A. D. 1778. AN ACT for incorporating divers Religious Societies therein named. No. 1102. AN ACT TO AMEND AN ACT ENTITLED An Act for completeing the No.1103. quota of Troops to be raised by this State for the Continental service;" AND FOR OTHER PURPOSES THEREIN MENTIONED. WHEREAS, an Act of the General Assembly of this State was passed on the twenty-eighth day of March last past, entitled "An Act for completeing the quota of troops to be raised by the State for the Conti- Preamble. nental service," the salutary provisions of which Act, relative to the enlistment of vagrants, may be wrested to the purposes of oppression, and no appeal having been provided by the said Act, persons who may be injured thereby must remain without redress; in order, therefore, to remedy this inconvenience and to prevent any other ill consequences which may arise from misconstruction of the said Act, Commissioners I. Be it enacted, by his Excellency Rawlins Lowndes, Esquire, President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly, and by the authority of the same. That immediately from and after the passing of appointed to dethis Act, it shall and may be lawful for his Excellency the President, and termine cases of appeal by he is hereby empowered and required, to appoint and commission five per-on apps. vagrants. sons of the most respectable character in each parish or district of this State, to be commissioners of appeal in the case of vagrants within their respective parishes or districts, any three of whom shall be a quorum, to try and determine all appeals from the sentence of the magistrate and six freeholders in whom the original jurisdiction for the trial of vagrants is vested by the aforesaid Act. missioners for II. And be it also enacted by the authority aforesaid, That any person being appointed as is above directed to be a commissioner for the district Fine on comin which he resides, and refusing to accept such commission, shall, and he refusing to acis hereby, declared liable to pay a fine of two hundred pounds current cept or act. money of the State aforesaid, to be recovered by the attorney General for the use of the said State; and any person having received such commission as aforesaid and neglecting or refusing to act when thereunto legally required, shall, in like manner, be liable to pay a fine of fifty pounds current money of the State aforesaid, to be recovered by bill or plaint in any court of record within the said State, by any person or persons who may have been injured by such refusal or neglect; and the commissioners, or any three of them, so appointed or commissioned, are hereby empowered and directed to sit as a court of appeal, at some convenient place within their respective districts or parishes, on the first and third Thursday in every month, if they shall be thereunto required. III. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any person who hath been, or hereafter may Vagrants may be, condemned as a vagrant pursuant to the directions of the said Act, to appeal. make application for a court of appeal to any one of the commissioners for the district wherein the original trial was had, which commissioner is hereby authorized and directed, on such application being made, to sum A. D. 1778. missioners. mon any two of the other commissioners for the district to associate with him on the trial of the appeal, on such day herein before appointed as shall be next ensuing the application. IV. And be it further enacted by the authority aforesaid, That the said Duty of com- commissioners on such trial be, and they are hereby, authorized and empowered to summon witnesses and order papers material to the trial to be laid before them; and it shall be incumbent on the person appealing to lay before the commissioners a transcript of the proceedings had in the original trial, with which the magistrate before whom it was tried shall be obliged, and he is hereby enjoined and directed, to furnish him on requisition; and the determination of the majority of the commissioners present on such appeal, shall be final and conclusive. V. And in order to prevent frivolous and litigious appeals, Be it enacted Penalty in case by the authority aforesaid, That such persons as shall appeal from the appeal is not sentence of the justice and freeholders, and shall on such appeal be desustained. clared legally convicted, shall not be entitled to receive the bounty money to which they would otherwise have a right on their inlistment. VI. And be it enacted by the authority aforesaid, That each of the Commissioners said commissioners shall be allowed the sum of two dollars each day compensation. during their attendance on that duty, in lieu of all fees and charges against shall be tried. the public, which shall be paid to them by the treasurers of this State out of any money lying in the treasury; provided, they shall transmit an account of their charges against the public with a copy of their proceedings to the auditor