returnable. 18. Be it enacted, That from and after the passing of this TIT. 65. act, all writs of replevin shall be returnable immediately; and it shall be the duty of the respective sheriffs, in whose of- A. A. 1808. fices they shall be lodged, to make return thereof accordingly. Writs of re19. And be it further enacted, That from and after the pass- plevin, how ing of this act, the plaintiff or plaintiffs in all actions of reple- Plaintiff to vin, shall be bound to declare, within one month from the declare with lodgment of the writ in the sheriff's office, without any rule in one month." or notice for that purpose; and on failure of the sheriff to make return thereof within the period aforesaid, the plaintiff or plaintiff's is or are hereby authorized to substitute the same as in cases of loss; and in case the said plaintiff or plaintiffs shall not declare within the period aforesaid, the defendant or defendants shall be at liberty to enter up judgment of nonpross, and proceed as in such case is provided by law. three months 20. And be it further enacted, That all tenants, whether for Penalty on life or years, by sufferance or at will, or persons coming in tenants for under or by collusion with them, who shall hold over after the continuing in legal determination of their estates, after demand made in possession writing for delivering possession thereof by the person having after demand the reversion or remainder therein, or his agent, such tenant is made. or other person holding over for the space of three months after such demand, shall forfeit double the value of the use of the premises, recoverable by action of debt or other legal action, or by distress, as in cases of rent reserved and payable quarter yearly. 21. And be it further enacted, That in case any tenant shall Penalty on give notice in writing, of his intention to quit the premises, tenants for and shall not accordingly deliver up the possession at the time not delivering in such notice contained, the said tenant, his executors or ad- Possession according to no ministrators, shall pay to the landlord double the rent which tice. he would otherwise have been liable to pay, which shall be recoverable in manner aforesaid. 22. Provided nevertheless, That nothing herein contained, shall be construed to give such tenant a right to discontinue or determine his tenancy by such notice, in any other manner than according to the laws heretofore existing. 23. And be it further enacted, That in all cases of replevin, The security the security given by the plaintiff shall be bound and obliged, given in cases not only for the return of the goods distrained, but also in case of replevin, the said goods shall be insufficient to satisfy the rent for which how bound: the distress is made, or in case the same shall be eloigned for the full amount of the rent for which the distress shall be made, and all costs of suit which may be adjudged against the plaintiff in the action; and it shall be the duty of the sheriff executing the writ of replevin, to take bond and security according to law, for such amount as shall be sufficient to cover all such sums. * Replevin-a remedy grounded upon a distress, being a re-deliverance of the thing distrained, on security given to try the right. Co. Litt. 145. TIT. 65. Repealing clause. 24. And be it further enacted, That all laws and parts of laws, and all usages and customs repugnant thereto, be, and the same are hereby repealed. [See Title 109, Landlord and Tenant.-Title 148, Rights of the People.--Title 138, Process, § 8.-Title 146, Rent.] TIT. 66. A. A. 1706. P. L. 11, 12. St. Philip's parish. Christ TITLE 66. Districts and Parishes. 1. WHEREAS it is necessary, and for the better accommodation and conveniency of the inhabitants of this province, that the same be divided into the parishes, and the bounds of the several parishes ascertained: 2. Be it therefore enacted, That Charles-town, and the neck between Cooper and Ashley river, as far up the neck as the plantation of John Bird, gent. on Cooper river inclusive, and the plantation of Christopher Smith, Esq. on Ashley river inclusive, is and shall for ever be a distinct parish of itself, and be called by the name of the parish of St. Philip, in Charlestowne 3. And Berkly county shall be divided into six more parishes besides Charles-town, that is to say, one upon the southeast of Wando river, which shall be called by the name of the parish of Christ Church; one upon that neck of land lying on the north-west of Wando, and south-east of Cooper river, St. Thomas's. which shall be called by the name of St. Thomas's; one upon the western branch of Cooper river, which shall be called by the name of St. John's; one upon Goose creek, which shall be called by the name of St. James' Goose creek; one upon Ashley river, which shall be called by the name of St. Andrew's; and one in the Orange quarter, for the use of the French settlement there, which shall be called by the name of the parish of St. Dennis. St. John's. Goose creek. St. Dennis's. St. Paul's. mew's. St. James' 4. And Colleton county shall be divided into two parishes, that is to say, one on the south side of Stono river, to extend to the north side of South Edisto, which shall be called by the name of St. Paul's; and the other on the north of St. Helen's, which shall