Acts on the Parishes of South Carolina

An Act for Dividing the Parish of St. Philip's, Charlestown, and for Establishing Another Parish in the Said Town, by the Name of the Parish of St. Michael's; and for Appointing Commissioners for the Building of a Church and a Parsonage House in the Said Parish; and Appointing One Member More to Represent the Inhabitants of the Said Town in the General Assembly of this Province; and for Ascertaining the Number of Members to Represent the Inhabitants of the Said Parishes, Respectively, in the Said Assembly; and Providing an Addition to the Salary of the Present Rector of the Parish of St. Philip's, During His Incumbency.

June 14, 1751

The Statutes at Large of South Carolina - Volume VII, Pages 79-84

WHEREAS, the inhabitants of the parish of St. Philip's, Charlestown, are become so numerous (and being daily increasing) that it is absolutely necessary to divide the said parish; and the present church being insufficient for accommodating the said inhabitants, many familys (professors of the church of England) in the said town, are deprived of the benefit of attending at divine service, for want of seats in the said church; for remedying which evil, we humbly pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by his Excellency James Glen, Esquire, Governor-in-chief and Captain-General in and over the Province of South Carohna, by and with the advice and consent of his Majesty's Honorable Council and the Assembly of the said Province, and by the authority of the same, That the parish of St. Philip's, Charlestown, shall be divided in the following manner, (that is to say:) All that part of Charlestown situate and being to the southward of the middle of Broad Street, in the said town, shall be, and is hereby declared to be, a distinct parish by itself, separate from the other part of the parish of St. Philip's, and shall hereafter be called and known by the name of the parish of Saint Michael's; any thing contained in the Act passed the thirtieth day of November, one thousand seven hundred and six, entitled "An Act for the estabhshment of religious worship in this Province, according to the church of England, and for the erecting of churches for the pubhc worship of God, and also for the maintenance of ministers, and the building convenient houses for them," notwithstanding.

II. And be it further enacted by the authority aforesaid, That the church of the said parish of St. Michael's shall be built on or near the place where the old church of the parish of St. Philip's, Charlestown, formerly stood; and the parsonage house of the said parish shall be built on that part of the old church yard which is fronting Meeting Street, and next adjoining the land belonging to the heirs of John Wright, deceased, in such manner as the commissioners hereinafter named, or the major part of them, shall order, direct and appoint; and the inhabitants of the said parish of St. Michael's shall and may have and enjoy all the rights, privileges and immunitys that the inhabitants of the parish of Prince William's, and the parish of St. Peter's, or of any other parish in this Province, doth or can have, hold or enjoy, by any law, usage or custom whatever.

III. And be it also enacted, That the rector or minister of the said parish of Saint Michael's, shall be elected and chosen in the same manner as the rectors or ministers of the several other parishes in this Province are elected and chosen, and shall have yearly paid him the sum of one hundred and fifty pounds, proclamation money, as a salary, out of the fund appropriated, or to be appropriated, for payment of the salarys of the clergy in this Province; and the public treasurer of this Province for the time being is hereby authorized, impowered and required, to pay the same, under the like penaltys and forfeitures as for not paying the salarys due to the other rectors and ministers of the several other parishes in this Province; and the said rector or minister of the parish of Saint Michael's shall have and enjoy all and every such privileges and advantages, and shall also be under such rules, laws and restrictions, as the rectors or ministers of the other parishes in this Province have and enjoy, or are subject and liable unto.

IV. And be it also enacted by the authority aforesaid, That the Honorable Charles Pinckney, Alexander Vander Bussen, Edward Fenwicke, Wm. Bull, Junior, Esquires, Andrew Rutledge, Isaac Mazyck, Benjamin Smith, Jordan Roche and James Irving, Esquires, be, and they are hereby appointed, commissioners or supervisors for the building of the church and pews and the parsonage house in the said parish of Saint Michael's; and they, or the major part of them, are hereby fully authorized and impowered to take subscriptions, and to receive, gather, collect and sue for all such sum and sums of money as any pious and well disposed person or persons shall give and contribute for the purposes aforesaid; and in case of the death, absence or refusing to act, of any of the said commissioners, the Governor or Commander-in-chief for the time being shall and may nominate and appoint another person or persons to be commissioner or commissioners, in the room or place of such so dead, absent or refusing to act, as to him shall seem meet; and the person or persons so to be nominated and appointed, shall have the same powers and authority for putting this Act in execution, to all intents and purposes, as the commissioners herein named.

V. And be it further enacted by the authority aforesaid, That the said commissioners or supervisors, or the major part of them, with the moneys to be collected by the contributions as aforesaid, and in case such contributions shall not be sufficient, then with the moneys hereinafter provided for that purpose, shall have power, and they are hereby authorized, impowered and required, within two years from the time of passing this Act, or as soon after as conveniently maybe, to build the said church, with a steeple to the same, and also to procure a ring of bells, of such number, weight and bigness as they shall think fitting, and also to build the said parsonage house.

