A. D. 1770. AN ACT for raising and granting to his Majesty the sum of seventy No. 990. thousand three hundred and twenty-six pounds seven shillings and two pence, and applying the sum of thirty-six thousand five hundred and eighty-two pounds thirteen shillings and two pence, being the balance of several funds in the public treasury, making together the sum of one hundred and six thousand nine hundred and nine pounds and four pence, to defray the charges of this Government from the first day of January to the thirty-first day of December, one thousand seven hundred and sixty-eight, both days inclusive, and for other services therein mentioned. (Passed August 23, 1769.) NOTE. -The substance of this Act, (15 folio MS pages,) is omitted, as containing no matter of present moment. AN ACT for laying out and establishing several new Streets in the north- No. 991. west parts of Charlestown, and for building a new parsonage house for the parish of St. Philip, Charlestown, and for impowering the Vestry and Churchwardens of the said parish, for the time being, to lay out part of the glebe land of the said parish in lots, and to let the same out on building leases; and for other purposes therein mentioned. (Passed April 7, 1770. See last volume.) AN ACT for establishing a Ferry over Saludy River, at the lands of No. 992. Robert Cunningham; and also another Ferry, over Savannah River, opposite to Augusta in Georgia; and appointing Commissioners to lay out, make and keep in repair several roads leading thereto. (Passed April 7, 1770. See last volume.) AN ACT for a Fish Market, and for preserving the Lamps in Charlestown. (Passed April 7, 1770. See last volume.) No. 993. AN ACT TO ENCOURAGE THE MAKING OF FLAX, LINENS AND THREAD No. 994. IN THIS PROVINCE. WHEREAS, the inhabitants of the interior parts of this Province have become of late very numerous, and as nothing can contribute more to the strength and riches of a country and a due subordination to Government, than giving encouragement to all settlers to cultivate various valuable and Preamble. A. D. 1770. useful commodities, we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq. Lieutenant Governor and Commander-in-chief in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Province, and by the authority of the same, That all persons who shall within the time appointed by this Act, make or cause to be made, in this Province, any of the articles hereafter mentioned, shall have and enjoy, as a reward or premium for such articles, after and according to the several rates as follows, fax, &c. raised viz: for every hundred weight of well dressed merchantable flax, reckoning five score to the hundred weight, twelve shillings proclamation for all good and merchantable linens and thread, a bounty after the rate of thirty pounds, for every hundred pounds of the true and real value of the said linens and thread. Premium on in this Pro vince. Inspectors appointed. Oath to be money; II. And be it further enacted by the authority aforesaid, That George Sheed, Esq. Aaron Loocock, William Banbury, Peter Bacot, William Parker, Hugh Swinton and Arthur Peronneau, for Charlestown; Paul Trapier, William Allston, Samuel Wragg, Anthony Bonneau and Thomas Godfrey, for Georgetown; Col. Nathaniel Barnwell, William Elliott, Thomas Rutledge, Samuel Grove and Henry Stuart, for Beaufort, Port Royal, shall be, and they are hereby, nominated and appointed inspectors of all such flax, linen and thread, as shall be made in this Province, and they, or any three of them, respectively, shall and may judge and determine whether such flax, linens and thread are of a quality to be entitled to the premiums given by this Act, and shall and may fix and ascertain the value of such linens and thread as are hereby entitled to a premium of thirty per cent. on the true value thereof. III. And be it further enacted by the authority aforesaid, That no person whatsoever shall be entitled to the said bounty, unless he or she taken and cer- shall make oath before the said inspectors, or some one or other of them, tificat produced before the who are hereby impowered to administer such oath, and also the other bounty is paid. oath hereinafter mentioned, that he or she made in this Province the flax, linen or thread produced to such inspector, mentioning the weight thereof, and that neither he or she, or any other person before that time, had received any premium or bounty for the same; or unless such person or persons shall sign and make oath to a certificate before some known magistrate in the county where he resides, that he or she is the real owner of a quantity of flax, linen or