A. D. 1761. from any officer (other than as aforesaid,) shall quit the said service, shall be reputed and punished as a deserter. Counterfeiting public orders or money bills made felony. or persons XV. And be it also enacted by the authority aforesaid, That any person persons who shall counterfeit, raze or alter any of the public orders issued by virtue of this Act, or shall offer them in payment, knowing the same to be counterfeited, razed or altered; and every person and who shall assist, abet or procure the counterfeiting, razing or altering such orders, being thereof duly convicted, are hereby declared and deemed guilty of felony, and shall suffer death as felons without the benefit of the clergy. B. SMITH, Speaker. In the Council Chamber, the 20th day of August, 1760. Assented to: WILLIAM BULL. No. 900. THE AN ORDINANCE TO AUTHORIZE THE IMPRESSING, REGULATING WHEREAS, his Majesty's service and the security of this Province require the march of a number of regular forces, sent to our assistance by his Excellency General Amherst, to prosecute the war against and punish the Cherokee Indians for the many murders committed by them upon his Preamble. Majesty's subjects, which service will be greatly retarded if power is not given to procure a sufficient supply of waggons, carts, horses and drivers, to be employed in carrying provisions and other necessaries for that purpose; and that no exorbitant demands may be made by the owners thereof, but that a just and reasonable rate may be fixed, whereby they may be induced the more readily to contribute their utmost toward forwarding the present necessary service, Warrants may be issued to gons, &c. I. Be it ordained, by the Honorable William Bull, Esq., Lieutenant Governor, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of this Province, and by the authority of the same, That it shall and may be lawful for the Governor, Lieutenant Governor, or Commander-in-chief of this Province for the time impress wag- being, to issue a warrant or warrants to any field officer of his Majesty's regular forces that now are or shall be engaged in the service of this Province, or to the commissary general of this Province, impowering him or them, by writing under his or their hand, to give orders to such persons as he or they shall appoint, to impress so many waggons, carts, horses and Remuneration drivers, as by such order shall be directed. And the persons from whom to be paid. any waggons, carts, horses or drivers shall be impressed as aforesaid, shall be entitled to and receive accordingly, either weekly, monthly, or at the expiration of their said service, at their option, from the Commander-in chief of his Majesty's forces, employed in the said service, the sum of four pounds ten shillings current money, by the day, for every waggon with five horses and a driver, capable of carrying twenty hundred weight, and a greater weight no waggon shall be liable to carry, (the said driver receiving his own subsistence from his Majesty, but maintaining his horses himself); and every cart shall be paid for in the same manner, in proportion to the weight they shall respectively be capable of carrying; the said daily pay to commence from the time of impress, and A.D. 1761. to be continued until the said waggons, carts horses and drivers shall or might return to the place from whence the same were taken. oath. II. And be it further ordained, That every waggon, cart and horse shall be valued and appraised upon oath by two indifferent persons, one to be chosen on the behalf of his Majesty, and one on the part of the owner, Wagons, carts, before the same shall be employed as aforesaid; and if the said persons &c. to be apshall differ in judgment as to the value, they shall fix upon a third person praised on to join them, by the majority of whom the value shall be ascertained; which oath the person producing such order is hereby authorized and impowered to administer, and who shall give a certificate of such appraised value to the said owner. And in case the said waggons or carts shall be destroyed or taken, or the said horses be killed or taken by the enemy, the said appraised value shall be paid to the respective owner thereof, by the Commander-in-chief of his Majesty's forces employed in the said service. this ordinance. III. And be it further ordained, That this ordinance shall be and con- Limitation of tinue in force till the first day of January next, and no longer. In the Commons House of Assembly, the 24th day of January, 1761. In the Upper House of Assembly, the 24th day of January, 1761. OTHNIEL BEALE. Assented to: WILLIAM BULL. In the Council Chamber, the 24th day of January, 1761. AN ACT FOR THE CONTINUING, MEETING AND SITTING OF THE GENERAL No. 901. ASSEMBLY OF THIS PROVINCE, IN CASE OF THE DEMISE OF HIS MAJESTY, HIS HEIRS AND SUCCESSORS. WHEREAS, this Province may be exposed to great dangers, at the time when it shall please God to afflict us by the death of our most gracious sovereign, King George the Third, (whom God long preserve,) or by the death of any of his heirs and successors, before a General Assembly can be summoned