A. D. 1784. No. 1203. Preamble. Gen. Marion AN ORDINANCE FOR APPOINTING BRIGADIER GENERAL FRANCIS WHEREAS, the Legislature is desirous of giving Brigadier General Francis Marion a suitable testimony of their approbation and gratitude for the eminent services which he has rendered this State; I. Be it therefore ordained, by the honorable the Senate and House of Representatives of the State of South Carolina, in General Assembly met, appointed com- and by the authority of the same, That Brigadier General Francis Marion mandant of fort be, and he is hereby appointed, Commandant of Fort Johnston, in the State aforesaid. Johnston. Salary £500 sterling per annum. II. And be it further ordained by the authority aforesaid, That the said Francis Marion, during his said command, shall be entitled to a salary, to be paid quarterly, of five hundred pounds sterling per annum, in lieu of all fees which were formerly taken by the commandant of that fort. In the Senate House, the tenth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1204. AN ORDINANCE for laying out a Road, from the public road to New River Bridge, Granville County, to May River Head. (Passed March 10, 1784. See last volume.) No. 1205. AN ORDINANCE FOR CONSTITUTING A BOARD OF NAVAL OFFICERS FOR THE TRIAL OF CAPTAIN JOHN JOYNER; AND ENQUIRING INTO THE CAUSE OF THE LOSS OF THE FRIGATE CALLED THE SOUTH CAROLINA. Preamble. appointed. WHEREAS, it is necessary that a formal enquiry be made, pursuant to the forms established by the custom of war, into the cause of the loss of the ship South Carolina, and it being also requested by Captain John Joyner, who commanded the said ship when she was lost, that his conduct should be investigated, and that a board of naval officers should be appointed to hear and determine on the same; but as the officers who held commissions in the navy of this State have, since the establishment of peace, resigned their respective commissions, it is necessary, in order to form such board, to appoint such officers as commissioners for the purposes aforesaid; I. Be it therefore ordained, by the honorable the Senate and the House Commissioners of Representatives of the State aforesaid, in General Assembly met, and by authority of the same, That Captain Robert Cochran, Captain David Lockwood, Captain Stephen Seymour, Captain William Hall, Captain Jacob Milligan, Captain John Haller, Captain Simon Tufts, Captain A. D. 1784. Charles Crowley and Lieutenant John Mayrant, be, and they are hereby appointed, commissioners, and authorized to sit as a board of officers, or To constitute a court martial, and to enquire into, hear, and finally determine upon, every court martial. matter and thing whatever respecting the loss of the ship South Carolina, and the conduct of Captain Joyner, who commanded the said ship at the time of her being lost, pursuant to the rules and articles established for the government of the navy of this State, and the forms and practice of a court martial; and the sentence of the said commissioners shall have equal force and validity, and in all respects operate in the same mauner, as the sentence of a regular court martial. commissioners. II. And be it further ordained by the authority aforesaid, That the said commissioners, appointed by this ordinance, are hereby authorised and Power of the empowered to administer all the necessary oaths to any witnesses they may examine in their enquiry into the matters aforesaid to be determined by them, and to appoint a judge advocate for conducting the proceedings of the said court; and that the said commissioners, together with the judge advocate, shall severally, before they enter into the business of such enquiry to be made as aforesaid, take the following oath: "I do swear Oath to be that I will diligently and impartially, without fear, favour or affection, en- taken by them. quire into, hear and determine upon all matters and things to be brought before this board to be enquired into, according to my conscience and the best of my skill and knowledge: So help me Gnd." Governor. III. And be it further ordained by the authority aforesaid, That the commissioners herein appointed shall sit for the purposes of their appoint- Commissioners ment immediately after the passing this ordinance, and shall have power to make their to adjourn from time to time, proceeding in the said business with the report to the least possible delay, and immediately after such enquiry shall be finished report their determination on the same to the Governor of this State. IV. And be it further ordained by the authority aforesaid, That if any of the said persons shall refuse to act, or absent himself without leave of Penalty on neglect or refusal the court, before they agree in their opinion on the case referred to them, to act. every such person or persons so refusing to act or absenting himself, as aforesaid, shall be liable to a fine of one hundred pounds sterling, to be sued for and recovered in the court of common pleas, by the attorney general, and to be levied by warrant of distress, under the hand and seal of any one of the judges of the said court, by sale of the offender's goods, or, where no goods can be found, by an attachment against the body of such offender. V. And be it further ordained by the authority aforesaid, That the said Allowance to commissioners and the judge advocate shall be allowed the sum of twenty commissioners. shillings per day each, during the time they shall be so employed in hear ing and determining the matter hereby referred to them. In the Senate House, the tenth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. 1 JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. A. D. 1784. No. 1206. AN ACT FOR ESTABLISHING THE MODE and CONDITIONS OF SURVEYING AND GRANTING THE VACANT LANDS WITHIN THIS State. Preamble. Lands to be granted. Privileges granted to per sons having located and set tled lands. WHEREAS, the granting of the vacant lands of this State will be greatly conducive to its strength and prosperity, by increasing the agriculture and population thereof: I. Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all the lands lying and being to the northwest of the ancient boundary line heretofore established between the Cherokee nation of Indians and this State, running from Savannah river north fifty degrees east, to Reedy river, and then due north until it intersects the North Carolina boundary, shall be granted and sold for the sum of ten pounds sterling for every hundred acres, in the manner and form, and under the several regulations and restrictions hereafter mentioned. II. And be it further enacted by the authority aforesaid, That any person or persons who have located lands within the ancient limits of this State, on or before the first day of January, one thousand seven hundred and seventy-five, on warrants of survey legally obtained, and were prevented from procuring grants for the same, by the abolition of the British Government, or other good and sufficient causes, which shall appear upon oath to be made before the commissioner of locations of the district where such lands were located within six months after the passing of this Act, shall be, and they are hereby, entitled to grants for the said lands; and that any person or persons who have settled vacant lands within the ancient limits of this State, and have been prevented by the aforesaid reasons from surveying and obtaining grants for the same, shall be, and they are hereby entitled, for the term of six months, to the preference of the said settled lands; and that all lands coming within the above description, and also all other vacant lands within the limits of this State, shall be granted and sold for the sum of ten dollars per one hundred acres. III. And be it further enacted by the authority aforesaid, That a comCommissioner missioner of locations shall be appointed in each circuit court district, who of locations to shall take and receive the original entry of all vacant lands lying and bebe appointed in each circuit ing within the ancient boundaries of such district, except for the district court district. of Ninety-Six, where two commissioners, shall be appointed, one to reside His duty. on the north side of Saluda river, and the other to reside on the south side of the same river, and which said river shall be the division line between the said two commissioners, for which a warrant of survey shall be demanded, and shall thereupon issue such warrant of survey directed to some deputy surveyer, authorizing and requiring him, within two calendar months from the date of such warrant, to lay off and locate the lands directed to be surveyed; which said warrant, when executed, together with a true and correct plat of the survey, shall be received by the said commissioner, who shall make a fair record of the same, and within three months after such return shall transmit the original plat to the office of the surveyor general of the State for the time being, where the same shall be delivered. IV. And be it further enacted by the authority aforesaid, That each and To be appoint- every of the said commissioners of locations shall be appointed in the ed in the same same manner as the surveyor general is by law to be appointed, and shall veyor general. enter into bond for the faithful discharge of his duty, together with two manner as sur Oath. eral to make grants to be good and sufficient securities, in the full and just sum of ten thousand A. D. 1784. pounds sterling, payable to the treasurers of this State, and shall also, at the same time, before some magistrate, take and subscribe the following oath of office: "I, A B, do hereby solemnly swear or affirm that I will well and faithfully execute the office of commissioner of locations for the district of, without giving a preference to any through favor, fear, or reward, according to the best of my skill and ability. So help me God." V. And be it further enacted by the authority aforesaid, That the sur-Surveyor genveyor general of this State, on the return of the entry and plat of survey plats of land to his office from the office of commissioner of locations, shall make out a surveyed, and plat of the lands surveyed as aforesaid, and record and transmit the same, a record of plats and certified, to the office of the secretary of the State, who shall cause a grant to be prepared for the same, and the great seal affixed thereto, and shall, kept. within three months thereafter, cause a fair record of all such grants to be made and kept in his said office, with alphabetical indexes; and on every third Friday in the months of January, April, July, and October, the said secretary of the State on the said days respectively, shall lay before his Grants to be Excellency the Governor for the time being, all such grants by him pre-signed by the pared as aforesaid, who is hereby empowered and directed to sign the same, and thereupon deliver them to the said secretary of the State, to be delivered to the respective grantees, or to their order: Provided, neverthe- Proviso. less, that in all cases, previous to the signing of the said grants, where there shall appear to be fraud or collusion in the any of the said entry, progress warrant, and survey, the Governor or Commander-in-chief for the time being, and any five members of the Privy Council, shall have full power and authority to cause all parties to appear before them, and without delay in a summary manner decide in such as to justice and equity shall appertain. Governor. bond and take VI. And be it further enacted by the authority aforesaid, That the said surveyor general shall enter into bond for the faithful discharge of his duty, Surveyor genwith two good and sufficient securities, in the same sum, payable in the