thread, expressing the weight thereof, and that the same is of the growth, produce and manufacture of his or her plantation, mentioning the place where the same is situated in this Province, and that he or she hath either absolutely sold or delivered the same to another person, mentioning also the name of such person, and the port to which it is to be carried and sold or otherwise disposed of, on his or her account; and unless such person to whom the same is so sold or delivered shall produce such certificate, attested before a justice of the peace, and make oath before the said inspectors, or one of them, that the flax, linen or thread produced by him or her to such inspectors, is the flax, linen or thread so sold or delivered to him or her by the person making oath to such certificate as aforesaid, and that neither he or she or any other person before that time, had received any bounty or premium for the same; which said certificate shall be in the words and to the effect following, viz: Form of certificate. "I, A. B., of the parish of in county, do hereby weight of flax, linen or thread, and that the same is of the growth, produce and manufacture of my plantation, situated in county in this Province, and that I A.D. 1770. 66 The above certificate was signed and sworn to day of IV. And be it further enacted by the authority aforesaid, That if any person or persons shall take a false oath before any justice of the peace in In case of false this Province, in order to procure his attestation of such certificate or cer- swearing, penalty, &c. tificates of the growth of flax or making of linen or thread, all and every such person or persons shall be deemed and adjudged guilty, and shall suffer the pains and penalties of wilful and corrupt perjury; and every justice of the peace, planter or maker of flax, linen and thread, or other person who shall be guilty of any fraud in attesting, signing or swearing to such certificate, shall forfeit the sum of one hundred pounds proclamation money, to be recovered and applied as is hereinafter directed. treasurer. V. And be it further enacted by the authority aforesaid, That the public treasurer for the time being shall be, and he is hereby, obliged and Premiums to be required to pay the said premiums on flax, linen and thread, to the maker paid by public or makers thereof, or to the possessor or possessors of the certificate or certificates, to be sworn and attested as aforesaid, upon such maker's or possessor's producing to the public treasurer a certificate from the inspectors or any three of them, that such maker or possessor hath complied with the terms of this Act and is entitled to receive such bounty. recovered. VI. And be it further enacted by the authority aforesaid, That the penalty and forfeiture by this Act imposed, shall and may be prosecut- How penalties, ed, determined and recovered by action of debt, in his Majesty's court of &c. shall be common pleas in this Province, wherein no essoign, protection, privilege or wager of law, or more than one imparlance, shall be admitted or allowed; and the said penalty and forfeiture shall be applied, one moiety to his Majesty for the use of this Government, and the other moiety to him or them that will sue for the same. shall be filled. VII. And be it also enacted by the authority aforesaid, That in case any of the inspectors by this Act named respectively, shall happen to die, de- How vacancies part the Province or refuse to Act, then it shall and may be lawful for the other inspectors, or a majority of them for Charlestown, Georgetown and Beaufort respectively, to nominate and appoint another person or persons to be inspector or inspectors in the room of him or them so dying, departing the Province or refusing to Act, and the person and persons so chosen shall be invested with and have the same powers and authorities as the other inspectors hereby nominated and appointed. VIII. And be it further enacted by the authority aforesaid, That this Act and every thing therein contained shall continue and be of force, for Limitation. and during the term and space of five years, and from thence to the end of the next sessions of the General Assembly of this Province. P. MANIGAULT, Speaker. In the Council Chamber, the 7th day of April, 1770. Assented to: WM. BULL. A. D. 1770. No. 995. AN ACT for establishing a road from Orangeburgh Bridge to Indian Head, a road from Indian Head to the road which leads from the ridge to Augusta, another road from the ridge road to Long Cane Creek, another road from Long Cane Creek to Great Rockey Creek, and another road from Great Rockey to Mountain Creek, near