A. D. 1776.

No. 1019. AN ACT to impower the Court of Admiralty to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants of Great Britain, Ireland, the British West Indies, Nova Scotia, East and West Florida; to establish the trial by jury, in the Court of Admiralty, in cases of capture; and for the other purposes therein mentioned.

(Passed April 11, 1776. The original not now to be found.)

No. 1020. AN ACT TO REvive and contINUE, FOR THE TIME THEREIN MENTIONED, THE SEVERAL ACTS AND CLAUSES OF ACTS OF THE GENERAL ASSEMBLY OF THIS COLONY THEREIN PARTICULARLY MENTIONED, AND TO APPROPRIATE CERTAIN PENALTIES, AND TO CONFIRM THE POWERS OF COMMISSIONERS OF ROADS, PATHS, BRIDGES, CREEKS, CAUSEYS AND WATER PASSAGES.

Preamble.

Former Acts revived and continued.

WHEREAS, several salutary and beneficial laws of this Colony are now expired or very near expiring, and it is found necessary and expedient for the public welfare to revive and continue the same;

I. Be it therefore enacted by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the Colony of South Carolina, and by the Legislative Council and General Assembly of the said Colony, and by the authority of the same, That the several Acts and Clauses of Acts of the General Assembly of this Colony, hereinafter particularly mentioned, are hereby declared to be revived, continued, and enacted to be of full force and virtue, for and during the time hereinafter limited and expressly declared for the same, (that is to say) an Act of the General Assembly, entitled "An Act for licensing hawkers, pedlars, and pettychapmen, and to prevent their trading with indented servants, overseers, negroes, and other slaves," passed in the General Assembly, on the eleventh day of March, one thousand seven hundred and thirty-seven : also, an Act entitled "An Act for the establishing of a market in the parish of St. Philip Charlestown, and to prevent engrossing, forestalling, regrating and unjust exactions in the said town and market," passed on the eleventh day of April, one thousand seven hundred and thirty-nine : also, an Act entitled "An Act for making more useful Fort Johnson and Fort Frederick, and the several look-outs that now are or shall hereafter be kept or established near any of the inlets in this Colony," passed the fifth day of April, one thousand seven hundred and forty, (with this alteration, that inasmuch as Fort Frederick has long been dismantled, and another fort, called Fort Lyttleton, built near Beaufort, and now garrisoned, in the service of the Colony, that the commanding officer of the said Fort Lyttleton for the time being shall have and exercise the same powers and authorities that are given, in and by the said recited Act, to the commander of the said Fort Frederick): also, "An Act for the better ordering and governing negroes and other slaves in this Colony," passed the tenth day of May, one thousand seven hundred and forty; provided nevertheless, that such parts and clauses of the said last mentioned Act be hereby excepted, and not continued or enforced, as are altered or repealed by an Act of the General Assembly, passed the eleventh day of May, one thousand seven hundred and fifty-four, for

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preventing the stealing of negroes, or by an additional and explanatory A. D. 1776. Act to the same, passed the seventeenth day of May, one thousand seven hundred and fifty-one: also, 'An Act concerning masters and apprentices," passed the twenty-eighth day of February, one thousand seven hundred and forty: also, "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, one thousand seven hundred and forty-one 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, and for reviving and continuing 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," passed the seventh day of May, one thousand seven hundred and forty-three: also, “An Act for regulating the making of dams or banks for reserving water, where the same may affect the properties of other persons," passed the twenty-ninth day of May, one thousand seven hundred and forty-four: also, "An Act to prevent frauds and deceits in selling rice, pitch, tar, rozin, turpentine, beef, pork, shingles, staves and firewood, and to regulate the weighing of the several commodities and merchandize in this Colony," passed the seventeenth day of June, one thousand seven hundred and forty-six, except such parts or clauses of the said Act as are repealed by an Act passed the twelfth day of April, one thousand seven hundred and sixty eight, entitled An Act for regulating and ascertaining the rate of wharfage of ships and merchandize, and also ascertaining the rates of storage in Charlestown: also, "An Act for the better regulating the militia of this Colony, and for repealing the former Acts for regulating the militia, and for repealing an Act entitled an Act for the further security and better defence of this Colony," passed the thirteenth day of June, one thousand seven hundred and forty-seven: (excepting such parts and clauses of the said Act as are repealed, amended or altered by an Act passed the fourteenth day of May, one thousand seven hundred and fiftyfive:) also, such clauses and parts of an Act for amending an Act entitled "An additional and explanatory Act to an Act to impower the several commissioners of the high roads and private paths, bridges, creeks, causeys, and cleansing of water passages in this Province, to alter and lay out the same for the more direct and better convenience of the inhabitants thereof," passed the seventeenth day of May, one thousand seven hundred and fifty-one, as were revived for seven years, by the revival Act passed on the twelfth day of April, one thousand seven hundred and sixty-eight : also, "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 seventeenth day of May, one thousand seven hundred and fifty-one also, " An Act for allowing of discounts, and for repealing all former Acts and paragraphs of Acts of the General Assembly of this Colony relating to discounts," passed the seventh day of April, one thousand seven hundred and fifty-one; also, an Act passed on the seventh day of April, one thousand seven hundred and fifty-nine, entitled "An Act for the more effectual relief of insolvent debtors, and for that purpose of putting in force and effectually carrying into execution in this Colony, 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 hereinafter mentioned, and to repeal the several Acts of Assembly now of force in this Colony,