general's office, once in every six months. VII. In order also to prevent abuses which may arise on the original Where and by trial, Be it enacted by the authority aforesaid, That all persons accused of whom vagrants coming within the description in the aforesaid Act, shall be tried by the nearest acting magistrate to the place of such person's usual residence, or in case he has no settled habitation, by the nearest magistrate to the place where he was taken; and that no person be brought to such trial but on information, on oath being made to some one magistrate within the district, or on the knowledge of the magistrate. Soldiers ex empted for one operation of this Act. Acts of distributed. VIII. And be it further enacted by the authority aforesaid, That all soldiers having legal discharges from any of the regiments raised within this year from the State, shall be, and they are hereby declared, exempt from being tried as vagrants (except for fire hunting and harbouring deserters,) for the space of twelve months next ensuing the date of their respective discharges. IX. In order also to prevent those evils which may arise from the Acts Assembly to be of the Legislature not being generally known by the persons appointed to carry them into execution, Be it enacted by the authority aforesaid, That the representatives of the different parishes and districts within the State, shall be furnished with copies of all the public Acts of Assembly and Ordinances of this State which shall hereafter be enacted, equal to the number of magistrates acting within their respective parishes and districts, which they shall deliver to such magistrates on their application; and each member of the different branches of the legislature, shall, in future, be furnished with one copy of every such Act or Ordinance for his own use, and no more. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 9th day of October, 1778. Assented to: RAWLINS LOWNDES. A. D. 1778. AN ACT to oblige all male inhabitants from sixteen to sixty years of No. 1104. age, residing on or near Waccamaw River, to work on and lay open the navigation of the said River; and for appointing Commissioners for carrying this Act into execution. (Passsd October 9, 1778. See last volume.) AN ACT for establishing a road from Slann's, Dorchester, or Bacon's No. 1105. bridge, to Wort's Ferry, and from thence to divers other places until it shall intersect the road leading from the ferry near Fort Moore to Charlestown. (Passed October 9, 1778. See last volume.) AN ACT TO REVIVE AND CONTINUE "An Act for establishing a Board No. 1106. ENEMY. WHEREAS, the Act entitled "An Act for establishing a board of commissioners to superintend and direct the naval affairs of the State of Preamble. South Carolina," is near expiring, and it being necessary that the same should be revived and continued; Former Act I. Be it therefore 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 an Act entitled "An revived. Act for establishing a board of commissioners to superintend and direct the naval affairs of the State of South Carolina," passed the eighth day of October, one thousand seven hundred and seventy-six, be, and the same is hereby, revived and continued for one year from the passing of this Act, and from thence to the end of the then next sitting of the General Assembly, and no longer. II. And be it also enacted by the authority aforesaid, That the commissioners mentioned in the said Act, or their successors, or a majority of Commissioners them, shall have full power, and they are hereby authorized and empower-purchase neempowered to ed, to purchase any negroes or other slaves for the use of the publick ship-groes for the yard or rope work; and the said negroes when purchased for the use of ship yard, &c. the ship-yard or rope work, shall be vested in the public forever. III. And whereas, there is no provision made by any law of this State for paying wages to any officer, mariner or seaman belonging to the navy of the same, during the time they are prisoners with the enemy and returning home after their escape, or otherwise being released; and it being reasonable and just that the said officers, seamen and mariners should be paid their wages during the said time; Be it therefore enacted by the au allowed officers, seamen with the ene A. D. 1778. thority aforesaid, That the commissioners of the navy, or their successors, or a majority of them, shall be, and they are hereby, directed and empowCompensation ered to pay every officer, mariner and seaman who was, or hereafter may be, in the service of this State, when taken by the enemy, the wages which and mariners may be due to them, and each and every of them, from the time they were when prisoners or may be respectively captured to the time they severally escaped, or or may escape, or otherwise get released from the enemy, and from thence to the time they return to this State, allowing them a reasonable time to travel to Charlestown from the the place where they make their escape or otherwise get away from the enemy; provided, that the said officers, mariners and seamen do not enter into any other service after they make their escape or otherwise get away from the enemy before they return to Charlestown to receive their wages. my, &c. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 9th day of October, 1778. No. 1107. AN ORDINANCE FOR APPOINTING AN ORDNANCE STORE-KEEPER AND POWDER RECEIVER FOR THE PORT OF CHARLESTOWN. Preamble. WHEREAS, it is necessary that a proper person should be appointed ordnance store-keeper, to take care of the ordnance stores which are now in the arsenal in Charlestown, and also all such as may hereafter be imported into this State for the use of the public and put under care of such ordnance store-keeper; and whereas, it is necessary that a proper person should also be appointed powder receiver for the port of Charlestown, to take care of the gun powder now in, or which may hereafter be put into, the several magazines in the said town, and also the magazines on Charlestown Neck and Hobcaw Point. I. Be it therefore ordained, 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 Ordnance store State, and by the authority of the same, That as soon as conveniently may keeper and be after the passing this ordinance, there shall be chosen by ballot, jointly powder receiv, by the Legislative Council and General Assembly, in the Assembly room, a proper person to be ordnance store-keeper, and also a proper person to be powder receiver for the port of Charlestown; and the said ordnance store-keeper and powder receiver, when so chosen, shall be respectively commissioned by his Excellency the President or Commander-in-chief of this State, for two years. by ballot by Council and Assembly, jointly. Their duties. Il. And be it also ordained by the authority aforesaid, That the said ordnance store-keeper shall, during the time he continues in the said office, give constant attendance on the duties thereof, and follow such directions as may from time to time be given him by the Governor or Commander-in-chief of this State relative thereto. III. And be it also ordained by the authority aforesaid, That the said powder receiver shall also, during the time he continues in that office, give constant attendance on the duties thereof, and shall at least one day in every week throughout the year, when the weather is fair, open each and every of the powder magazines that may be under his care, that the same may be aired; and once in every fortnight he shall cause every barrel or keg of gun powder in the said magazines to be turned; and shall also follow all such orders and directions as may be from time to time given him by the Governor or Commander-in-chief of this State, for those purposes. IV. And be it also ordained by the authority aforesaid, That there shall be allowed and paid by the public of this State to the ordnance storekeeper a salary of one thousand pounds currency per annum, for his services in the said office; and also that there shall be allowed and paid by the public of the said State to the powder receiver, hereby directed to be nominated and appointed, a salary of one thousand dollars per annum, for his services, in lieu of fees, and for the services of two able negro men to assist in the duties of the said office. A. D. 1778. Their salaries. V. And be it also ordained by the authority aforesaid, That the said ordnance store-keeper and powder receiver, and every other ordnance Ordnance store store-keeper and powder receiver for Charlestown, hereafter to be ap- powder receivkeeper and pointed, shall, before he takes upon him the execution of either of the er to give bond said offices, enter into bond in the penal sum of ten thousand pounds cur- and security. rency, to the Governor or Commander-in-chief of this State, for the due execution of the said office, and give good security, who shall be approved of by the President or Commander-in-chief of this State; and that there shall be duplicates of the said respective bonds, one to be lodged in the secretary's office and the other with the speaker or clerk of the General Assembly or House of Representatives. VI. And be it also ordained by the authority aforesaid, That an Act of the General Assembly of this State entitled "An Act for raising a Powder duty HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 17th day of October, 1778. AN ORDINANCE TO OBLIGE EVERY PERSON WHO SHALL BE HEREAF- No. 1108. TER ELECTED TO SERVE AS A MEMBER IN THE SENATE OR HOUSE OF REPRESENTATIVES TO TAKE AND SUBSCRIBE THE OATH HEREIN PRE SCRIBED, PREVIOUS TO THE TAKING OF HIS SEAT THEREIN. WHEREAS, by the Act entitled "An Act for establishing the Constitution of the State of South Carolina," passed the nineteenth day of Preamble. March last, it is enacted that no person shall be eligible to a seat either in the Senate or House of Representatives, unless he hath such qualifications VOL. IV.-58. |