be called by the name of St. Bartholomew's. 5. And one parish shall be erected in Craven county, in that part of it which is commonly known by the name of the French settlement on Santee river, and the church which is now built in James-town in the said settlement, or any new church hereafter to be built or erected in the said place instead thereof, is hereby made, enacted and declared to be the parish church of St. James on Santee river, and shall be and continue so for ever, in all things as the other parishes erected in this province are or ought to be. 6. Whereas by an act of assembly of this province, duly rati- TIT. 66. fied in open assembly, the 30th day of November, in the year of our Lord 1706, entitled, "An act for the establishment of A. A. 1708. religious worship in this province," &c. among other things it P. L. 13. was enacted, that Berkley county shall be divided into six more parishes, besides Charles-town; that is to say, one upon the south-east of Wando river, which shall be called by the name of Christ church; one upon the neck of land lying on the north-west of Wando, and south-east of Cooper river, which shall be called by the name of St. Thomas's; one upon the western branch of Cooper river, which shall be called by the name of St. John's; one upon Goose creek, which shall be called by the name of St. James' Goose creek; one upon Ashley river, which shall be called by the name of St. Andrew's; and one in the Orange quarter, for the use of the French settlement there, which shall be called by the name of the parish of St. Dennis. And also, that Colleton county shall be divided into two parishes; that is to say, one on the south side of Stono river, to extend to the north side of South Edisto, which shall be called by the name of St. Paul's; and the other on the north side of St. Helen's, which shall be called by the name of St. Bartholomew's. And also, that one parish shall be erected in Craven county, in that part of it which is called by the name of St. James' on Santee river: as by the said recited act, reference being thereunto had, will more fully appear. But in the said recited act, the limits and bounds of the said several parishes are not particularly expressed, whereby differences, disputes and contentions have already risen, and more hereafter arise, concerning the same: may 7. For the prevention of which evils and inconveniencies, Limits of Be it enacted, that the above mentioned parish, on the south- Christ Church east part of Wando river, called the parish of Christ Church, parish. shall be, and is hereby bounded to the north-east by a large creek, or river, commonly called Awindaw creek, or Seawee river, being the bounds of Craven county, to the south-east by the sea, to the west by Wando river, and to the north-west, partly by the said river, and partly by a line drawn from the cowpen of captain Robert Daniel, or the swamp of the head of Wando river exclusive, to the cowpen of Joseph Wigfal, on the head of the said Awindaw creek or Seawee river inclusive. 8. And the said parishes on the neck of land lying on the Of St.Thomas" north-west of Wando, and south-east of Cooper river, called St. St. Dennis. Thomas and St. Dennis, shall be and is hereby bounded, to the north-east by the bounds of Craven county; to the south by the bounds of Christ Church parish and Wando river; to the west by Cooper river; to that tract of land, commonly called the Hagin inclusive, and to the north by the eastern branch of the said Cooper river, to the plantation of the right honourable sir Nathaniel Johnson, knight, governor, exclusive, and then, by an east line from the northernmost part of the said plantation to the bounds of Craven county. 9. And the said parish on the western branch of Cooper ri- Of St. John's. ver, called St. John's, shall be, and is hereby bounded to the north-east by the bounds of Craven county, to the south by TIT. 66. the bounds of the said parishes of St. Thomas and St. Dennis, and by the eastern branch of Cooper river, then down A. A. 1708. Cooper river to the mouth of the Back river to the south P. L. 13. Of St. James' Of St. Andrew's. west, partly by the said Back river, to the plantation of David Durham inclusive, and partly by a north-west line from the west part of the said Durham's plantation, to the northwest bound of Berkley county, and to the north-east by the said bounds of the said county. 10. And that the said parish upon Goose creek, called St. James' Goose-creek, shall be, and is hereby bounded, to the north-east by the bounds of St. John's parish aforesaid, and to the Back river to the east, by Cooper river to the bounds of the parish of St. Philip's Charles-town, to the south by the bounds of the said St. Philip's, and to the south-west by a north-west line, from the northernmost corner of the plantation or tract of land formerly belonging to Mr. Christopher Smith, deceased, the bounds of St. Philip's parish unto the north-west bounds of Berkly county, and to the north-west by the said bounds of the said county. 11. And the said parish upon Ashley river, called St. Andrew's, shall be, and is hereby bounded to the north-east by the said north-west line from the north bounds of the plantation of the said Christopher Smith aforesaid, to the north-west bounds of Berkly county the bounds of the said parish of St. James Goose-creek, to the south-east by the sea, to the southwest by Stono river, and to the bounds of Colleton county, and to the north-west, by the north-west bounds of Berkley county. 