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A. D. 1776. for relief of insolvent debtors :" also, "An Act for establishing and regulating the Artillery Company which was formed out of the militia of Charlestown," which Act was passed the thirty-first day of July, one thousand seven hundred and sixty: also, "An Act to prevent stealing of horses and neat cattle, and for the more effectual discovery and punishment of such persons as shall unlawfully brand, mark or kill the same," passed the twelfth day of April, one thousand seven hundred and sixtyeight: also, An Act for regulating and ascertaining the rates of wharfage of ships and merchandize, and also for ascertaining the rates of storage in Charlestown:" also, " An Act for the preservation of deer, and to prevent the mischiefs arising from hunting at unseasonable times," passed the twenty-third day of August, one thousand seven hundred and sixty-nine also, "An Act for a fish market, and for preserving the lamps in Charlestown," passed the seventh day of April, one thousand seven hundred and seventy: also, such parts and clauses of 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 ferries therein," passed the eleventh day of March, one thousand seven hundred and thirty-seven, as respects the establishment of the ferries therein mentioned: also, an additional Act to an Act entitled "An Act for the better regulation of taverns and punch houses," passed the eighth day of March, one thousand seven hundred and forty-one: also, "An Act for the better establishing and regulating the patrols in this Colony," passed the seventeenth day of June, one thousand seven hundred and forty-six: also, "An Act for regulating the assize of bread," passed the sixteenth day of March, one thousand seven hundred and forty-nine: also, such parts and clauses of an Act entitled "An Act for reviving and continuing several Acts of the General Assembly of this Province therein mentioned, and for amending one of the said Acts entitled An Act for the better regulation of the militia of this Province, and for repealing the former Acts for regulating the militia, and for repealing an Act entitled an Act for the further security and better defence of this Province," passed the fourteenth day of May, one thousand seven hundred and fifty-five, as respects the amending the militia law of this Colony: also, such clauses and parts of 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 manner herein mentioned," passed the seventh day of April, one thousand seven hundred and fifty-nine, as respects boats passing of Fort Lyttleton, and the impowering of the Governor and Council to limit the number of tavern licenses.

II. And be it further enacted by, the authority aforesaid, That all and singular the Acts and clauses of Acts herein before particularly mentioned and referred to, (excepting such as are hereinbefore particularly excepted) and which are not contrary to any resolution or resolutions of the Continental Congress, or the Congress of this Colony, be, and they are hereby declared to be, revived, continued and enacted to be of full force and virtue, for and during, and until the first day of January, one thousand seven hundred and seventy-seven, and from thence to the end of the next sessions of the General Assembly of this Colony.

III. And be it further enacted by the authority aforesaid, That where by any clause or paragraph contained in any of the Acts or clauses of Acts hereinbefore particularly mentioned, and hereby revived and continued, as well as in all other Acts of Assembly, or statutes which are of force in this Colony, any penalty or sum of money thereby made and enacted, and the same directed to be paid to the use of his Majesty the King of Great Britain,

that all such penalties or sums of money which shall hereafter be inflicted A. D. 1776. under and by virtue of such Acts or clauses of Acts herein beforementioned, or by such other Acts and statutes as aforesaid, shall, and they are hereby directed to be paid to the commissioners of the treasury of this Colony, and to be subject to the disposal of the Legislative body of this Colony.

IV. And be it further enacted by the authority aforesaid, That where in any of the said Acts or statutes any power or authority is given, or duty enjoined, to the Governor, or any of his Majesty's justices of the peace, constables, or to any other officers, that in all such cases his Excellency the President for the time being, and the justices, constables and other officers respectively, appointed or to be appointed under the present constitution of this Colony, shall have full power and authority to exercise all and every such powers and authorities, and to do and perform the several matters and things, in the said Acts and statutes respectively required or enjoined.