and called; for prevention thereof, I. Be it enacted by the Honorable William Bull, Esq., Lieutenant Governor, by and with the advice and consent of his Majesty's Council, and the Commons House of Assembly, and by the authority of the same, That this General Assembly, or any other General Assembly which shall hereafter be summoned and called, shall not determine or be dissolved by the death or demise of his Majesty, his heirs and successors; but such General Assembly is hereby enacted to continue, and is hereby impowered to meet, convene and sit, and to act, notwithstanding such death or demise, for and during the term of six months after due notification thereof given, and no longer, unless the same shall be sooner dissolved by the Governor or Commander-in-chief for the time being. II. And it is hereby further enacted by the authority aforesaid, That in case there shall be no General Assembly in being when notice shall be received of the death or demise of his Majesty, or any of his heirs and A. D. 1761. successors, and no writs shall have been issued out for the calling of a new Assembly, then the last preceding General Assembly may be convened and sit, and is hereby impowered to act as aforesaid, to all intents and purposes, as if the said General Assembly had never been dissolved. III. Provided always, and it is hereby declared, That nothing in this Act contained shall extend, or be construed to extend, to alter or abridge the power of the Governor or Commander-in-chief to prorogue or dissolve General Assemblies, nor to repeal or make void an Act of Assembly made in the eighth year of his late Majesty King George the First, 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;" but that so much of the said Act as is not already repealed shall continue in force, in every thing that is not contrary to, or inconsistent with, the directions of this Act. B. SMITH, Speaker. In the Council Chamber, the second day of June, 1761. Assented to: WM. BULL. No. 902. AN ACT FOR IMPOSING AND CONTINUING AN ADDITIONAL DUTY ON ALL WINES, RUM, BISCUIT AND FLOUR, TO BE HEREAFTER IMPORTED, DURING THE TERM THEREIN MENTIONED; AND FOR APPLYING PART OF THE SAID DUTYS TO THE PAYMENT OF THE SOUTH CAROLINA REGIMENT. Preamble. WHEREAS, by an Act of the General Assembly, passed the sixth day of July, in the year of our Lord one thousand seven hundred and fifty-seven, an additional duty was imposed and laid on all wines, rum, biscuit and flour, to be thereafter imported, over and above the duties imposed on such commodities by the general duty laws, until the sum of forty-four thousand and three hundred pounds, in the said Act mentioned, should be raised thereby, which sum hath been accordingly raised; but forasmuch as the exigencies of Government, in this time of war, make it necessary that the said additional dutys should be continued; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief in and over the Province of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Province, and by the authority of the same, That immediately from and after the passing of this Act, an additional duty shall be, and is hereby, imposed and laid, and shall be paid, on all wines, rum biscuit and flour, to be hereafter imported, over and above the duties imposed on the said commodities by the general duty law; that is to say, on every pipe of wine, four pounds ten shillings, and so in proportion for a greater or lesser quantity; on every gallon of rum, nine pence; on every hundred pounds weight of white biscuit, made in the Plantations, three shillings and nine pence; on every hundred pounds of middling biscuit, made as aforesaid, two shillings and pence; on every hundred pounds weight of brown or ship biscuit, made as aforesaid, one shilling and eight pence; and on every hundred pounds weight of flour, of the produce of the Plantations, two shillings and six pence; in the current money of this Province. Provided, that the same abatement be made for drawback, wastage, or leakage, as is directed and appointed by the general duty law. Which additional duty shall be paid for and during the term of five years from the time of the passing of this Act, and no longer. II. And be it further enacted by the authority aforesaid, That the sum of twenty-three thousand four hundred and sixty-eight pounds four shillings and two pence, currency, part of the money raised by virtue of this Act, shall be applied to the payment of the South Carolina Regiment; and that the surplus of the said additional duties shall remain in the hands of the public treasurer, to be applied in such manner and to such purposes as the General Assembly of this Province shall direct and appoint. BENJAMIN SMITH, Speaker. In the Council Chamber, the second day of June, 1761. A. D. 1761. AN ACT FOR REVIVING AND CONTINUING PART OF AN ACT OF THE GENERAL ASSEMBLY OF THIS PROVINCE, ENTITLED "An Act for laying Buoys and erecting and supporting Beacons or Land Marks near the Bar of the harbour of Georgetown Winyaw, and for building and repairing one or more Boat or Boats to attend the Bar of the said harbour, and for the better settling and regulating the