months from the passing of this Act, and from thence to the end of the next sitting of the General Assembly of this State, and no longer. Ratified by the General Assembly, in the Senate House, the 13th day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. No. 1117. AN ACT TO GIVE FURTHER TIME FOR TAKING THE OATH OR AFFIRMATION OF FIDELITY AND ALLEGIANCE TO THIS STATE. Preamble. Oath of alle. giance. WHEREAS, sundry persons now resident in this State have not yet given assurance of their fidelity and allegiance to the same, by taking the oath prescribed by law; and by an act passed the ninth day of October, one thousand seven hundred and seventy-eight, such persons were permitted to apply to the courts of common pleas in Charlestown, at February term, and to the several district courts in April next; but it hath so happened that a sufficient number of jurors not attending, no court hath been held in Charlestown, at February term, and, from the present situation of affairs, it may happen that the circuit courts in some of the districts may not be held in April next, whereby many persons may be deprived of the benefits intended by the aforesaid act; for remedy whereof, I. Be it therefore enacted, by the honorable the Senate and the House of Representatives of the said State, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful to and for the several field officers, captains, or subaltern officers of the different regiments and companies within this State, or either of them, or any judge or justice of the peace, to administer the oath or affirmation required by a late act of this State, passed the twenty-eighth day of March, By whom ad- one thousand seven hundred and seventy-eight, entitled "An Act to oblige every free male inhabitant of this State above a certain age, to give assurance of fidelity and allegiance to the same, and for other purposes therein mentioned," to any person or persons at present belonging to any regiment, company, or district, who may make application to take and subscribe the said oath or affirmation, on or before the first day of June next ensuing the passing of this act. ministered. cate. II. And be it further enacted by the authority aforesaid, That all and every person and persons authorized by this act to administer the said oath or affirmation, shall, upon the administration thereof, give to the perForm of certifi-son or persons taking and subscribing the same, a certificate in the words following: "I, do hereby certify that hath taken and subscribed the oath or affirmation (as the case may be) of allegiance and fidelity, as directed by an act of the General Assembly of South Carolina, entitled an act to give further time for taking the oath or affirmation of fidelity and allegiance to this State." Free citizen on subscribing to the oath. List of names to be sent to Governor. III. And be it further enacted by the authority aforesaid, That every person taking and subscribing the oath as before mentioned, shall be, and is hereby declared, a free citizen of this State, and entitled to the protec tion of the laws thereof. IV. And be it further enacted by the authority aforesaid, That each and every person hereby authorized to administer the oath as before directed, shall, under the penalty of two thousand pounds, return to the Governor or Commander-in-chief for the time being, on or before the first day of September next, the original list of the names of the persons who shall A.D. 1779. have taken and subscribed the oath before them respectively, as before di rected. Ratified by the General Assembly, in the Senate House, the seventeenth day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. AN ORDINANCE FOR AUTHORIZING THE GOVERNOR OR COMMANDER-IN- No. 1118. CHIEF FOR THE TIME BEING, TO EMBODY FOREIGNERS, RESIDENT IN THIS WHEREAS, many persons of foreign nations in alliance or amity with the United States, who are now in this State, have signified a laudable zeal to become useful in defence of this State, and others who may hereafter arrive in the same, if embodied in time of alarm under proper officers, may be rendered serviceable : Preamble. talion of for I. Be it therefore ordained, by the honorable the Senate and House of Governor auRepresentatives of the said State, now met and sitting in General Assem-thorized to bly, and by authority of the same, That if at any time hereafter during raise and comthe continuance of this ordinance there shall be such a number of foreign- mission a baters as aforesaid in Charlestown, or any other part of the State, as shall be eigners in indesufficient to form one or more independent companies, or one battalion of pendent cominfantry, the Governor or Commander-in-chief, with the advice of the Privy panies. Council, shall be, and is hereby empowered, if he shall deem it necessary, to distribute and form such foreigners into one or more independent companies, or a battalion, and to issue commissions for the appointment of proper officers for the same, allowing for each company one captain, one first lieutenant, one second