V. And be it further enacted by the authority aforesaid, That all commissioners of high-roads and private roads, or paths, bridges, creeks, causeys, or for cleansing of water passages in this Colony, or for altering, laying out, cleansing or amending the same, who have hitherto been appointed by virtue of any Act or clause or clauses of any Act or Acts of the General Assembly now in force, or any such as are revived by this Act, or by appointment of any Governor of this Colony, hitherto, or by election in any parish or district in this Colony, or by any resolution of Congress, or who may hereafter be appointed by the President and Commander-in-chief of this Colony for the time being, with the advice and consent of the Privy Council, shall have and exercise as full and ample powers and authorities, to all intents and purposes whatsoever, as any commissioners of high-roads or private roads, paths, bridges, creeks, causeys, or water passages whatever have hitherto had, enjoyed or exercised by virtue of any law or laws, resolution or resolutions of Congress heretofore made for that purpose.

VI. And be it further enacted by the authority aforesaid, That in case any of the commissioners nominated or appointed as aforesaid shall refuse or neglect to act, all and every such commissioner who shall so refuse to act or neglect his duty, shall forfeit and pay the sum of one hundred pounds current money, to be sued for and recovered against the said commissioners or commissioner, jointly or separately, at the election of the prosecutor; one half to be applied to the use of this Government, and the other half to him or them who shall sue for the same.

G. G. POWELL, Speaker of the Legislative Council.
JAS. PARSONS, Speaker of the General Assembly.

In the Council Chamber, the 11th day of April, 1776.

Assented to: J. RUTLEDGE.

AN ORDINANCE for altering the time of holding the ensuing Circuit No. 1021. Courts and the Courts of Common Pleas and General Sessions in

Charlestown; and for other purposes therein mentioned.

(Passed April 11, 1776. See last volume.)

A. D. 1776.

No. 1022. AN ORDINANCE FOR APPOINTING COMMISSIONERS FOR SELLING CERTAIN EAST INDIA TEAS, IMPORTED INTO THE STATE OF SOUTH CAROLINA FROM GREAT BRITAIN, AND FOR APPLYING THE MONIES ARISING THEREFROM TO THE USE OF THE SAID STATE.

Preamble.

WHEREAS, the East India Company of Great Britain, under the authority of a British Act of Parliament, have imported into the State of South Carolina divers quantities of East India tea, for the express purpose of raising a revenue in the said State, without the consent of the good people thereof; and whereas, by a resolution of the honorable the Continental Congress, all East India teas are absolutely prohibited from being imported into any of the United States of America, and such as had been imported before the time mentioned in the said resolution, were permitted to be sold; and whereas, the teas now in this State, belonging to the East India Company, were imported prior to the said resolution, and as by the sale thereof a considerable sum of money may be raised and applied towards defraying the expenses incurred by this State in repelling the hostile attempts of Great Britain: therefore, be it ordained,

I. And it is hereby ordained, by His Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of Tea imported the said State, and by the authority of the same, That from and immediately after the passing this Ordinance, all East India teas which have been India Company declared forfeit. imported into this State by the said East India Company, and which were intended to be made liable to a duty payable in this State, for the purpose of raising a revenue therein, shall become, and are hereby declared to be, forfeited to the use of the said State.

by the East

tea.

II. And be it further ordained by the authority aforesaid, That Captain Commissioners Roger Smith, Captain Peter Leger, Mr. William Greenwood and George appointed for the sale of said Abbott Hall, Esq., they, or any three of them, shall be commissioners for the selling of, and they, or any three of them, are hereby authorized, impowered and required, to sell, at reasonable prices, to be fixed by them, in lots, not exceeding twelve pounds weight, all East India teas, imported as aforesaid into this State from Great Britain, by the said East India Company; and the monies arising from such sale shall be paid into the treasury of the said State, to and for the use thereof.

III. And be it further ordained, That the said commissioners shall give ten days public notice of the time and place when and where they shall begin to dispose of the said teas; and that they shall be entitled to a commission of five pounds per cent., in full for their trouble, and in full for all other expenses incident to the selling of the said teas. Provided always, that in case any loss shall arise, by bad debts or otherwise, in the sale thereof, that then the said commissioners shall make good the same out of their own private fortunes.

THOS. SHUBRICK, Speaker of the Legislative Council. JAS. PARSONS, Speaker of the General Assembly. In the Council Chamber, the 27th day of September, 1776. Assented to: J. RUTLEDGE.