A. D. 1778. V. And be it also enacted by the authority aforesaid, That Percival Pawley, Joseph Allston and Thomas Butler be, and they are hereby, appointed commissioners or supervisors for the building a church, chapel and parsonage house in the, said Parish of All Saints; and they, or the major part of them, are fully authorized and impowered to purchase a glebe for the said Parish, and to take subscriptions and to receive and gather, collect and sue for all such sum or sums of money as any pious Commissioners and well disposed person or persons shall give and contribute for the appointed for purbuilding a poses aforesaid; and in case of the death, absence or refusing to act of any Church, Chap- of the said commissioners, the church wardens and vestry of the said el, &c. Parish of All Saints for the time being, shall nominate and appoint another person or persons to be commissioner or commissioners in the room or place of such so dead, absent or refusing to act, as to the said church wardens and vestry shall seem meet, which commissioner or commissioners so to be nominated and appointed, shall have the same powers and authority for the putting this Act in execution, to all intents and purposes, as the commissioners herein named. Commissioners of roads ap pointed. VI. And be it further enacted by the authority aforesaid, That Benjamin Trapier, Thomas Butler, Anthony Pawley, Joseph Allston, Percival Pawley, Francis Allston, John Allston, Jr., William Verreen and William Spears, be, and they are hereby appointed, commissioners of public roads in the said Parish of All Saints, and shall have the same powers and authority as any commissioners of the high roads in this State have heretofore had. HUGH RUTLEDGE, Speaker of the Legislative Council. No. 1072. AN ACT FOR DIVIDING THE TOWNSHIP OF ORANGEBURGH FROM THE PARISH OF ST. MATTHEWS, INTO A SEPARATE PARISH, BY THE NAME OF ORANGE PARISH, AND FOR THE OTHER PURPOSES THEREIN MENTIONED. Preamble. Boundary lines. WHEREAS, the inhabitants of Orangeburgh Township were, by an Act of the General Assembly passed on the twelfth day of April, in the year of our Lord one thousand seven hundred and sixty eight, included in the Parish of St. Matthew, whereby the said inhabitants have sustained many inconveniencies, which still subsist; for remedy whereof, I. Be it enacted by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That the dividing line between the district of Charlestown and Orangeburgh shall henceforth be the dividing line between the Township of Orangeburgh and the parishes of St. Matthew, St. John's Berkley county, St. James Goose Creek and St. George Dorchester; and from the said Charlestown district line the Four Hole Creek, as far as the line that divides Amelia Township and Orangeburgh District, following the said line to the north-west boundary line of the said Township, shall be the dividing line between St. Matthew's parish and the township of Orangeburgh; and that the inhabitants residing on and between the said Charlestown district line and the north-west bounding of Amelia township, and on and between the said district line and Santee A. D. 1778. River, be hereafter deemed and known in law to be the inhabitants of St. Matthew's Parish; and the inhabitants being and residing on and between the said Charlestown district line, and the north-west bounding line of Orangeburgh township, and between the Four Hole Creek and the line that divides the townships of Orangeburgh and Amelia, and Pon Pon River, be hereafter deemed and known in law to be the inhabitants of Orange Parish. II. And be it further enacted by the authority aforesaid, That the inhabitants of St. Matthew's Parish, being qualified as by law directed, shall choose three members to represent them in General Assembly; and the inhabitants of Orange Parish, qualified as aforesaid, shall choose three members to represent them in General Assembly; and that writs for the election of members for the General Assembly shall be issued in the same manner and at the same time as writs have been and shall be issued for the other parishes and districts in this State. Members of III. And be it further enacted by the authority aforesaid, That Thomas Wild, John Robinson, Henry Rickinbacker, James Carmichael, Jacob Commissioners Woolf, Jr., Henry Felder, Jr., Andrew Frederick, John Clayton and of Roads. Peter Moorer, Sr. be, and they are hereby appointed, commissioners for keeping in repair the Public Road from the above said north-west boundary line of Orangeburgh township to the place where the said road crosses Charlestown district line, and that they shall have the same powers and authorities as any other commissioners of the high roads in this State may or can exercise and enjoy; and in case any of the said commissioners shall die or refuse to act, the remaining commissioners shall from time to time choose one or more commissioner or commissioners, in the room of him or them so dying or refusing to act, and he or they so chosen, shall have the same power and authority as the other commissioners have; any law, usage or custom to the contrary notwithstanding. HUGH RUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 16th day of March, 1778. AN ACT for establishing a Ferry over the Wateree River, at the No. 1073. plantation of Joseph Mickle, and vesting the same in the said Joseph Mickle and his Heirs, Executors, Administrators and Assigns, for the term of fourteen years; and also for dividing the great Road on the north-east side of the said River, beginning at Rafton Creek and running to the boundary line between this State and North Carolina, and appointing Commissioners for the same; and also for appointing a Board of Commissioners for clearing the Wateree River and keeping the same navigable, by an assessment on the inhabitants and lands uninhabited within the district herein mentioned, in lieu of personal labour. (Passed March 16, 1778. See last volume.) VOL. IV.