VI. And be it also enacted by the authority aforesaid, That in case the said contributions shall not be sufficient to defray the expence of building and finishing the said church and parsonage house, then there shall be paid out of the public treasury of this Province, (to wit,) of the moneys arising by the dutys imposed or hereafter to be imposed upon goods, wares and merchandize imported from his Majesty s plantations or colonys in America, and upon goods, wares and merchandize exported from this Province, the sum of one tiiousand and seven hundred pounds, current money, per annum, until the whole expence of building and finishing the said church, steeple, and parsonage house, and ring of bells, shall be fully satisfied and discharged: Provided always nevertheless, that the said money, so to be annually paid out of the public treasury for the purposes aforesaid, shall not in the whole exceed the sum of seventeen thousand pounds.

VII. And to the intent that so pious and necessary a work may not be retarded, Be it further enacted by the authority aforesaid, That for a supply of moneys, if needful, for carrying on the said buildings, the said commissioners, or the major part of them, shall, from time to time, as the occasion may require, make application to his Excellency the Governor, or the Commander-in-chief for the time being, who is hereby desired and impowered, upon such application, with the advice of Council, to issue his warrant upon the public treasurer for the time being, for the payment of so much money to the said commissioners as may be wanted, until the said sum of seventeen thousand pounds shall be fully paid out; with directions in the said warrants respectively, that if there shall be no moneys in the treasury of the fund hereby appropriated to answer such warrant, and any person or persons shall be willing to supply any materials for, or to do the workmanship of the said buildings, and be content to wait for payment till the said fund shall be in cash to discharge the same, then and in such case the said public treasurer shall give a certificate or certificates to the person or persons employed by the said commissioners, or furnishing any materials for the said buildings, for the sum or sums to them respectively due, or for so much thereof as the said person or persons shall require, (but not for less than ten pounds in one certificate;) and the said treasurer, from time to time, as soon as any moneys of the dutys hereby appropriated shall come into his hands, shall, and he is hereby enjoined and required to, give public notice thereof by advertisements posted up in the most conspicuous
places in Charlestown, and requiring the persons possessed of such certificates to bring in the same to be paid off and discharged; and the said treasurer shall forthwith cancel the said certificates.

VIII. And be lt further enacted by the authority aforesaid, That the said sum of one thousand and seven hundred pounds per annum, to be paid out of the public treasury as aforesaid, shall be employed, made use of, and expended in building and finishing the said church, steeple and parsonage house, and procuring a ring of bells, as aforesaid, and to and for no other use or uses whatsoever.

IX. And be it enacted by the authority aforesaid, That the pews in the said church shall be erected by the direction and appointment of the said commissioners, or the major part of them; and that a commodious pew be set up therein for the use of the Governor or Commander-in-chief and the Council for the time being, and likewise two large pews for the members of the Assembly, and one other large pew for strangers who shall go to the said church, in such places and of such dimensions as the said commissioners, or the major part of them, shall think fit; and that the other pews, which are hereby required to be made as equal in space as can be, shall be disposed of in the manner following, (that is to say,) the persons who shall have contributed most toward the building of the said church shall be intitled to and have the first choice of the pews in the same, and in cases where it shall happen that several persons have contributed alike, such persons shall draw lots for the choice.

X. And be it further enacted by the authority aforesaid, That the said commissioners, or the major part of them, shall be, and they are hereby, fully authorized and impowered, by an instrument in writing, to be drawn up and executed for that purpose, to lease, set or let the said pews to the said persons respectively, their several and respective executors, administrators and assigns, for and during the term of ninety-nine years, which the said persons, their executors, administrators and assigns, shall and may lawfully possess, occuppy and enjoy accordingly, provided they pay such rent for the said pews as the said commissioners shall think reasonable to reserve thereon; and the said commissioners, or the major part of them, are hereby impowered to ascertain the rent to be paid for the said pews respectively, according to their situation; provided, that the rent for any one pew shall not exceed the sum of twenty shillings proclamation money, per annum, which rent shall be paid annually to the church-wardens and vestry of the said parish of Saint Michael's, for the time being, and shall be, and is hereby, applied for and towards keeping the said church in repair, and ornamenting the same, in such manner as the church-wardens and vestry of the said parish shall from time to time direct and appoint.

XI. And be it further enacted by the authority aforesaid, That at the end and expiration of the said term of ninety-nine years, it shall and may be lawful to and for the church-wardens and vestry of the said parish of Saint Michael's, for the time being, to lease, set or let the said pews, to such persons, for such term, not exceeding ten years, and under such rent, as they shall think fit: Provided always, that the persons in possession, being descendants or assignees of the original lessee of the said pews, at the end of the said term, shall have the preference of a renewal of the like term of ninety-nine years, at the rent reserved by the original lease, upon paying a fine of five pounds proclamation money, for the use of the said church, as aforesaid.

