Acts for regulating the militia, and for repealing an Act entitled an Act A. D. 1775. for the further security and better defence of this Province," passed the fourteenth day of May, 1755: also, an Act entitled "An Act to regulate the price and assize of bread," passed the sixteenth day of March, 1749: also, an Act entitled "An Act for regulating the making of dams or banks for reserving of water, where the same may affect the properties of other persons," passed the twenty-ninth day of March, 1744: also, an Act entitled "An Act for the establishment of a market in the parish of St. Philip, Charlestown, and for preventing ingrossing, forestalling, regrating and unjust exactions in the said town and market," passed the eleventh day of April, 1739: also, an Act entitled “ An Act for making more useful Fort Johnson and Fort Frederick, and the several Look-outs that now are or hereafter shall be kept or established near any of the inlets in this Province," passed the fifth day of April, 1740: also, a clause relative to boats passing Fort Lyttleton, contained in an Act entitled "An Act to revive and continue several Acts and clauses of Acts of the General Assembly of this Province, and for amending some of the said Acts in the manner herein mentioned," passed the seventh day of April, 1759: also, an Act entitled “An Act for rendering and making the office of constable more easy and less expensive to the persons appointed," passed the eighth day of March, 1741 also, an Act entitled "An Additional Act to an Act entitled an Act for the better regulating taverns and punch houses," passed the eighth day of March, 1741 also, a clause contained in an Act entitled "An Act for reviving and continuing several Acts of the General Assembly of this Province therein mentioned," passed the seventh day of April, 1759, impowering the Governor or Commander-in-chief of this Province, with the advice and consent of his Majesty's Council, to limit the number of tavern licenses to be granted in this Province, whenever it shall be necessary: also, an Act entitled "An Act to prevent frauds and deceits in selling rice, pitch, tar, rosin, turpentine, beef, pork, shingles, staves and fire-wood, and to regulate the weighing of the several commodities and merchandize in this Province," passed the seventeenth day of June, 1746: also, an Act entitled "An Act for the better estsblishing and regulating of patrols in this Province," passed the seventeenth day of June, 1746: also, an Act entitled "An Act for licensing hawkers and pedlers and petty chapmen, and to prevent their trading with indented servants, overseers, negroes and other slaves," passed the eleventh day of March, 1737: also, an Act entitled "An Act concerning masters and apprentices," passed the twentyeighth day of February, 1740: also, an Act entitled "An Act for the better security of this Province against the insurrections and other wicked attempts of negroes and other slaves," passed the seventh day of May, 1743 also, an Act entitled "An Act for the better ordering and governing negroes and other slaves in this Province," passed the tenth day of May, 1740, (except such parts of the last above mentioned Act as were repealed, altered or amended by a subsequent Act entitled An Act to prevent the inveigling, stealing and carrying away negroes and other slaves in this Province, and to prevent the carrying away of schooners or pettyaugers,) also for repealing so much of an Act entitled an Act for the better ordering and governing negroes and other slaves in this Province, as relates to the time in which offenders that are apprehended shall be tried, and giving the justices and freeholders a power to postpone the trial of such offenders, passed the eleventh day of May, 1754; and by another Act entitled an additional and explanatory Act to an Act of the General Assembly of this Province entitled an Act for the better ordering and governing negroes and other slaves in this Province, and for continuing such A. D. 1775. part of the said Act as is not altered or amended by this present Act, for the term therein mentioned, passed the seventeenth day of May, 1751: also, an Act entitled "An Act for appropriating the duties imposed by law on goods, wares and merchandizes imported into and exported out of the port of Beaufort, Port Royal, for the term therein mentioned, towards building and keeping in repair a pilot boat or boats, to attend the bar of the harbour of the said port, and for the better settling and regulating the pilotage of the said harbour, and for appointing a comptroller and receiver of the country duties for the said port, and for obliging all ships and other vessels trading to the said port to pay powder money," passed the sixteenth day of May, 1752, (except such part of the said Act as relates to the appointment of such comptroller and receiver): also, an Act entitled "An Act for allowing of discounts, and for repealing all former Acts and paragraphs of Acts of the General Assembly of this Province relating to discounts," passed the seventh day of April, 1759: also, an Act entitled “An Act to restrain and prevent the too frequent sales of goods, wares and merchandizes by public auction or outcry in Charlestown, and for the better regulation of such sales," passed the seventh day of April, 1759: also, an Act entitled "An Act for preventing as much as may be the spreading of malignant and contagious distempers in this Province, and for repealing the former Acts and paragraphs of Acts heretofore made for that purpose, passed the seventh day of April, 1759: also, an Act entitled" An Act for the more effectual relief of insolvent debtors, and for that purpose putting in force and effectually carrying into execution in this Province such part of an Act made in the parliament of Great Britain, in the second year of his present Majesty's reign, entitled an Act for the relief of debtors with respect to the imprisonment