lieutenant, four sergeants, four corporals, one drum, one fife, and not exceeding sixty privates; and for such battalion, if the same shall be deemed necessary, as aforesaid, one lieutenant colonel commandant, one major, one adjutant, one surgeon, two surgeon's mates, and one quartermaster; all which companies, or battalions, so constituted, shall be under the sole command of the Governor or Commander-in-chief for the time being, who may order rolls or returns of such foreign resi dents, by application to the French consul, or otherwise, to be made and returned, as often as he shall think necessary; and the officers and men Pay and rabelonging to the said companies, or battalion, shall be entitled to the same tions. pay, rations, and advantages, when on duty in time of alarm, and be under the same rules, regulations, fines, and penalties, as the militia of this State, subject, however, to be tried for all offences by their own officers only. 11. And be it further ordained by the authority aforesaid, That this To be in force ordinance shall continue and be in full force for six months from the pass-six months af ing thereof, and from thence to the end of the next meeting and sitting ofter its passage. the General Assembly, and no longer. Ratified by the General Assembly, in the Senate House, the seventeenth CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. A. D. 1779. No. 1119. AN ORDINANCE for raising and supporting a regiment of light dragoons for the public service. (Passed February 19, 1779. Too much obliterated to be copied.) No. 1120. AN ORDINANCE FOR THE BETTER DEFENCE AND SECURITY OF THIS State DURING THE RECESS OF THE GENERAL ASSEMBLY. Preamble. Authorizing the Governor to dispose of the militia. WHEREAS, in times of danger and invasion it has always been the policy of republics to concentre the powers of society in the hands of the supreme magistracy for a limited time, to give vigor and despatch to the means of safety; and whereas, from the present situation of affairs within this State, since passing of a late act for the alteration and amendment of the militia law, it behooves us, for our common safety, to follow such example, and by such well timed confidence in the service of the community, acting under the authority of the people, and amenable to them, defeat the tyrannical views of an ambitious and cruel enemy, and thereby preserve our peace, liberty, and happiness, and prevent the injuries of slavery and oppression: I. Be it therefore ordained, by the honorable the Senate and the House' of Representatives of the State aforesaid, now met and sitting in General Assembly, and by authority of the same, That it shall and may be lawful for the Governor or Commander-in-chief of this State for the time being, with the advice and consent of the Privy Council, at any time after the passing of this ordinance, and during the continuance thereof, to embody, array, and so to dispose of any part of the militia and Charlestown battalion of artillery of this State; and to form any camp or camps, in such manner as may most effectually and expeditiously counteract the designs and operations of our enemies, and tend to the public safety; and that the Governor or Commander-in-chief, with advice of the Privy Council, shall draughted per- make a proper provision for the family of any poor person who shall be draughted or ordered to take the field, during the absence of such person so to be draughted or ordered, in such manner as shall most readily relieve any such family from any distress or want by the absence of such person being draughted or ordered. Provide for fa milies of sons. Restrain all vendues and commercial transactions, II. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief, with the advice and consent of the Privy Council, when it shall appear to them necessary, to restrain or put a stop to all vendues and commercial transacand proceed- tions, and to the proceedings of the court of common pleas, for such time ings of court of, as they may judge requisite, and to exert any means for effecting the same, C. P. (provided this shall not extend to any person or persons who are about to depart this State, or to such who shall refuse to give sufficient security for his, her, or their just debts.) rison forts. III. And be it further ordained by the authority aforesaid, That it shall Repair and gar- and may be lawful for the Governor or Commander-in-chief, with the advice and consent of the Privy Council, to erect or repair and garrison forts and fortifications for defence of the frontiers and other parts of this State; and also to build, purchase, or hire, and equip and man, vessels for the A. D. 1779. visions. protection of the coasts; to embody any company or companies of seamen and mariners in the service of this State, to serve in forts, batteries, garrisons, or on board the public gallies or vessels, or in any other manner Embodying which may be necessary, and to allow such pay and bounty as they shall seamen and think proper; and to lay up in safe places, magazines of provisions and laying up promilitary stores; and to do all other matters and things which may be judged expedient and necessary to secure the liberty, safety, and happiness of this State: Provided, it does not extend to subject the militia to articles of war for the regulation of the continental or State troops; unless the militia law or laws now in force shall first be found insufficient by the Governor and Privy Council. public service. IV. