Childsbury, South Carolina

An Act for Settling a Fair and Markets in Childsberry Town in St. John's Parish in Berkeley County

February 15, 1723

From "The Statutes at Large of South Carolina - Volume III," Pages 204-206:

WHEREAS, James Child, of Berkeley County, Planter, by his last will and testament, duly proved and recorded, and remaining of record in the Secretary's office of this Province, did give and grant five hundred acres of land for ever, as a Common, to be laid out adjoining to the town commonly called Childsberry, as also the sum of six hundred pounds, to be placed out at interest for ever, towards the maintenance and support of a Free School, to be erected and built in the said town, as also a place for holding a Market in the said town ; and whereas, the inhabitants of the said town are very much incommoded, as well for want of certain market days in each week, to be appointed for Childsberry town, in the said parish, as for want of publick fairs to be held and kept there, at least twice in every year, for exposing to sale horses, cattle and merchandize; for remedy whereof, and for the better encouraging the settling of Childsberry town, and that trade and commerce may be encouraged and encreased, we most humbly pray your most sacred Majesty that it may be enacted,

I. And be it enacted by his Excellency Francis Nicholson, Esq. Governour, by and with the advice and consent of his Majesty's honourable Council and the Assembly of this Province, That there shall be held and kept in Childsberry town aforesaid, upon every Tuesday and Saturday in the week, publick and open markets, to which markets it shall and may be lawful to and for all and every the inhabitants and sojourners of this Province to go, frequent and resort, and thither to carry all sorts of cattle, grain and victuals, provisions and othet necessaries, together with all sorts of merchandizes whatsoever, and at the publick market place already assigned and appointed for that purpose, them to expose to sale or barter, in gross or by retail, between sun-rising and sun-setting of the same days, without payment of any toll for three years, or any other let or hindrance or molestation whatsoever.

II. And be it further enacted by the authority aforesaid, That there shall be likewise held and kept in Childsberry town aforesaid, two Fairs in each year, the first Fair annually to begin and commence the third Tuesday in May, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer, and the second Fair to begin and commence the last Tuesday in October, in every year, and to end upon the Friday then next following, being in all four days inclusive, and no longer; to which Fairs it shall and may be lawful for all and every person or persons, inhabitants, strangers or sojourners of this province, to the said Fairs to go, frequent and resort, and thither to carry or cause to be carrried, all sorts of cattle, horses, mares, colts, grain, victuals, provisions and other necessaries, together with all sorts of merchandizes, of what nature soever, and them to expose to sale or barter in gross or by retail, at the time, hours and seasons that the director or rulers of the said Fairs for the time shall proclaim and appoint; which Fairs shall be holden, together with a Court of Pipowders, and with all liberties and free customs to such Fairs appertaining, or which ought or may appertain, according to the usage and customs of Fairs holden in that part of his
Majesty's realm of Great Britain called South Britain or England.

III. And for the more regular government of the said several Fairs, his Excellency the Governour or Commander in chief of this Province for the time being, is humbly desired and impowered to commissionate and appoint such person or persons as he shall think fit to be director or rulers of the said Fairs, as also a clerk of the market, which director or rulers so appointed and commissionated as aforesaid, is hereby authorized and impowered to have and hold a Court of Pipowder, together with all liberty and free custom to such appertaining ; and that they and every of them may have and hold there, at their and every of their respective courts, from day to day, and hour to hour, from time to time, upon all occasions, plaints and pleas of a Court of Pipowders, together with all summons, attachments, arrests, issues, fines, redemptions and commodities, and other rights whatsoever, to the same Court of Pipowders appertaining, without any impediment, let or hindrance whatsoever. Provided always, that the director or rulers of the Fairs aforesaid, shall publish or cause to be published within and without the liberties of the said Fairs, at the beginning of the Fair, how long that Fair shall endure, to the intent merchants and others shall not be at the said Fairs over the time so published, upon pain
of being fined for the same.

IV. And for preventing of any abuse in the aforesaid Fairs, Be it further enacted hy the authority aforesaid, That the director or rulers of the said Fairs shall yearly appoint and limit out a special and certain open place within Childsberry town aforesaid, on both or either of the publick squares, where the said Fairs shall be held and kept, where horses, mares, colts, geldings and cattle may be sold ; in which said certain and open place there shall be, by the director or rulers aforesaid, put in and appointed one sufficient person or more, to take toll, and keep the same place from nine of the clock in the morning until sun-set of every day of the aforesaid Fairs, upon pain to lose and forfeit upon every default the sum of ten pounds current money ; and that every toll-gatherer, his deputy or deputies, shall, during the time of every of the said Fairs, take the sum of two shillings and six pence, due and lawful toll, for every horse, mare, gelding or colt, or cattle, and ten shillings for every slave, and six pence for every hog, sheep and calf, sold within the said Fair between the hours of nine o'clock in the morning and sun-set of the same day, and shall have present before him or them, at the taking of the same toll, the parties of the bargain, exchange, gift, contract or putting away every such horse, mare, gelding, colt or slave, and also the same horse, mare, gelding, colt or slave so sold, exchanged or put away, and shall then write or cause to be written in a book to be kept for that purpose, the names, sirnames and dwelling places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt or other cattle, and the name or some noted description of the slave, on pain to forfeit for every default contrary to the intent hereof, the sum of fifty pounds ; and the said toll-gatherer or keeper of the said book shall, within two days after such Fair, bring and deliver his said book to the director or rulers of the said Fair, who shall then cause a note to be made of the true numbers of all horses, mares, geldings, colts, cattle or slaves sold at the said Fair, and shall there subscribe his name, upon pain to him that shall make default thereof to lose and forfeit for every default the sum of fifty pounds, and also to answer to the party grieved by reason of the same his negligence, in every behalf.

V. And be it further enacted by the authority aforesaid, That no person during the time of holdinar and keeping the said Fairs shall be liable to be taken at the said Fairs by virtue or any process, except tor treason, felony or other capital crime or breach of the peace, but shall be freed and discharged of the same, if taken and arrested at the said Fairs, by the Justices and Judges of such Courts out of which the process was issued.

VI. And he it further enacted by the authority aforesaid, That all the fines and forfeitures accruing and arising by virtue of this Act, not exceeding ten pounds, shall be recovered by warrant under the hand and seal of any one Justice of the Peace of the said county, and be disposed of, the one half to the poor of the said parish, and the other half to him or them that will prosecute for the same.

VII. And be it further enacted by the authority aforesaid, That all the fines and forfeitures accruing and arising by virtue of this Act, exceeding the sum of ten pounds, shall be disposed of in manner aforesaid, and be recovered by action of debt, bill, plaint or information, in any of his Majesty's courts of record in this Province, wherein no protection, priviledge or essoign shall be allowed.

VIII. And be it further enacted by the authority aforesaid, That this Act, nor any matter or thing: therein contained, shall take place or be in force until the twentieth day of October next, being the anniversary day of his Majesty's coronation.

JA. MOORE, Speaker.
Charlestown, Council Chamber, February 15, 1723.
Assented to by FR. NICHOLSON, Governour.



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