of their persons, as is thereinafter mentioned, and to repeal the several Acts of Assembly now of force in this Province for the relief of insolvent debtors," passed the seventh day of April, 1759 : also, an Act entitled "An Act for establishing and regulating the Artillery Company, which was formed out of the militia in Charlestown," passed the thirty-first day of July, 1760: also, an Act entitled "An Act for the establishing, keeping and maintaining a Watch Company, for preserving good orders and regulations in Charlestown," passed the twenty-fifth day of July, 1761 also, an Act entitled "An Act for appointing commissioners to lay out a road or causey over Lynch's Island, situate in Santee river, and for establishing the ferries therein mentioned," passed the eleventh day of March, 1737, as relates to the ferries established by the said Act: also, an Act entitled "An Act for amending an Act entitled an additional and explanatory Act to an Act entitled an Act to impower the several commissioners of the high roads, private paths, bridges, creeks, causeys and cleansing of water passages, in this Province of South Carolina, to alter and lay out the same for the more direct and better convenience of the inhabitants thereof," passed the seventeenth day of May, 1751, (except such parts of the same as were repealed, altered or amended in and by two other subsequent Acts, passed the eleventh day of May, 1754, the one entitled an Act for ascertaining the district for cleansing, cutting and keeping in repair the creek or cut commonly called the Hawl-over, and the other entitled an Act appointing commissioners for repairing and keeping in repair the bridge over Combahee river, from the causey to the town of Radnor, and commissioners for rebuilding and keeping in repair the bridge over Wappoo creek, in the parish of St. Andrew, and declaring the said bridge and Hooper's bridge, in the said parish of St. Andrew, to be parish bridges, and appointing commissioners for the said bridge); also, an Act entitled "An Act for the better restraining seamen from absenting from their service, and for encouraging the apprehending and securing of fugi- A. D. 1775. tive 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 seventeenth day of May, 1751: also, an Act entitled "An Act appointing Charles Garth, Esq. Agent to solicit and transact the affairs of this Province in Great Britain," passed the nineteenth day of May, 1762 also, " An Additional Act to an Act for establishing and maintaining a Watch Company, for preserving good orders and regulations in Charlestown," passed the twenty-third day of August, 1769: also, an Act entitled "An Act for a fish market, and preserving the lamps in Charlestown," passed the seventh day of April, 1770 and also an Act entitled "An Act for the preservation of deer, and to prevent the mischiefs arising from hunting at unseasonable times," passed the twelfth day of August, 1769-be, and they are hereby declared to be, revived, continued and enacted to be of full force and virtue, for and during and unto the full end and term of one year from and after the passing of this Act, and from thence to the end of the then next session of the General Assembly, and no longer. RAWLINS LOWNDES, Speaker. Assented to: WM. BULL. In the Council Chamber, the 4th day of March, 1775. AN ACT TO PREVENT COUNTERFEITING OF PAPER MONEY OF OTHER No. 1010. WHEREAS, the want of a sufficient quantity of circulating specie to answer the purposes of commerce or the exigencies of Government, hath induced this and most others of the British Colonies in America to circulate certain paper notes as the representative of specie, to pass in payments for limited periods, when their redemption is provided for, the Preamble. counterfeiting of which is usually made felony in the respective Governments where they are emitted; but it is supposed that sundry evil minded persons have lately established presses in our Colony for preparing counterfeits of the paper of others, and by that means such forged paper is thrown into circulation with greater facility and security to the authors thereof, and it being judged reasonable that neighbouring countries having intercourse in trade should provide as far as in them lies against the debasing of their medium of commerce, we therefore 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 his Majesty's Colony of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Colony, and by Penalty for the authority of the same, That if any person or persons shall within this counterfeiting Colony prepare, engrave, stamp or print, or cause or procure to be pre- paper money. pared, engraved, stamped or printed, the counterfeit resemblance of any paper money which now is, or hereafter may be, circulated in payments by legislative authority, in any British Colony or plantation in America, with intention that such counterfeit paper shall be passed in payments, whether the same be so passed or not; or if any person or persons shall in this Colony pay, or tender in payment, any counterfeit money, whether A. D. 1775. the same were counterfeited in this Colony or elsewhere, knowing the same to be forged or counterfeited, every such person, being lawfully convicted, shall be adjudged a felon and shall suffer death without benefit of clergy. II. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force from and after the passing thereof, for and during the term of five years, and no longer. RAWLINS LOWNDES, Speaker. In the Council Chamber, the 4th day of March, 1775. No. 1011. AN ORDINANCE FOR MAKING DISPOSITION OF MONIES FOR THE SUPPORT OF GOVERNMENT, AND TO ENABLE HIS EXCELLENCY THE PRESIDENT AND COMMANDER-IN-CHIEF OF SOUTH CAROLINA FOR THE TIME BEING, TO EXERCISE CERTAIN POWERS, IN MANNER THEREIN MENTIONED. Preamble. Certain powers vested in the President. Proviso. WHEREAS, by certain resolutions passed in Congress at Charlestown, in June, November, February and March last past, reference was therein respectively had to the council of safety, and powers of high import were thereby for the public welfare vested in the said council; and whereas, the said council is no longer a part of the Government of this Colony, and in this time of public danger, it is expedient and absolutely necessary that the purport of the said resolutions should, as far as they are applicable to the public service, be carried into execution; and whereas, for the carrying on to the best advantage the defensive war in which this Colony is engaged, large authorities ought necessarily to be lodged in the executive power; wherefore, be it ordained, I. And it is hereby ordained, by His Excellency, John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the honorable the Legislative Council and General Assembly of this Colony, and by the authority of the same, That in all those matters and things concerning which, by the said resolutions respectively, application and recourse were directed to be made and had to the said council of safety, such application and recourse touching the premises shall henceforth be made and had to His Excellency the President and Commander-in-chief for the time being, who, with the advice and consent of the Privy Council, is hereby impowered to determine and proceed touching the said premises, as the said council of safety might have determined and proceeded. Provided always, that the said power hereby given shall not be construed to extend to any part of the powers stated in the resolutions passed in Congress on the fourteenth day of June last, relative to the appointment and suspension of officers, and to the direction, regulation, maintenance and ordering of the army, and of all military establishments and arrangements; or to a resolution of Congress passed on the seventeenth day of June last, relative to the strengthening, securing, and defending the Colony; or to any part of an Ordinance passed in Congress on the twenty-sixth day of November last; otherwise, than as shall be hereinafter mentioned. II. And be it further ordained by the authority aforesaid, That His Excellency the President for the time being shall have and possess the supreme command, direction and ordering of, in and over the military stores and forts, the regular forces by sea and land, and the militia through- A. D. 1776. out this Colony; and with the advice and consent of the Privy Council, may order any part or parts of the regular troops to act in a neighboring Colony. III. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, with the advice and con- Powers of the sent of the Privy Council, shall, in all cases not to the contrary provided President. for by the Congress, direct the commissioners of the treasury, relative to the execution of their office; and with the advice and consent aforesaid, he shall issue his warrant upon the treasury for defraying the expences of the civil, military and naval establishments, and for the services of the militia of this Colony; and also for such contingent and necessary expences as the nature of the public service and the security of the Colony may require; and also for the salaries of public officers and clergy respectively, which shall be paid half yearly. sioners to hold IV. And it is further ordained by the authority aforesaid, That the commissioners of the treasury shall, out of the public monies, hold a sum not The commisexceeding twenty thousand pounds, as a contingent fund for His Excel- a contingent lency the President for the time being to draw upon, of his own authority, fund. for the public service, and all such draughts, upon that fund shall be accounted for to the General Assembly. V. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, may order general courts martial, to sit for the trial of any offences done or to be done or committed in or by the regular forces by sea or land, and the whole proceedings of such courts martial shall be laid before His Excellency the President for the time being, who is hereby impowered to pardon the whole or any part of the sentence of any general court martial, or to order the whole or any part of the sentence of any such court martial to be executed; and no sentence of any general court martial shall be executed, without order for so doing first had and obtained from His Excellency the President for the time being; and such offences done or to be done or committed by any field officer in the militia, as heretofore were cognizable before and punishable by the Governor and Council, shall be cognizable before and punishable by His Excellency the President for the time being and the Privy Council; and His Excellency the President for the time being shall have power at any time to suspend any officer in the army navy, or militia, and the officer so suspended shall, as soon as may be, not exceeding forty days, be brought to trial, and if acquitted, the judgment in the case shall be final. Court martials to be held. President and VI. And it is further ordained by the authority aforesaid, That His Excellency the President for the time being, with the advice and consent Powers of the of the Privy Council, shall have power to carry the Acts of Assembly and the resolutions of Congress, relating to the militia, into execution, in as full and ample manner as the Governor and Council or the council of safety might have done. ness or absence VII. And be it further ordained by the authority aforesaid, That in case of the sickness of the President and Commander-in-chief for the In case of sicktime being, or of his absence from Charlestown in other parts of the of President, Colony, the Vice President, being duly authorized by warrant under the Vice President hand and seal of the President, shall and may have and exercise the same powers touching the premises hereinbefore mentioned, as are hereby given to or vested in the President. VOL. IV.-43. to act. |