12. And the said parish in Colleton county, on the south Of St. Paul's side of Stono river, to extend to the north side of South Edisto, called St. Paul's, shall be, and is hereby bounded to the northeast by the said Stono river, and the bounds of Berkley county, to the south-east by the sea, and to the west by South Edisto river. And that other parish in the said Colleton county, on the north side of St. Helen's called St. Bartholomew's, shall, and is hereby bounded to the east by the said South Edisto Of St. Bartho- river, to the south-east by the sea, to the north-west by St. Hellena sound, Combahee river, and the bounds of Granville county, and to the north-west by the north-west bounds of Colleton county. lomew's. Of St. James' A. A. 1712. 13. And the said parish in Craven county, called St. James, Santee, shall be and is hereby bounded to the north-east by Santee river, to the south-east by the sea, and to the southwest by Berkley county. 14. Whereas several persons are settled to the southward P. L. 17, 18. of Colleton county on Port-Royal island, St. Helena's isl and, and on several adjacent islands, which together are commonly called by the name of Granville county, which persons are not only out of the bounds, but are also so far distant from either of the parishes in Colleton county, that they can receive no benefit by any of those churches, and several of the said inhabitants being desirous to have divine worship established among them, according to the church of England, are willing to contribute towards the building a church, and afterwards for the building a rector's or minister's house, without any charge to the public, provided that the said Granville county, may be erected into a parish, and the rector or minister of the said parish, may have the same salary paid him out of the public treasury, as is given to other rectors or ministers of the other country parishes belonging to this province. TIT. 66. 15. Therefore for the gratifying so reasonable a request and desire of the said inhabitants, and for the promoting the knowledge of the Christian religion, as professed in the church of England, and the worship of God in all parts of this province, that so no persons, inhabitants thereof, may be destitute of enjoying the ordinances of God, appointed for their salvation, Be it further enacted by the authority aforesaid, Parish of St. That the said Granville county shall be and is hereby declared, Helena erectto be from henceforth for ever, a distinct parish by itself, and ed, and the it shall be called by the name of St. Helena's, and the said pa- thereof decla rish shall be, and is hereby bounded to the north-east by Com- red. bahee river and St. Helena sound, to the north-west by a line drawn from the head of Combahee river to the Savano river, and to the south-east on the ocean. boundaries 16. Whereas the inhabitants of the upper part of the parish A. A. 1717. of St. Andrew's on Ashley river in Berkley county, are at so P. L. 108, great a distance from the parish church that they receive small or no benefit by the same, whereby they are deprived of the public worship of God therein performed, and several of the said inhabitants being desirous to have divine worship established amongst them according to the church of England, are willing to contribute towards building a church, and a rector's or minister's house, provided that the said upper part of the parish of St. Andrew may be erected into a separate parish, distinct from the said parish of St. Andrew, and a rector or minister of the said parish may have the same salary paid him out of the public treasury, as is given to the rectors or ministers of the other country parishes of this province; be a distinct 17. Therefore for the gratifying so reasonable a request and desire of the said inhabitants, and for the promoting the knowledge of the Christian religion as professed in the church of England, and the worship of God in all parts of this province, that so no persons inhabitants thereof may be destitute of enjoying the ordinances of God, appointed for their salvation, Be it enacted, That the said upper part of the parish of St. The upper Andrew on Ashley river, in Berkley county, shall be and part of the is hereby declared to be from henceforth for ever, a distinct parish of St. parish by itself, separate from the lower part of the parish of Andrew to St. Andrew, and shall be called by the name of St. George's, parish by the and the said parish shall be and is hereby bounded to the south-east by the plantation of Mr. Beadon inclusive, and George's. from thence by a west line to the bounds of Colleton county, Boundaries and also by another straight line from the said Beadon's to thereof. the plantation of the late William Rowsam deceased where Mr. Robert Dews now lives, inclusive, and from the said plantation of the said Rowsam deceased, by an east line until it touches the bounds of the parish of St. James Goose-creek, and on all other parts by the same bounds the said parish of St. Andrew was formerly bounded. 18. Whereas the lines of St. George's parish as they were name of St. |