-52. A. D. 1778. No. 1074. AN ACT for establishing the Constitution of the State of South Caro No. 1075. AN ACT FOR COMPLETING Preamble. All vagrants to be enlisted. THE QUOTA OF TROOPS TO BE RAISED BY THIS STATE FOR THE CONTINENTAL SERVICE; AND FOR OTHER PURPOSES THEREIN MENTIONED. WHEREAS, a regard for our own welfare and the interests of America renders it indispensably necessary that the six regiments of this State on the Continental establishment should be completed without delay; and whereas, a number of idle and disorderly persons (who are at present burthensome and injurious to the industrious inhabitants of the State) may, by being enlisted in the said regiments and kept under proper discipline, be rendered in a great measure serviceable to America; I. Be it enacted, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That all idle, lewd, disorderly men, who have no habitations or settled place of abode, or no visible lawful way or means of maintaining themselves and their families, all sturdy beggars, and all strolling or straggling persons, shall be declared to be vagrants, and as such shall be liable and obliged to serve in one of the Continental regiments of this State; and upon information of any vagrant being in his district, or on his own knowledge, a justice of peace shall be obliged, and he is hereby required, to issue his warrant to apprehend such vagrant; and when the said vagrant shall be brought before him he shall Proceedings. immediately summon six neighbouring freeholders, who shall attend such justice forthwith, under the penalty of fifty pounds currency, to be recovered by warrant under the hands and seal of any two magistrates for the district; and the justice and freeholders so assembled, being first sworn, without favour, prejudice, hope of reward, or fear, impartially to examine and determine whether the person brought before them is a vagrant or not, according to law, shall then examine into the matter; and if they, or the majority of them, shall be of opinion that the person so brought before them is a vagrant, according to the above description, they shall declare him to be enlisted, as a private soldier, in one of the said regiments, and he shall be liable and obliged to serve during the war, in one of the said regiments; and he shall be subject to the same articles of war, and entitled to all the advantages of a soldier who voluntarily enlists himself in either of the said regiments; and upon any person or persons being convicted as aforesaid of being a vagrant, the justice shall deliver him, or cause him to be delivered, to one of the officers of one of the said regiments, if any such officer should be in that part of the country, and in case no officer should be there, then the said justice is hereby authorized and required to commit such vagrant to the common gaol of the district wherein he shall be so apprehended and convicted as aforesaid, there to remain until sent for by the commanding officer of one of the said regiments, who may, and is hereby empowered to, enrol and enlist such person in his said regiment, as a soldier. And as the most effectual means of finding out who are vagrants in the different parts of A.D. 1779. this State, the commissioned officers of every company of militia shall be obliged, and they are hereby required, to give in to a neighbouring magistrate an exact muster roll of their respective companies, pointing out, as far as comes within their knowledge, any persons who, agreeable to the above description, may be liable to be called before a magistrate and freeholders for their examination, under a penalty of fifty pounds, on each officer, for their refusal or neglect; and that no officer of such militia company shall sit on the trial of any such person pointed out by him or them. II. And be it further enacted by the authority aforesaid, That the magistrates and constables shall be entitled to the same fees for such trial, exam- Fees. ination, and mileage, as are allowed magistrates and constables on other trials, which sums shall be paid them respectively by the commissioners of the treasury, on their producing a certificate signed by the magistrate and freeholers who were on such trial. III. And whereas, many vagrants have, without any authority, gone upon the lands lately ceded by the Indians to this State, and may, perhaps, District of elude this Act, by being out of the jurisdiction of any justice of peace of Ninety-Six. this State; for the prevention thereof, Be it also enacted by the authority aforesaid, That the said lands lately ceded by the Indians to this State, be deemed and declared to be within the district of Ninety-Six, and that the magistrates of Ninety-Six district have full power and authority to exercise as much jurisdiction within the same as they are impowered to do within any part of the said district of Ninety-Six. deemed va IV. And be it further enacted by the authority aforesaid, That after the expiration of three calender months from the passing of this Act, any Fire-hunters person or persons who shall be convicted of fire hunting shall, in like manner as a vagrant, be declared duly enlisted in one of the said regi- grants. ments, and shall be subject to the same articles and entitled to the same advantages as if he or they had voluntarily enlisted; and any person who will give information to a magistrate of