eral to give same manner, and shall also take and subscribe the same oath or affirmation, an oath. before the secretary of this State, in the presence of his Excellency the Governor, as is hereinbefore prescribed to be entered into and taken by the several commissioners of locations to be appointed as aforesaid, which bond and oath of affirmation shall be thenceforth recorded in the seretary's office. veyors to be VII. And be it further enacted by the authority aforesaid, That the surveyor general shall have full power and authority to appoint such and Deputy surso many deputy surveyors in each of the said districts, as he may judge appointed, not sufficient, not exceeding six for each district, for executing all such war- exceeding six rants of survey as shall be to them directed by the respective commissioners of locations, for whose conduct in office the said surveyor general shall be responsible both to the State and to the party grieved; any thing herein contained to the contrary notwithstanding. in each district. an oath. VIII. And be it further enacted by the authority aforesaid, That the said deputy surveyors of the respective districts shall take the same oath or Deputy suraffirmation of office on their appointment, and in the same manner, as is veyors to take hereinbefore prescribed to be taken by the commissioners of locations, before they shall be qualified to locate any warrant of survey, under the penalty of being forever disabled to act in the said office, and shall also, Their duty. within three calendar months from the date and delivery of all warrants of survey to them directed, well and faithfully locate and survey the same, and return a fair and correct plat thereof to the office of commissioner of locations, from whence the same had issued; and the said deputy surveyors A. D. 1784. Oath. Warrants not be null and void. are hereby required, authorized, and empowered, to administer the following oath to the chain-carriers, to wit: "I, A B, do solemnly swear or affirm that I will well and truly execute the employment of chain-carrier, without favor or affection." IX. And be it further enacted by the authority aforesaid, That all such paid for within person or persons who shall obtain warrants of survey, and shall fail to pay 3 mouths shall into the treasury the moneys or treasury indents herein prescribed to be paid and received for all lands to be granted under and by virtue of this Act, within three months after the plat of survey shall be returned to the surveyor general by the respective commissioners of locations, all such warrants of survey are hereby declared to be null and void, and the lands shall be granted to any person or persons who shall apply for the same, and fulfil the conditions on which the said lands were to have been originally granted: Provided, nevertheless, that where a certificate is produced of an account unsettled in the hands of the auditor general, the person producing the certificate shall have a credit for six months longer, for the amount of his account, on paying interest for the purchase money from the date of his grant. Proviso. No warrant to be had for acres. X. And be it further enacted by the authority aforesaid, That no person whatsoever shall obtain a warrant of survey for more than six hundred more than 640 and forty acres, and that to be laid in one body, except confined by lines, or shall acquire, hold, or possess, under and by virtue of this Act, in his own right or in the right of another, either directly or indirectly, a larger quantity than is above mentioned; and all warrants and grants obtained, and evading or tending to evade, the true intent and meaning hereof, are hereby declared to be surreptitiously and fraudulently obtained, and shall be null and void. ing for a warrant to take an oath, XI. And be it further enacted by the authority aforesaid, That every Persons apply person who shall apply for a warrant of survey shall, previous to his obtaining the same, take the following oath or affirmation, to wit: "I, A B, do swear or affirm, that I have not heretofore applied for, or obtained from this or any other office in the State, under or by virtue of this Act, either in my own name, or in the name of any other person, any warrant or warrants of survey, for more than six hundred and forty acres of land. So help me God." Which said oath or affirmation shall be administered by the surveyor general, or any one of the commissioners of locations; which said oath or affirmation shall be sent to the respective commissioners of locations in their said offices, before any warrant of survey shall issue for the same. cant lands on navigable streams. XII. And be it further enacted by the authority aforesaid, That on all Laying off va creeks or rivers, navigable for shipping or boats, whereon any vacant lands shall lie, the deputy surveyors shall, and they are hereby directed to, lay off the same by measuring four chain back from such river and creek for every one fronting on and bounded by the same; and all surveys not made and regulated by this rule, and any grants which may be obtained thereupon, are hereby declared to be null and void to all intents and purposes. Treasury in dents a legal tender for lands. Fees to the XIII. And be it further enacted by the authority aforesaid, That all treasury indents of money due and payable by this State to individuals, shall, and they are hereby declared to, be lawful tender at the treasury, as so much money, in payment of all moneys accruing and to become due to this State for lands hereby directed to be granted and sold; any thing herein contained to the contrary notwithstanding. XIV. And be it further enacted by the authority aforesaid, That the following fees, and no other, shall be demanded or taken by the secretary surveyor gene- of the State, surveyor general, commissioners of locations, and deputy ral, &c. |