A. D. 1779. sions made therein, which shall be marked on the cover to denominate to what jury they belong, and any one or more of the said judges, out of the persons appointed to serve on juries as aforesaid, shall cause to be drawn a grand and petit jury and jury for civil causes, to serve at the next court to be holden for the said district of Ninety-Six; which drawing shall be at the court-room, in the State-house in Charlestown, on or before the first day of March next, between the hours of ten in the forenoon and two in the afternoon, by a child under the age of ten years, agreeable to the usual practice of drawing juries. III. And be it further ordained by the authority aforesaid, That the juries so drawn shall be summoned, returned, and impanneled to serve at the Juries so drawn said court for the district of Ninety-Six, to be holden on the twenty-sixth competent and legal. day of April next, and shall be held, reputed, taken and deemed in law to all intents and purposes whatsoever, as competent and legal, and all their acts and verdicts of as full force, validity, and effect, as if the jury had been drawn at the same time and place prescribed by any former law, rule, usage, or practice of the said court; any law, usage, orcustom to the contrary thereof in any wise notwithstanding. Drawing jurors. Holding courts when courthouses are burnt. New jury list for Cheraws. IV. And be it further ordained by the authority aforesaid, That from and after the first drawing of the jury in manner and form as aforesaid, for holding the next court at Ninety-Six, on the twenty-sixth day of April next, the jury thereafter, from time to time, out of the list hereby established, shall be drawn, summoned, returned and impanneled agreeable to, and in manner and form, and at the times and places directed and prescribed by the act called the circuit court act, or any other acts in force relative thereto, any thing herein contained to the contrary notwithstanding, and shall be entitled to all privileges, and subject and liable to all the duties, fines, pains, and penalties, which are allowed, enjoined, and inflicted by the laws of this State on jurymen. V. And whereas the court-house at Camden was lately burnt, and the judge or judges going that circuit, cannot by law hold the courts for Camden district at any other place; Be it therefore ordained by the authority aforesaid, That the said judge or judges, until a court-house is built for the said district, shall and may hold the said courts at such place or places in the town of Camden, as he or they shall think proper; and if at any time hereafter, any other of the court-houses in the several districts of this State should be burnt or destroyed, it shall and may be lawful for the judge or judges going circuit, to hold the court for such district respectively, until a new courthouse can be built, at any other house they may think proper, at or near the place where the court-house for such district now stands. VI. And whereas, the jury list for the district of Cheraws, hath, through some defect in the jury box, been so intermixed, that juries cannot be regularly drawn or impanneled agreeable to law; Be it therefore ordained. by the authority aforesaid, that the judge or judges who shall next go on the northern circuit, is and are hereby authorized and required, from the jury list established for the said district, by an act passed the twentyeighth day of March last, to make and prepare a new jury list, and distribute the same into the different divisions of the jury box aforesaid, from which list juries for the said district shall in future be drawn. Ratified by the General Assembly, in the Senate House, the twentieth day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. (List of names omitted.) A. D. 1779. AN ORDINANCE TO PREVENT PERSONS WITHDRAWING FROM THE DE- No. 1124. FENCE OF THIS STATE TO JOIN THE ENEMIES THEREOF. WHEREAS, it is absolutely necessary in well regulated Governments, that every person who has received protection from, should be aiding and assisting in defence of the State wherein he lives; and whereas, several persons, inhabitants of this State, forgetting their allegiance thereto, have gone over to the enemy, treacherously to bear arms against their country, although their families remain peaceably under the protection thereof; therefore, to prevent such criminal conduct in future, Preamble. enemy declared I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That if any person or persons, from and after passing this Joining the ordinance, shall withdraw him or themselves from the defence of the State, and attempt to join the inveterate enemies of the same, or shall ac- treason. tually go over to them, every such person and persons shall be declared guilty of treason against the State, and upon conviction thereof in any of the courts of general sessions of the peace, oyer and terminer, assize, and general goal delivery, in this State, or in any special court of oyer and terminer, to be held by virtue of an ordinance passed the thirtieth day of February, one thousand seven hundred and