by an instrument in writing under their hands, to be drawn up for that A. D. 1756. purpose. B. SMITH, Speaker. In the Council Chamber, the 27th day of January, 1756. Assented to: JAMES GLEN. AN ACT FOR MAKING MORE effectual an Act of the GENERAL ASSEMBLY No. 839. OF THIS PROVINCE, ENTITLED “AN ACT FOR FOUNDING AND Erecting, GOVERNING, ORDERING AND VISITING, A FREE SNHOOL AT THE TOWN OF DORCHESTER, in the PARISH OF ST. GEORGE, IN BERKLEY COUNTY, FOR THE USE OF THE INHABITANTS OF THE PROVINCE OF SOUTHCAROLINA." WHEREAS, the persons appointed commissioners, in and by an Act of the General Assembly of this Province, passed the ninth day of April, Preamble. one thousand seven hundred and thirty-four, entitled "an Act for founding and erecting, governing, ordering and visiting, a free school at the town of Dorchester, in the parish of St. George, in Berkley county, for the use of the inhabitants of the Province of South Carolina," are all dead, without having any successors appointed, as by the said Act is directed, whereby the good intent of the said Act hath been in a great measure frustrated; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governorin-chief and Captain General in and over the Province of South Carolina, Nomination of by and with the advice and consent of his Majesty's Council, and the commissioners. Commons House of Assembly of the said Province, and by the authority of the same, That the rector of the said parish for the time being, Henry Middleton, Walter Izard, Ralph Izard, Daniel Blake, John Ainslie, Esqrs. Mr. Benjamin Waring, Mr. Richard Waring and Mr. Joseph Waring, shall be, and they are hereby appointed, commissioners for the purposes in the said Act mentioned, and invested with the same powers and authorities, to all intents, constructions and purposes whatsoever, for carrying the several matters comprized in the said recited Act into execution, as the commissioners therein nominated and appointed were invested with. quorum; time II. And be it further enacted by the authority aforesaid, That the commissioners herein named, or any five of them, shall meet in the vestry Any five shall room of the parish church of St. George's Dorchester, on the twenty-third constitute a day of April next, between the hours of nine and twelve of the clock in and place of the morning, and then and there make choice of a president, for the year meeting. ensuing; and the commissioners hereby appointed, or such as shall at any time hereafter be appointed, in pursuance of the powers of this or the said recited Act, or any five of them, shall every year in like manner, upon the twenty-third day of April, (unless the same shall happen on a Sunday, and in such case upon the day following) proceed to the choice of a president; and the said commissioners, before they begin to act as such, and the president when chosen, shall take such oaths as are in the An oath to be said Act appointed to be taken, which shall be administered by any two of the commissioners to the others of them respectively, and to the presi dent; and they, or any two of them, are hereby authorized and impowered to administer the same accordingly. taken. A. D. 1756. In case of or refusal to act, III. And be it further enacted by the authority aforesaid, That if at any time hereafter the said commissioners shall be reduced by death, resignation, refusal to act, or departure from this Province for more than twelve death, removal months, and the said commissioners shall neglect or refuse to choose a new commissioner or commissioners, in the manner prescribed and directed by the said Act, for the space of six months after any such vacancy as The vestry and aforesaid, it shall and may be lawful for the vestry and church-wardens of wardens may the said parish to choose a new commissioner or commissioners, to make up the number nine; any thing in the said recited Act contained, to the contrary notwithstanding. church choose a new commissioner. Commissioners school, and censure or suspend. IV. And be it further enacted by the authority aforesaid, That the said commissioners shall have power, and they are hereby fully authorized and may appoint impowered, to nominate and appoint a school-master, ushers or teachers, teachers for the and to censure, suspend or deprive any of the said masters, ushers or teachers, as they, or any five of them, in their discretion shall see.fit: Provided nevertheless, that such nomination and appointment, or censure, suspension or deprivation, shall not take effect unless the same respectively shall be agreed to and resolved upon at a meeting for that purpose to be appointed, and particularly specified in the summons to be issued by the president and served upon each respective