 129 to have Assembly House repaired 136 to have Assembly House lot enclosed 184 member committee of correspondence 200; 260 commissioner to issue certificates 423 account of 502 Youngblood, Benjamin, bounty on flour. 499 558 INDEX z. Zettler, MattMas, commissioner of roads 68. Zubly, David, member committee of correspondence 250; commissioner of roads 272. Zubly, John Joachin, slaves of exempt from working roads 265; mentioned 261. YALE UNIVERSITY LIBRARY 3 9002 01572 3142