seventy-nine, shall suffer death as a traitor, without benefit of clergy; and the estate of such person or persons, real and personal, shall be confiscated and forfeited for and to the use of the State. II. And be it further ordained by the authority aforesaid, That if it shall appear to the Governor or Commander-in-chief for the time being, on the oath of two creditable witnesses, that any person or persons, hath or have Governor may issue proclawithdrawn himself or themselves from this State and joined the enemies mation. thereof, it shall and may be lawful to and for the Governor or Commanderin-chief to issue his proclamation, thereby requiring every such person or persons to return to this State, and surrender himself or themselves to some magistrate thereof, within forty days after the issuing of such proclamation; and in case of his or their non-appearance within the time aforesaid, he or they shall be deemed outlawed, and all the estate, real and personal, of such person or persons, shall be sold by proper persons for that purpose to be appointed by the Governor or Commander-in-chief, and the moneys to arise therefrom deposited in the public treasury of this State, there to remain for the disposal of the Legislature thereof. sons to be sent III. And be it further ordained by the authority aforesaid, That the Governor or Commander-in-chief for the time being, is hereby authorized Families of and required to appoint one or more commissioner or commissioners, for convicted perthe sale of such estates, and to cause the families, or such of the families away. of every absentee outlawed as aforesaid, to be sent off without delay, if it shall appear upon trial, to be duly had, at any of the courts of sessions, oyer and terminer, assize, and general delivery, on a bill of indictment, that the remaining of such person or persons in this State shall be dangerous to the safety of the community. IV. And be it further ordained by the authority aforesaid, That all and Construing 3d singular the matter and things in the foregoing clause contained, shall be clause of construed to extend to the families of such persons as have been sent off, this act. or have quitted, or shall quit this State for having refused or neglected to take the oath or oaths required by any act or ordinance of the Legislature of this State. A. D. 1779. Limitation. V. And be it further ordained by the authority aforesaid, That this ordinance shall continue and be of force for six months, and from thence to the end of the then next sitting of the General Assembly, and no longer. Ratified by the General Assembly, in the Senate House, the twentieth day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. No. 1125. AN ORDINANCE FOR PROHIBITING THE EXPORTATION OF ALL KIND OF PROVISIONS, HEMP, CORDAGE, RAW HIDES, TANNED LEATHER, SALT, BUTTER, AND TALLOW, From this, State to a certain time; and for other pur POSES THEREIN MENTIONED. WHEREAS, it is expedient that an embargo should be laid on all Preamble. kind of provisions, hemp, cordage, tanned leather, raw hides, and salt, for a limited time; I. Be it therefore ordained, by the honorable the Senate and House of Representatives of the said State, now met and sitting in General AsArticles not to sembly, and by the authority of the same, That it shall not be lawful for be exported. any person or persons, on or before the first day of October next, to ship, lade or receive on board any ship, vessel, or boat, in order to be exported, any hemp, cordage, tanned leather, raw hides, salt, or tallow, or any rice, Indian corn, peas, flour, biscuit, wheat, rye, small rice, beef, pork, bacon, butter, or any other kind of provisions whatsoever, (such only excepted as shall be necessary for the next intended voyage of such ship, vessel, or boat.) Penalty, and mode of trial. Ships not to be II. And be it further ordained by the authority aforesaid, That if any person or persons shall lade on board any ship, vessel, or boat, any of the articles hereby prohibited, with intent to carry the same out of this State, every such person, and all such persons, shall forfeit the same; and the owner or owners, shipper or shippers, of the said goods, shall forfeit treble the value thereof, to be recovered in any court of record in this State, by action of debt, bill, or plaint, or in the court of admirality of this State; which said court is hereby authorized and empowered to have jurisdiction in every such cause, and to proceed to determine the same agreeable to the directions of the act of the General Assembly entitled "An Act to empower the court of admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, and to establish the trial by jury in the said court, in cases of capture, and for other purposes therein mentioned," passed the thirteenth day of February, one thousand seven hundred and seventyseven, one moiety of which fines and neat amount sales of the goods hereby forfeited shall be paid into the public treasury of this State, and the other moiety thereof to him, her, or them, who shall inform and sue for the same. And every captain or master of the