TIT. 160. all and every person and persons whatsoever, shall on every Lord's day apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and A. A. 1712. true religion, publicly and privately, and having no reasona- P. L. 19. ble or lawful excuse on every Lord's day shall resort to their parish church, or some other parish church, or some meeting or assembly of religious worship, tolerated and allowed by the laws of this province, and shall there abide orderly and soberly during the time of prayer and preaching, on pain and forfeiture, for every neglect, of the sum of five shillings current money of this province. 2. That no tradesman, artificer, workman, labourer or other No worldly person whatsoever, shall do or exercise any worldly labour, business to be business or work of their ordinary callings upon the Lord's done, &c. day, or any parts thereof (works of necessity or charity only excepted), and that every person being of the age of fifteen years or upwards, offending in the premises, shall for every such offence forfeit the sum of five shillings. 5. And that no person or persons whatsoever shall publicly cry, shew forth or expose to sale any wares, merchandizes, fruit, herbs, goods or chattels whatsoever, upon the Lord's day, or any part thereof, that upon pain that every person so offending shall forfeit the same goods so cried, or shewed forth or exposed to sale. 4. No drover, waggoner, butcher, higgler, they or any of Not to travel. their servants, or any other traveller or person whatsoever, shall travel on the Lord's day by land, neither shall any person or persons whatsoever, travel on the Lord's day by water in any barge, lighter, wherry, boat, canoe or pettiaugua, excepting it be to go to the place of religious worship and to return again, or to visit or relieve any sick person, or unless the person or persons were belated the night before, and then to travel no further than to some convenient inn or place of shelter for that day, or upon some extraordinary occasion, for which he, she or they shall be allowed to travel under the hand of some justice of peace of this province. 5. No public sports or pastimes, as bear-baiting, bull-baiting, Sports, pastfoot-ball playing, horse-racing, interludes or common plays, times, &c. foror other unlawful games, exercises, sports or pastimes what- bidden. soever, shall be used on the Lord's day by any person or persons whatsoever; and every person or persons offending in any of the premises shall forfeit for every offence, the sum of five shillings current money. 6. No vintner, innholder, or other person keeping any pub- Drinking, &c. lic house of entertainment, shall entertain or suffer any person or persons whatsoever, excepting strangers or lodgers in such houses, to abide or remain in their houses or out-houses, yards, or orchard or fields, drinking or idly spending their time on the Lord's day, upon the pains and penalties of five shillings for every person offending, payable by themselves, respectively, that shall be found so drinking or abiding in any such public house or dependencies thereof as aforesaid, and the like sum of five shillings to be paid by the keeper of such house for every person entertained by them. M m VOL. II. 7. And for the better keeping of good order on the Lord's day, the church-wardens and constables of Charlestown, or any one or more of them, shall once in the forenoon and once in the afternoon, in the time of divine service, walk through the said town, to observe, suppress and apprehend all offenders whatsoever, contrary to the true intent and meaning of this act, and they shall have power, and are hereby authorized and empowered, to enter into any public house, or suspected houses, to search for any such offenders, and in case they are denied entrance, shall have power, and are hereby authorized and empowered to break open, or cause to be broke open, any of the doors of the said house, and enter therein; and all sons whatsoever are strictly commanded and required to be aiding and assisting to any constables or other officers in their execution of this act, on the penalty of ten shillings current money for every neglect. [See Charleston, Vol. S.] per 8. If any master, mistress or overseer shall command, and cause and encourage any servant, slave or slaves to work on the Lord's day, he, she or they shall forfeit for every such offence the sum of five shillings, current money. 9. For the better execution of all and every the foregoing orders, every justice of the peace within his county, shall have power and authority to convene before him any person or persons whatsoever, who shall offend in any of the particulars before mentioned, and upon his own view, or confession of the party, or proof of any one or more witnesses, upon oath, which the said justices are by this act authorized to administer, the said justice or justices shall give a warrant under his or their hands and seals, to the constables or churchwardens, or either or any of them, of the parish or parishes where such offence shall be committed, to seize the said goods cried, shewed forth, or put to sale as aforesaid, and to sell the same; and as to the other penalties and forfeitures, to impose the fine and penalty for the same, and to levy the said forfeitures and penalties by way of distress and sale of the goods of every such offender, returning the overplus (if any be) after reasonable charges allowed, for the distress and sale, and in default of such distress, or in case of insufficiency or inability of the said offender to pay the said forfeiture or penalties, that then the party offending be set publicly in the stocks for the space of two hours. 10. And all and singular the forfeitures or penalties aforesaid, shall be employed and converted to the use of the poor of the parish where the said offences shall be committed, and to be delivered into the hands of the overseers of the poor for that end, saving only that it shall and may be lawful to and for any such justice or justices, out of the said forfeitures or penalties, to reward any person or persons that shall inform of any offence against this act, according to his or their directions, so as that such reward exceed not the third part of the forfeitures or penalties. 11. Provided, That nothing in this act contained shall extend to the prohibiting of dressing of meat in families, or dressing or selling of meat in inns, victualling-houses or other public houses, for such as cannot be otherwise provided; nor to the buying and selling of milk before nine of the clock in the morning, or after four of the clock in the afternoon. TIT.160. A. A. 1712. 12. Provided also, That no person nor persons shall be im- P. L. 20. peached, prosecuted or molested for any offence before mentioned in this act, unless he or they be prosecuted for the same within ten days after the offence committed. 13. If any action, suit or information shall be commenced P. L. 21. against any person or persons for what he or they shall do in Persons sued pursuance or execution of this act, such person or persons so may plead the sued, may plead the general issue not guilty, and upon issue general issue. joined give this act and the special matter in evidence, and if the plaintiff or prosecutor shall become non-suit, or suffer discontinuance, or if a verdict pass against him, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy, as in any case where costs by law are given to the defendant. P. L. 168. 