commissioner personally, at left at the place least ten days before such meeting, or left at his most usual place of abode with one of his known domestic servants. Personal notice to be given, or of abode. Salary £50 money. School-master to use and enjoy the V. And be it further enacted by the authority aforesaid, That the schoolmaster nominated and appointed in the manner above mentioned, shall proclamation have, hold, occupy, possess and enjoy, to him and his lawful successors, all such lands as shall, pursuant to the above recited Act, be taken up, purchased, had or received for the use of a school-master for the said school, and the school house, dwelling house, out-houses and other buildings thereon; and also, as a further encouragement, shall have and receive out of the public treasury of this Province the sum of fifty pounds proclamation money, or the value thereof in the current money of this Province, to be paid him half-yearly by the public treasurer, who is hereby authorized, required and commanded, punctually to pay the same out of the fund appropriated for payment of the salarys of the clergy, by draughts to be made for that purpose by the president and any four of the said commissioners, or their successors. house, lands, &c. belonging to the institu tion. Ten poor scholars to be taught gratis. VI. And be it further enacted by the authority aforesaid, That the school-master, ushers and teachers to be appointed as aforesaid, shall freely and without any manner of fee or reward whatsoever, teach and instruct ten poor scholars, and as many more as the president and any four of the said commissioners shall from time to time, according as the public or school salarys may or shall be hereafter increased, approve of and judge fit to nominate and appoint. BENJAMIN SMITH, Speaker. In the Council Chamber, the 19th day of March, 1756. Assented to: JAMES GLEN, No. 840. AN ACT for building a new Church in the Parish of St. John, in Berkley county. (Passed March 19, 1756. The original not to be found.) A. D. 1756. THE No. 841. AN ACT ESTABLISHING THE CHAPEL ON JAMES ISLAND, IN WHEREAS, the inhabitants of James Island, in the parish of St. Andrew, of the established church, living at a considerable distance from the parish church, have erected a chapel for the benefit of having divine service performed near them, but as the said chapel hath not been established by law as a chapel of ease, the rector or minister of the said parish is not obliged to preach and perform divine service therein; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esquire, Governorin-chief and Captain General 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 the chapel on James Island, in the parish of St. Andrew, shall be, and is hereby established, a chapel of ease. II. And be it further enacted by the authority aforesaid, That the rector or minister of the said parish of St. Andrew, shall be, and he is hereby obliged, enjoined and required to preach and perform divine service at the said chapel of ease every fourth Sunday, provided it happen not upon Easter Sunday, Whit Sunday or Christmas day, and in such case to preach on the next Sunday after, and from thence again on every fourth Sunday. III. And be it further enacted by the authority aforesaid, That if the rector or minister of any parish in this Province, who is by law enjoined and required to perform divine service and preach in any chapel of ease in his parish, shall neglect to do the same, in such case the public treasurer of this Province shall, and he is hereby authorized and required to, deduct in the next payment by him to be made to such rector or minister, the sum of ten pounds currency for every Sunday on which such rector or minister shall neglect to perform divine service and preach accordingly, upon a certificate of such neglect being produced to him, under the hands of a majority of the vestry and one of the church-wardens of the said parish; provided that the said certificate be signed and lodged with the treasurer within three months next after the said neglect. B. SMITH, Speaker. In the Council Chamber, the 19th day of March, 1756. Assented to: JAMES GLEN. AN ACT for making a road across Hilton Head, from Port Royal No. 842. Inlet to Callibogy Inlet and a road from the Fording Islands to the head of Okatee creek, in Granville county, and appointing Commis sioners for the said roads. (Passed March 19, 1756. See last volume.) VOL. IV.