ship, vessel, or boat, on board of which such goods shall be shipped, shall, on conviction thereof, be imprisoned for the space of six months, without bail or mainprize. III. And whereas it is usual to lade on board ships, vessels, and boats, lyladen without ing in the harbors of Charlestown and Georgetown, and other ports in this State, sundry goods, wares, and merchandise, for the purpose of storing the a permit. Collectors can grant permits. same, whereby the embargo now laid may be evaded, unless the same be A. D. 1779. done under particular restrictions; Be it therefore ordained, by the authority aforesaid, That it shall not be lawful for any person or persons to lade on board of any ship, vessel, or boat, any of the said enumerated goods for the purpose of storing the same, unless a permit be first had and obtained for the same, from the collector of the port wherein such goods shall be laden, or of the nearest port thereto, who shall take bond, with a sufficient security, in treble the value of such goods, that the same shall not be exported or carried out of this State, in violation of the embargo hereby imposed. mit. IV. And be it further ordained by the authority aforesaid, That all the goods, wares, and merchandise above enumerated, which may have been Procuring perladen on board of any ship, vessel, or boat, shall be relanded within ten days after the passing of this ordinance, under all the forfeitures and penalties above mentioned, unless the owner or owners, shipper or shippers thereof, shall procure a permit and give bond with security, as above mentioned: Provided that nothing herein contained shall extend, or be con- Proviso. strued to extend, to prevent the Governor and Commander-in-chief, by and with the advice and consent of the Privy Council, from permitting any person or persons to export any of the articles above enumerated, on account of the United States, this State, or for the navies and armies of the allies of the United States. V. And be it further ordained by the authority aforesaid, That it shall Oath. and may be lawful to and for the several collectors of the custom-houses in the ports of this State, to administer the usual oath or oaths, to captains or masters of vessels which may be cleared out at their respective offices. Ratified by the General Assembly, in the Senate House, the seventh day of August, 1779. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. AN ORDINANCE TO EMPOWER THE GOVERNOR OR COMMANDER-IN- No. 1126. TO TAKE UP AND CONFINE ALL PERSONS WHOSE GOING AT LARGE MAY EN- WHEREAS, it is necessary, in time of invasion, that the hands of the Preamble. Executive should be strengthened; finement. I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Power of arauthority of the same, That from and immediately after the passing of rest and conthis ordinance, it shall and may be lawful for the Governor or Commanderin-chief, for the time being, by and with the advice and consent of the Privy Council, by warrant under his hand, to keep and detain in custody all such persons as are now in confinement, and to arrest, secure, and commit to safe custody all such persons as now are in, or hereafter shall come into, this State, whose going at large may, in the opinion of the said Governor or Commander-in-chief and Privy Council, endanger the safety of the said State. II. And be it further ordained by the authority aforesaid, That it shall A. D. 1779. No bail to be granted. Proviso. Limitation. who not be lawful for the court of general sessions of the peace, or any judge, Ratified by the General Assembly, in the Senate House, the thirty-first CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. No. 1127. AN ORDINANCE FOR APPOINTING A NEW JURY LIST FOR THE DISTRICT OF CHERAWS, AND TO IMPOWER ANY ONE OF THE JUDGES, OUT OF THE SAME, TO DRAW A GRAND, PETIT, AND COMMON PLEAS JURY, TO SERVE AT THE COURTS OF GENERAL SESSIONS AND COMMON PLEAS, NEXT TO BE HOLDEN FOR THE SAID DISTRICT, AFTER THE PASSING OF THIS ORDINANCE; AND FOR RAISING THE FINES FOR THE NON-APPEARANCE OF JURORS; AND FOR OTHER PURPOSES THEREIN MENTIONED. Preamble. Juries to be drawn for the district of Cheraws. WHEREAS, the jury lists made out for the district of Cheraws, by virtue of an Act passed the twenty-eighth day of March, one thousand seven hundred and seventy-eight, hath lately been taken out of the jury box and destroyed by some evil disposed person; 1. Be it ordained, by the honorable the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of grand jurymen for the district of Cheraws," shall be drawn by ballot, impannelled, summoned, and obliged to serve on all grand juries at the circuit courts to be holden hereafter for the district of Cheraws; and the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of petit jurymen and jurymen in civil causes," shall be drawn by ballot, impannelled, summoned, and obliged to serve on all petit and other juries and inquests whatsoever for the said district of Cheraws; and that the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of special jurymen," shall be summoned, returned, and obliged to serve as |