14. If any person in this province, shall on the Lord's day, A. A 1740. commonly called Sunday, employ any slave in any work or Slaves not to labour (works of absolute necessity, and the necessary occa- work on that sions of the family only excepted) every person in such case day. offending, shall forfeit the sum of five pounds, current money, for every slave they shall so work or labour. [See Title 138, Process.] TITLE 161. Survepor-General.* TIT. 161. 1. THE surveyor-general shall enter into bond for the faithful discharge of his duty, with two good and sufficient securities, in the same sum, payable in the same manner, and A. A. 1784. shall also take and subscribe the same oath, or affirmation, be- P. L. 335-6. fore the secretary of this state, in the presence of his excel- Shall enter inlency, the governor, as is herein before prescribed to be en- take an oath. tered into and taken by the several commissioners of locations to be appointed as aforesaid; which bond and oath, or affirmation, shall be thenceforth recorded in the secretary's office. to bond and district. 2. The surveyor-general shall have full power and authori- To appoint ty to appoint such and so many deputy-surveyors in each of deputy-surthe said districts, as he may judge sufficient, not exceeding veyors in each six for each district, for executing all such warrants of survey as shall be to them directed by the respective commissioners of locations, for whose conduct in office the said surveyorgeneral shall be responsible both to the state and to the par See Title 139, Public Officers. Title 108, Lands, TIT. 161. A. A. 1784. Fees to be paid to the surveyor-gen eral. During his holding such office not to hold any othér. A. A. 1785. To grant war- Power to appoint depu ties. His office to state-house. ty grieved, any thing herein contained to the contrary notwithstanding. [Altered in part; see within, § 6.] 3. The following fees, and no other, shall be demanded by the surveyor-general, who shall make out a table of the same, and keep posted up in some conspicuous part of his office; and if he shall demand or receive any greater or other fees than are allowed by this act, he shall be liable to an indictment for extortion, and on conviction thereof shall pay a fine of one hundred pounds sterling, one half to be paid to the prosecutor, and the other to the treasurers for the time being, for the use of this state. 4. The said surveyor-general hereby to be appointed, shall not, during the time he is in office, on any pretence whatever, hold any other place or office of emolument, under the United States in Congress assembled, or under the legislature of this state. 5. Warrants for lands in Charleston district, shall be granted by, and returned to the surveyor-general, in like manner as warrants for land in the other districts are granted by, and returned to the commissioners of locations in the said districts respectively. 6. Grants shall be signed by the governor on the first Monday in every month. The surveyor-general may appoint as many deputy-surveyors as he shall think proper, in each district; and which said deputy-surveyors shall be confined to locate any warrant of survey to the respective districts of which they are or may be appointed, and no other. 7. The surveyor-general's office shall be kept in some conbe kept in the venient part of the state-house, and the surveyor-general shall be entitled to the same fees for business done by him, with respect to land in Charleston district, as the commissioners of locations are entitled to for business done by them with respect to land in the other districts; and the same allowance of land be given to the cavalry as was given to the infantry of this state. [See Title 154, Selling Offices.-Title 108, Lands.-Title 77, Fees and Salaries.] TITLE 162. Tares—Tar-Collectors. TIT. 162. collectors. 1. BE it enacted, That every assessor and collector appointed by any tax act which may hereafter be passed for raising supplies for the support of government of this state, shall, A. A. 1788. before he enters upon the execution of his said office, take the P. L. 435. following oath before some justice of the peace:-"I, A. B. Oath of tax, do solemnly promise and swear, that I will, to the best of my knowledge, skill and judgment, ascertain the several qualities of the lands lying and being within the where I am appointed assessor, and where no return of the qualities of the same shall have been made, and that I will not for any fee or reward, favour, partiality, self-interest, malice, or hatred, in favour of or against any person or persons whatsoever, assign any other quality to such lands, than in truth and good conscience they appear to me to deserve, and that I will impartially assess all other property and professions by laiv directed to be assessed, to the best of my judgment, according to the true intent and meaning thereof. So help me God." 2. And if any assessor shall presume to execute the said Penalty for office without having taken the said oath, such assessor shall acting withforfeit and pay the sum of fifty pounds, to be recovered by out taking the any person who shall inform and sue for the same, by action of debt in the court of common pleas. oath. al estates in 3. That enquirers, assessors and collectors of the parishes Enquirers, of St. Philip and St. Michael, or any one or more of them, &c. to take an are hereby ordered and directed, on or before the first Mon- account of reday in September next, and on or before the first Monday in al and personSeptember of each and every year thereafter, to go once to the parishes the several houses of the inhabitants of the said parishes, of of St. Philip which they shall give previous notice in the gazette three and St. Miweeks before they shall go to the said houses, and enquire in- chael. to and take an account of all the real estates, and particularly in what parts of the said parishes the lands are situated, and of the slaves and other taxable property of the inhabitants which they shall be possessed of, interested in, or entitled unto, in their own right, or in the right of any other person whatsoever; and the enquirers in the other parishes and Enquirers of counties shall fix on convenient places to receive returns and other parishpayments, of which places they shall give at least three weeks es to fix on public notice, at three several times, and three several public ceive returns. places, and that no person be obliged to attend them more than fifteen miles distance from his house. places to re 4. That the assessors respectively appointed in the parish- Assessors for es of St. Philip and St. Michael shall complete their calcula- Charleston to complete tions of the value of estates in the said parishes on or before their calcula the first day of November, and within seven days after, they tions by firs: shall cause a duplicate thereof to be posted at the exchange at November. |