any fire hunter, shall, on his conviction, be entitled to thirty dollars, to be paid out of the public treasury; and the trial of a person accused of fire hunting shall be by one magistrate and six freeholders, in the manner above appointed for the trial of vagrants. V. And be it further enacted by the authority aforesaid, That two hundred acres of land (including the one hundred acres allowed by Congress) be reserved for and granted free of expense and in fee simple to every soldier who hath already enlisted or shall hereafter enlist to serve in Bounty of either of the said regiments during the present war; provided he doth Lands. faithfully complete his term of service; and in case it shall so happen that any such soldier shall be slain in or depart this life during this contest, his heirs shall be entitled to the said two hundred acres of land. And no conveyance or agreement to transfer, convey, or sell the said two hundred acres of land, or any part thereof, before the expiration of the war, and the actual grant and location thereof, shall be valid, but every such conveyance and agreement shall be null and void, to all manner of purposes whatsoever; and all the lands in the forks between Tugaloo and Keowee rivers, up to the new Cherokee boundary line, shall be, and they are hereby, reserved for such purpose; and no grants of any lands within the said districts, or possession within the same, shall be deemed legal and valid till after the expiration of the present war, and till the said soldiers shall have their respective portions of the said lands allotted and granted to them. A. D. 1778. Penalty for selling liquors to soldiers. VI. And for the more effectual prevention of the frequent disorders which may arise among the soldiery in consequence of drunkenness, Be it further enacted by the authority aforesaid, That any person (except the respective sutlers to the said regiments) who shall, after one month from the passing of this Act, sell or retail any kind of spirituous liquors to any soldier belonging to either of the said regiments, knowing him to be such, without leave in writing from a commissioned officer of one of the said regiments first had and obtained, shall be deprived of his or her licence, and fined the sum of fifty pounds current money of this State, for every such offence, to be recovered before a magistrate and four freeholders, residing in the district where the offence was committed. VII. And be it further enacted by the authority aforesaid, That any person who shall knowingly or wittingly buy, receive or conceal the arms, accoutrements or clothing of any soldier in the said regiments, shall forfeit Or buying or for every such offence the sum of two hundred pounds current money of concealing this State, over and above the full value of the clothes, arms and accoutretheir arins, &c. ments so bought or received; and the informer shall be entitled to one hundred pounds current money of the said penalty, the other part shall go to the State, and be paid into the public treasury; and the said penalty shall be sued for and recovered before a magistrate and six freeholders, in the district where the offender resides or the offence shall be committed. deserters. VIII. And be it further enacted by the authority aforesaid, That any person (except in the case of a wife concealing her husband, a child a parent, or a widow her son) who shall wilfully harbour or conceal any deOr concealing serter from either of the said regiments, and be thereof convicted, the offender, if a man capable of military duty, shall be obliged to serve in one of the said regiments during such deserter's time of service, and be entitled to the same advantages and subject to the same articles as if he had voluntarily enlisted; and if the offender be a woman, or man incapable of military duty, he or she shall pay a fine of two hundred and fifty pounds current money, to the use of this State, or in default thereof suffer three months close imprisonment in the common gaol of the district where the offence shall be committed; and the trial of this offence shall be before a magistrate and six freeholders of the district where the offence shall be committed; and the informer, on conviction of the offender, shall be entitled to receive a reward of thirty dollars out of the public treasury of this State. Penalty on Captains of vessels carrying off desert ers. Deserters. IX. And be it further enacted by the authority aforesaid, That the captain or master of any vessel who shall wilfully harbour or conceal any deserter from either of the said regiments, or from any ship or vessel of war in the service of this State, or of the United States, on shipboard, with an intent to convey the said deserter out of the State, or shall actually carry such deserter off the State, shall, on conviction thereof before a Magistrate and six Freeholders of the district where the offence shall be committed, forfeit and pay the sum of seven hundred pounds, currency, for every such offence, one half to the informer, and the remainder to be paid into the public treasury for the use of this State. X. And be it further enacted by the authority aforesaid, That all deserters who have heretofore deserted from either of the said regiments, and not capitally punished by martial law, shall be compelled to serve in the regiment from which they deserted, for the full time for which they originally enlisted; and that all deserters who may hereafter desert from either of the said regiments, and not capitally punished by martial law, shall be compelled to serve in the regiment from which they deserted, double the time of their absence from duty. |