A. D. 1779.

III. And be it further enacted by the authority aforesaid, That the commanding officers of the regiments of militia shall cause the recruits from their regiments, as soon as may be, after the receipt of their bounty, to be Disposal of delivered to any continental officer as may attend to receive them, or, in recruits. case no officer attends, to be marched to the head quarters of the army, wherever it may be, within this State or Georgia.

IV. And be it further enacted by the authority aforesaid, That no person shall, in future, be allowed to appoint a substitute in either of the continental regiments of this State, in order to excuse him from doing duty in the regiment of militia to which he belongs, or to exempt him or them from serving in any continental battalion for any offences against the militia laws of this State.

Substitutes.

be divided into three classes.

V. And be it further enacted by the authority aforesaid, That the whole militia of this State shall be divided into three classes, one of which shall The militia to always be required to hold themselves in readiness to march to such place as they shall be ordered, to do duty for two months from the time of their joining head quarters or arriving at the place of their destination, at the expiration of which time they shall be punctually relieved by another class, who shall also do duty for two months, and at the expiration of their time they shall be relieved by the third class, who shall serve for the like term, and they again shall be relieved by the first; and thus every class shall do equal duty in rotation; but that it shall and may be lawful for the commanding officer (in case he shall have particular occasion for their services) to detain any such class ten days over and above their two months, and no longer, in any case whatsoever.

empted from

VI. Provided always, and be it further enacted, That all licensed clergymen, and all schoolmasters having fifteen children or scholars under their Persons eximmediate tuition, shall not hereafter be draughted to serve; and that such militia duty. of their scholars as are under eighteen years of age, be, in like månner, exempted; except in case the State should be actually invaded, in that part thereof which may be so invaded shall not be exempted from being draughted to do duty in the militia, for the defence thereof.

millers exemp

VII. And be it also enacted by the authority aforesaid, That no person owning any ferry in this State, shall hereafter be exempted from militia duty Ferrymen and unless he shall constantly reside at such ferry; and that no person owning ted, on certain any grist-mill or mills, in this State, shall hereafter be exempted from conditions. militia duty, unless such person or persons, so owning the said grist-mill or mills, first obtain a certificate from the field officers, or a majority of them, in their respective districts, for his having permission to attend such mill or mills, and will actually attend accordingly, for the benefit of the public.

VIII. And be it further enacted by the authority aforesaid, That for the better accommodation of the militia, for the more regular and exact Paymasters and quarterpayment of such as may be actually on service, a paymaster be appointed masters to be to each regiment of militia, and one to the Charlestown battalion of artil-appointed. lery, to be chosen by the respective officers; which paymasters, upon their being so appointed, respectively, shall give bond in the sum of thirty thousand pounds, with two good securities, for the faithful performance of their office; that a daily pay of two dollars be allowed to each paymaster hereby appointed to the several regiments of militia and battalion of artillery in Charlestown, to be paid whilst the regiment is on actual duty; and that a quarter master be also appointed to each of the said regiments and to the said battalion, and that a daily pay of two dollars be allowed to each qurrter master so to be appointed, for every day the said quarter masters respectively shall be on duty.

A. D. 1779.

Proviso.

Limitation.

IX. Provided always, That nothing herein contained shall extend, or be construed to extend, to prevent any private man in the militia, who may be draughted to go out on duty, to exchange his tour of duty with any able-bodied man of the said troop or company of the militia, in either of the other two classes, to go out in his stead.

X. And be it further enacted by the authority aforesaid, That this Act, and every clause, matter and thing therein contained, shall continue and be of force for six months from the passing thereof, and from thence to 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 11th day of September, 1779.

CHARLES PINCKNEY, President of the Senate.

THOMAS FARR, Speaker of the House of Representatives.

No. 1138. AN ACT for raising the rates of Ferriage heretofore allowed by law to the proprietors of Ashley and Combahee Ferries; and for establishing several other Ferries, therein mentioned.

(Passed Sept. 11, 1779. See last volume.)

No. 1139. AN ACT to appoint and empower Commissioners to lay out, cut, sink, clean and keep clean and in repair, a cut or water passage from Ashepoo river to Pon-pon river, and from Ashepoo river to Chehaw; and for other purposes therein mentioned.

(Passed Sept. 11, 1779. See last volume.)

No. 1140. AN ORDINANCE FOR THE BETTER DEFENCE AND SECURITY OF THIS STATE, DURING THE RECESS OF THE GENERAL ASSEMBLY.

Preamble.

WHEREAS, in times of danger and invasion, it has always been the policy of republicks to concentre the powers of government in the hands of the supreme magistracy, for a limited time, to give vigour and despatch to the means of safety; and whereas, from the present situation of affairs within this State, it behoves us for our common safety to follow such example, and by such well-timed confidence in the servants 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 House of Representatives of the State aforesaid, now met and sitting in General

Governor and

Assembly, and by the authority of the same, That it shall and may be A.D. 1780. 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 Certain powers the passing of this ordinance, and during the continuance thereof, to vested in the embody, array, and dispose of, any part of the militia and Charlestown Council. battalion of artillery of this State; provided, that not more than one third part of the militia are drawn forth into actual service; unless those regiments of the militia in the parts immediately invaded, or within eighty miles thereof; 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 the advice of the Privy Council, shall make a proper provision for the family of any poor person who shall be draughted or ordered to take the field, 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.

ceedings of the

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 May stop venadvice and consent of the Privy Council, when it shall appear to them dues and pronecessary, to restrain or put a stop to all vendues and commercial trans- court of comactions, and to the proceedings of the court of common pleas, for such mon pleas. time as they may judge requisite, and to exert any means for effecting the same; 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.