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief, with the ad- Warrant for tavice and consent of the Privy Council, if it shall be judged requisite for king goods for the public service, by warrant under hand and seal, to cause any ships, vessels, shops, storehouses, cellars, or other suspected places, by forcing locks, bars, and other fastenings, to be searched, where it may be suspected any stores of necessaries are stored and concealed, which may be wanted for public service, and to seize and take them for the public use; which said articles so seized shall be paid for agreeable to the prices such and the like articles sold for on the ninth day of October last, allowing a reasonable storage for the same. V. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief for the time being, with the advice and consent of the Privy Council, from time to time to draw on the Treasury of this State for any sum or sums of money which may be requisite to carry into execution any of the powers and authorities given by this ordinance, and that for all expenses to be incurred by the execution of any such powers, the public faith is hereby pledged, and this State made liable. Expenses paid by the State. Power of the VI. And be it further ordained by the authority aforesaid, That if at any time the Privy Council of this State cannot be assembled as expedi- Governor. tiously as any emergency may require, it shall be lawful for the Governor or Commander-in-chief for the time being, to carry, in such case, the powers and authorities given by this or any other act or ordinance, into execution, without advising with such Council; any law or ordinance to the contrary in any wise notwithstanding. VII. And be it further ordained by the authority aforesaid, That if any person or persons shall be sued or molested, in any manner, for any matter, cause, or thing, done, or caused to be done, in pursuance of this ordinance, it shall and may be lawful for any such person or persons to plead the general issue, and give this ordinance and the special matter in evidence; and if the plaintiff or plaintiffs in any such suit shall suffer a nonsuit, discontinuance, or a verdict shall pass against such plaintiff or plaintiffs, he, she, or they shall pay treble costs of suit. VIII. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief to have and exercise, over the battalion of Charlestown artillery, all and every power and authority given him by any militia law or laws of this State, and the powers and authorities given in and by this ordinance, in like manner as over any of the militia of this State. Protection of the ordinance to persons. Power of the IX. And be it further ordained by the authority aforesaid, That this Limitation of ordinance, and every matter therein contained, shall be of force and con- ordinance. A. D. 1779. tinue until ten days after the next meeting and sitting of the General Assembly, and no longer. Ratified by the General Assembly, in the Senate House, the nineteenth day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. No. 1121. AN ACT TO REVIVE AND CONTINUE, FOR THE TIME THEREIN MENTIONED, THE SEVERAL ACTS AND CLAUSES OF ACTS OF THE GENERAL ASSEMBLY OF THIS STATE THEREIN PARTICULARLY MENTIONED ; AND то APPROPRIATE CERTAIN PENALTIES; AND TO CONFIRM THE POWER OF COMMISSIONERS OF ROADS, PATHS, BRIDGES, CREEKS, CAUSEYS AND WATER PASSAGES. Preamble. revived and continued. WHEREAS, several salutary and beneficial laws of this State 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 the Honorable the Senate and House of Representatives of the said State, now met and sitting in General Assembly, and by the authority of the same, That the several Acts and clauses Former Acts of Acts of the General Assembly of this State, 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 petty chapmen, and to prevent their trade 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 exaction 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 of this Colony," passed the fifth day of April, one thousand seven hundred and forty, with this alteration, that inasmuch as Fort Frederick has been dismantled, and another fort called Fort Lyttel ton built near Beaufort, and now garrisoned in the service of the State, that the commanding officer of the said Fort Lyttelton, for the time being, shall have and exercise the same powers and authorities that were given in and by the said recited Act to the commanding officer 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 preventing the stealing of negroes, or by an additional and explanatory 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 |