XII. And be it also enacted, That in case any lessee or lessees of any pew or pews in the said church, his, her, or their executors, administrators, or assigns, shall neglect or refuse to pay such rent for the same as shall be reserved thereon, by the space of nine months after such rent shall become due, and actual notice thereof given by the church-wardens, then it shall and may be lawful for the said church-wardens and vestry for the time being, to sell and dispose of the remainder of the term unexpired of such lease or leases, to any other person or persons willing to purchase the same and pay the rent reserved thereon; and the moneys arising by the sale of such lease or leases, shall be, and is hereby, applied to the use of the said church, in manner aforesaid.

XIII. And be it further enacted by the authority aforesaid, That no person whosoever, owning or having the possession of a pew in the Church of St. Philip's, Charlestown, shall be permitted to have a pew in the Church of St. Michael's parish, unless such person shall be owner of a house in each parish, until he or she shall have disposed of such pew in the Church of St. Philip's; any thing hereinbefore contained to the contrary notwithstanding.

XIV. Atid be lt further enacted by the authority aforesaid, That it shall and may be lawful for the inhabitants of either of the said parishes to bury their dead in the church-yard of the other parish; any usage or custom to the contrary notwithstanding.

XV. And be it also enacted, That the poor of the parish of St. Philip's, Charlestown, and the poor of the parish of St. Michael's, shall be maintained and supported jointly, at the expense of the inhabitants of both the said parishes; and that all donations which have been heretofore given for the use of the poor of the parish of St. Philip's, Charlestown, shall be, and are hereby, applied to the use of the poor of both parishes, in the same manner as hath been heretofore used; and that the church-wardens and vestry of the parish of St. Philip's, Charlestown, shall have power, and they are hereby fully authorized and impowered, to rate, assess, collect and levy all such sum and sums of money as shall from time to time be wanted, for defraying the expense of maintaining and supporting the poor of the said parishes, as well upon the inhabitants of the parish of St. Michael's, as upon the inhabitants of the parish of St. Philip's, equally and impartially, and in like manner as they have heretofore done.

XVI. And to prevent any disputes that may hereafter happen or arise between the said parishes, concerning the choosing and sending their Representatives to the General Assembly of this Province, Be it enacted by the authority aforesaid, That after the said church shall be built, and a minister settled in and for the said parish of St. Michael's, the inhabitants of the said parish of St. Philip's shall choose and send three members of Assembly, and no more, and the inhabitants of the said parish of St. Michael's shall choose and send three members of Assembly, and no more; any thing contained in the Act entitled "An Act to ascertain the manner and form of electing members to represent the inhabitants of this Province, in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing or being chosen members of the said House," to the contrary thereof in any wise notwithstanding; and that writs for the electing of members to serve in the General Assembly for each of the said parishes, shall be issued in the same manner and at the same times as for the several other parishes in this
Province, pursuant to the directions of the said recited Act.

XVII. And forasmuch as the dividing of the parish of St. Philip's, Charlestown, will at present be some diminution of the perquisites of the Reverend Mr. Alexander Garden, the present rector of the said parish; Be it therefore enacted by the authority aforesaid, That the said Mr. Alexander Garden, the present rector of the said parish, so long as he shall continue to officiate, and no longer, and to none other, shall be allowed and paid (from and immediately after a minister shall be appointed for and perform divine service in the church of the parish of St. Michael's) the sum of forty pounds proclamation money, over and above his present salary, as a recompence for such diminution of his perquisites; which sum, the public treasurer for the time being, is hereby required to pay, out of the same fund and in like manner as the salarys to the other clergy in this Province are paid.

XVIII. And whereas, by reason of dividing the parish St. Philip's, Charlestown, disputes may arise concerning the execution of certain Acts of the General Assembly, which have been heretofore passed, providing several regulations (with respect to the markets, streets, high-roads and other matters,) for the convenience and benefit of the inhabitants of the said parish, and the port and harbor of the said Town. For prevention whereof, it is hereby further enacted and declared, That it is not the intention of this Act to abrogate or make any alteration in any of the said Act or Acts, other than in such instances as are herein particularly mentioned and expressed. But that all and every such Act and Acts should operate and take effect, to all intents, constructions and purposes whatsoever, in the same manner as if this Act had never been made; any thing hereinbefore contained notwithstanding.

XIX. And be it further enacted, by the authority aforesaid, That the said commissioners shall be, and they are hereby, required to lay a full, true and perfect accompt of all their receipts, collections, payments and
disbursements, for and concerning the said church and parsonage house, before the General Assembly, as often as they shall be thereunto required by the Governor or Commander-in-chief for the time being, or either House of Assembly.

In the Council Chamber, the 14th day of June, 1751.

ANDREW RUTLEDGE, Speaker.
Assented to: JAMES GLEN.



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