pilotage of the said harbour, and for obliging such vessels as go to the said port of Georgetown, to pay powder duty," AND FOR APPROPRIATING THE DUTIES ON ALL GOODS, WARES AND MERCHANDIZES IMPORTED AND EXPORTED INTO OR OUT OF THE PORT OF GEORGETOWN WINYAW, SINCE THE EXPIRATION OF THE SAID ACT, TO AND FOR THE PURPOSES THEREIN MENTIONED. WHEREAS, an Act of the General Assembly of this Province, entitled "An Act for laying buoys and erecting and supporting beacons or land marks near the bar of the harbour of Georgetown Winyaw, and for building and repairing one or more pilot boat or boats, to attend the bar of the said harbour, and for the better settling and regulating the pilotage of the said harbour, and for obliging such vessels as go to the said port of Georgetown, to pay powder duty," lately expired; and whereas, the inhabitants of the parishes of Prince George and Prince Frederick, by their humble petition to the Commons House of Assembly, setting forth that the good ends and purposes, intended by the said Act were not fully attained and answered before the expiration thereof, and that the revival and continuance of the same will be productive of many great advantages, particularly to the navigation of the said port, pray that the said Act may accordingly be revived and continued for some convenient time, and that the duties on goods imported into and exported out of the said port since the expiration of the said Act, may be appropriated in like manner as such duties were by the said Act appropriated; we therefore humbly pray your most sacred Majesty that it may be enacted, I. And be it enacted, by the honorable William Bull, Esquire, Lieutenant Governor and Commander-in-chief, in and over the Province of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Province, and by No. 903. Preamble. A.D. 1761. the authority of the same, That the said Act hereinbefore mentioned, and all and every clause, matter and thing whatsoever therein contained, shall from henceforth stand and be, and it is hereby revived, except that part thereof which impowers the commissioners to rate and assess a sum not exceeding one thousand pounds current money per annum, on the inhabitants of the said parishes, and that the same shall remain and continue in full force for the space of five years next ensuing, and no longer. II. And be it also enacted, That all and singular the monies already paid, and that shall be hereafter paid to the receiver for the time being, of the said port of Georgetown Winyaw, for duties on goods, wares and merchandizes imported therein and exported therefrom since the expiration of the said term and before the passing of this Act, shall be by him paid and applyed in such manner, and to and for the several uses and purposes in and to and for which the like duties were severally and respectively appropriated in and by the said Act. BENJAMIN SMITH, Speaker. In the Council Chamber, the 25th day of July, 1761. Assented to: WM. BULL. No. 904. AN ACT ENABLING THE RECTOR AND CHURCH-WARDENS OF ST. BARTHOLOMEW'S PARISH TO SELL AND CONVEY THE OLD GLEBE LAND AT CHEHAW, IN THE SAID PARISH, AND WITH THE MONEY TO ARISE FROM THE SALE THEREOF, TO PURCHASE SLAVES; AND FOR VESTING SUCH SLAVES, WITH THEIR FUTURE ISSUE AND INCREASE, IN THE PRESENT RECTOR OR MINISTER AND HIS SUCCESSORS IN THE SAID PARISH. Preamble. WHEREAS, the rector, church-wardens and vestrymen of St. Bartholomew's parish, by their humble petition to the General Assembly, have set forth that by deed poll, bearing date the tenth day of May, in the year of our Lord one thousand seven hundred and thirteen, Thomas Townsend did convey unto John Woodward and his assigns forever, all that plantation or tract of five hundred acres of land situated at Chehaw, with the appurtenances in trust, and for the use of the said parish and the rector or parson thereof; that in the year of our Lord one thousand seven hundred and fifteen, by the calamities of the then Indian war, the said parish was abandoned by the inhabitants; and that several years after, when the said parish was resettling, the people made choice to settle near and adjoining to Pon Pon river and the westward parts of the parish, and that by the assistance of the inhabitants, other well disposed persons and the public, a chappel was built, a glebe purchased and a parsonage house erected near Pon Pon, as most convenient for the inhabitants and the residence of the rector, for which reasons the glebe at Chehaw becomes useless to the parish, and prayed that a law may be made for the sale of the said glebe at Chehaw, and to permit the monies thence arising to be laid out in slaves for the use of the rector or parson of the said parish; and whereas, the said land lyeth waste, and by reason of the poverty and barrenness of the soil, will not answer the charge and expences of any buildings to be put thereon; and whereas, the intent of the said Thomas Townsend, as the land is situated, is wholly defeated, but the same may be answered in part if the prayer of the said petition be granted; wherefore, we most humbly pray his most sacred Majesty that it may be enacted, |