Governor may

III. 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 erect forts, proadvice and consent of the Privy Council, to erect or repair and garrison vide military forts and fortifications, for the defence of the frontiers and other parts of stores, &c. this State; and also to build, purchase or hire, and equip and man vessels, for the 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, and on board the public gallies or vessels, or in any other manner which may be necessary, and to allow such pay and bounty as they shall think proper; and to lay up, in safe places, magazines of provisions and military 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, except taking away the life of a citizen without legal trial. Provided, it does not extend to subject the militia to articles of war for the regulation of the Continental or State troops.

search to be

visions concealed.

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 May cause advice and consent of the Privy Council, if it shall be judged requisite for made for prothe public service, by warrant or order under the Governor's hand, to cause any ships, vessels, shops, storehouses, cellars, or other suspected places, by forcing locks, bars and fastenings, to be searched, where it may be suspected any stores of necessaries are stored or 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 at the prices then current. 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 And draw on the treasury being, with the advice and consent of the Privy Council, from time to time, 'for any sums to draw on the treasury of this State for any sum or sums of money which necessary. 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

VOL. IV.-64..

A. D. 1780.

the Council not

execution of any such powers the public faith is hereby pledged, and this State made liable.

VI. And be it further ordained by the authority aforesaid, That if at any A quorum of time a quorum of the Privy Council of this State cannot be assembled as attending, the expeditiously as any emergency may require, it shall be lawful for the members pres- Governor or Commander-in-chief for the time being, to carry into execuent may trans- tion, with the advice of such of them as can be convened, the powers and authorities given by this Act, or any other Act or ordinance; any law or ordinance to the contrary in any wise notwithstanding.

act business.

General issue may be pleaded.

The battalion of artillery to be under the command of the Governor.

Limitation.

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 sha!l 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 the militia of this State.

IX. And be it further ordained by the authority aforesaid, That this ordinance, and every matter therein contained, shall be of force and continue 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 third day of February, 1780.

CHARLES PINCKNEY, President of the Senate.

THOMAS FARR, Speaker of the House of Representatives.

No. 1141. AN ORDINANCE TO ENTITLE SUCH PERSONS AS SHALL PLACE ANY SUM OF MONEY IN THE PUBLIC TREASURY OF THIS STATE, OR WHO SHALL SUPPLY THE PUBLIC WITH ANY PROVISIONS OR OTHER NECESSARY ARTICLES, IN PART PAYMENT OF HIS OR HER NEXT TAX, TO AN INTEREST, AT THE RATE OF TEN PER CENTUM PER ANNUM, ON THE SAME.

Preamble.

WHEREAS, many people may be desirous of advancing money to the treasury of this State, in payment or part payment of their next tax or

taxes;

I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Interest allow authority of the same, That if any person or persons shall voluntarily advance and pay any sum or sums of money, on account of his, her or their next tax, to be imposed by the Legislature of this State, the commissioners of the public treasury are hereby directed and required to receive the same, and to give a receipt or receipts for the sum or sums so to be paid,

ed on money

advanced for taxes.

which receipt or receipts shall be allowed as so much in discount from the A. D. 1780. next tax or taxes such person or persons shall be liable to pay; and that an interest of ten per cent. per annum be allowed on a!l sums which may be paid into the treasury by virtue hereof; provided, such advanced payments shall not be less than four hundred pounds current money; and in case of the death of any such person or persons before the time limited for the payment of such tax or taxes, the heirs, executors or administrators of such deceased person shall be allowed the same advantage.

II. And be it further ordained by the authority aforesaid, That all and every person and persons who shall supply the officers who may be ap- Supplying the pointed by his Excellency the Governor, with the advice and consent of officers with provisions, in the Privy Council, with any kind of provisions or other necessary articles, payment of the for the public use, and are willing the price of the same shall be appropri- next taxes. ated to the payment or part payment of his, her or their next tax or taxes, every such person and persons, they, their heirs, executors or administrators, as aforesaid, shall not only be allowed the then current price, but shall receive, from the public of this State, interest, at the rate of ten per cent. per annum, for the amount of his, her or their account, from the time such provisions or other necessary articles are so supplied until the said tax shall become due; and the same, upon producing a certificate thereof signed by any one of the said officers, shall be allowed by the assessors and collectors as so much in discount from the next tax or taxes such person or persons shall be liable to pay.

Ratified by the General Assembly, in the Senate House, the twelfth day of February, 1780.

CHARLES PINCKNEY, President of the Senate.

THOMAS FARR, Speaker of the House of Representatives.

AN ORDINANCE FOR LAYING ON A GENERAL EMBARGO, FOR THE No. 1142.

TIME THEREIN LIMITED.

WHEREAS, for many weighty and obvious reasons, it is absolutely

necessary that a general embargo should be immediately laid on the trade Preamble. of this State;

I. Be it therefore 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 from and after the passing this ordinance, and A general emduring the continuance and operation thereof, it shall not be lawful for any bargo laid. ship, boat or vessel whatsoever, to sail or depart from any port, inlet, river, creek or harbour of or in this State, for or to any part or place whatsoever out of the same.

II. And be it further ordained by the authority aforesaid, That this ordinance shall continue and be of force, for, during and until the first day of Limitation of April next ensuing, unless his Excellency the Governor or Commander- the same. in-chief for the time being, by the advice and consent of the Privy Counci!, shall think it expedient and necessary for the public service, by procla mation, to suspend the execution and operation thereof on any article of merchandize, and for any part of the time hereinbefore limited, which, in such case, they are hereby fully authorized, impowered and directed to do.