-4. A. D. 1756. No. 843. AN ACT establishing ferrys over Waccamaw and Pedee rivers, and vesting the same in the persons therein mentioned, and appointing and impowering Commissioners for making roads leading to the said ferrys. (Passed March 19, 1756. See last volume.) No. 844. AN ACT for cleansing, clearing and making navigable the head of Ashepoo river, from Ashepoo bridge to the fish pond bridge, and for cleansing, clearing and making navigable Chechessey creek, from the mouth of the same to the public landing known by the name of the Chechessey landing, and for appointing Commissioners for clearing the Horse-shoe creek, in the room of those who are dead. (Passed March 19, 1756. See last volume.) No. 845. AN ORDINANCE FOR APPOINTING WILLIAM MIDDLETON, LATE OF WHEREAS, it is necessary that an agent be appointed to solicit the affairs of the inhabitants of this Province in Great Britain; and whereas, the General Assembly of this Province have thought William Middleton, Esq. a proper person to be appointed agent for the said purposes; I. Be it therefore ordained, by his Excellency James Glen, Esq., Governor-in-chief and Captain General in and over his Majesty's Province of South Carolina, 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 the said William Middleton be, and he is hereby declared, nominated and appointed, agent to represent, solicit and transact the affairs of the inhabitants of this Province in Great Britain. II. And be it further ordained by the authority aforesaid, That the said William Middleton shall be, and he is hereby, fully authorized and impowered to follow and pursue all such instructions as he shall from time to time receive from the General Assembly of this Province, or from the committee hereinafter appointed to correspond with him. III. And be it further ordained by the authority aforesaid, That the honorable Edward Fenwicke, William Bull, William Wragg, George Saxby, James Michie and Othniel Beal, Esquires, of his Majesty's Council, and the honorable the Speaker of the Commons House of Assembly for the time being, and such other members of the said House as shall be by them appointed for that purpose, be, and they or any five of them, (two of which to be of the Council) are hereby appointed a committee to correspond with the said William Middleton, Esq. and to give him advice and instructions as they shall judge for the service of this Province. IV. And be it further ordained by the authority aforesaid, That there shall be allowed and paid unto the said William Middleton the sum of two hundred pounds sterling money of Great Britain, per annum, for his services, to commence from the time of his receiving notice of his being A. D. 1756. hereby appointed agent as aforesaid, besides his reasonable charges and disbursements on negociating the affairs of this Province. V. And be it further ordained by the authority aforesaid, That the said William Middleton shall be and continue agent of the inhabitants of this Province for the term of one year, to commence from the time aforesaid. BENJAMIN SMITH, Speaker. In the Council Chamber, the 19th day of March, 1756. Assented to: JAMES GLEN. AN ADDITIONAL ACT to an Act entitled "an Act for preventing No. 846. as much as may be, accidents which may happen by fire in Charlestown, in the Province of South Carolina, and for preserving the Fire Engines in the said town, and for rendering the same as useful as may be in case of fire." (Passed March 19, 1756. See last volume.) AN ACT for laying out, making and keeping in repair, a road from No. 847. Purysburgh to Bee's creek, in Granville county, and for discontinu ing such part of the present high road as leads from Day's creek to Purysburgh. (Passed April 12, 1756. See last volume.) AN ACT TO REVIVE AND CONTINUE THE SEVERAL ACTS OF THE GENERAL No. 848. ASSEMBLY THEREIN MENTIONED, AND FOR CONTINUING ONE OF THE SAID ACTS ENTITLED "An Act for the better restraining Seamen from absenting from their service, and for encouraging the apprehending and securing of fugitive Seamen, and to discourage frivolous and vexatious actions at law being brought by Seamen against masters and commanders of ships and other vessels," AND ALSO ANOTHER OF THE SAID ACTS FOR PREVENTING CONTAGIOUS DISTEMPERS. WHEREAS, several wholesome and beneficial temporary laws of this Province are expired or near expiring; we therefore humbly pray his most Preamble. sacred Majesty that it may be enacted, continued. I. And be it enacted, by his Excellency James Glen, Esq., Governor-inchief and Captain General in and over the Province of South Carolina, by A former Act 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 an Act of the General Assembly of this Province, entitled "An Act for the better restraining Seamen from absenting from their service, and for encouraging the apprehending and securing of fugitive Seamen, and to discourage frivolous and vexatious actions at law being brought by Seamen against masters and commanders of ships and other vessels," passed the |