Cuffee Town, and for declaring the road from Robert Goudy's at Ninety-Six, to the ridge, and from thence to the road to lead from the Indian Head to Long Cane, a public road. (Passed April 7, 1770. See last volume.) No. 996. AN ACT FOR ESTABLISHING A CHAPEL OF EASE ON EDISTO ISLand, In THE PARISH OF ST. JOHN, COLLETON COUNTY, AND ALSO A CHAPEL OF EASE IN THE UPPER PART OF THE PARISH OF ST. JOHN, BERKLEY COUNTY, AND FOR OBLIGING THE RECTORS OR MINISTERS OF THE RESPECTIVE PARISHES TO PERFORM DIVINE WORSHIP IN THE SAID CHApels. Preamble. WHEREAS, the inhabitants of Edisto Island, in the parish of St. John, Colleton county, have by their humble petition to the General Assembly set forth, that they live at a remote distance from their parish church, and have moreover a wide and rapid river to cross, whereby they and their families are sometimes exposed to great danger in going to the said church to attend the public worship of God, and therefore prayed that a chapel of ease may be built on the said Edisto Island, and that the rector or minister of the said parish of St. John, Colleton county, may perform divine worship therein; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of the said Province, and by the authority of the same, That Joseph Seabrook, Benjamin Jenkins, Commissioners John Seabrook, Christopher Jenkins and Joseph Fickling, be, and they chapel on Edis- are hereby, nominated and appointed commissioners for building a chapel to Island. of ease at some convenient place on Edisto Island, in the parish of St. John, Colleton county. for building a the Rector. II. And be it also enacted by the authority aforesaid, That the rector Duties, &c. of or minister of the said parish of St. John, Colleton county, shall be, and he is hereby, obliged and required to perform divine service at the said chapel of ease, when built, every sixth Sunday, provided, it happen not upon Easter Sunday, Whit Sunday or Christmas day, and in such case to preach on the next Sunday after, and from thence again on every sixth Sunday; provided always, that the expence of conveying the said rector or minister of the said parish, from the parsonage house on John's Island to the said chapel on Edisto Island, hereby directed to be built, and back again to the said parsonage house, shall be defrayed solely by the said inhabitants of Edisto Island. III. And whereas, the inhabitants in the upper part of the parish of St. John, Berkley county, have by their humble petition to the General Assembly set forth, that the church and chapel in the said parish are both at Commissioners the lower end of the said parish, and at too great a distance from them to A.D. 1770. attend divine worship at either of them, and therefore prayed that another chapel may be built in the upper part of the said parish, Be it therefore enacted by the authority aforesaid, That Henry Ravenell, Peter Gourdin, for building a Job Marion, Peter Whitten and Samuel Littell, be, and they are hereby, chapel in Berknominated and appointed commissioners for building a chapel of ease at ley county. or near the place known by the name of Markey's old field, in the said parish of St. John, Berkley county. IV. And be it also enacted by the authority aforesaid, That the rector or minister of the said parish shall be, and he is hereby, obliged and required to perform divine service every fifth Sunday at the said chapel, hereby directed to be built at Markey's old field; provided, that on every Easter Sunday, Whit Sunday and Christmas day that the rector or minister of the said parish do perform divine service at the said parish church. P. MANIGAULT, Speaker. In the Council Chamber, the 7th day of April, 1770. Assented to: WM. BULL. AN ACT FOR BUILDING A POWDER MAGAZINE AT HOBCAW POINT, AND No. 997. ANOTHER ON CHARLESTON NECK, AND FOR OTHER PURPOSES THEREIN MENTIONED. WHEREAS, by the great increase of the inhabitants and buildings in Charlestown, it is become too dangerous to continue the powder maga- Preamble. zine in the said town; we therefore pray his most sacred Majesty that it may be enacted, for, and con Ï. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief, by and with the advice and consent of his Majesty's Council and the Commons House of Assembly of this ProCommissioners vince, and by the authority of the same, That the Honorable Rawlins appointed to Lowndes, John Rutledge, Henry Laurens, Benjamin Dart, David Oli- purchase sites phant, John Poaug and Miles Brewton, Esquires, be, and they are hereby, tract for the appointed commissioners for purchasing a piece of ground at Hobcaw building of, new Point, and another on Charlestown Neck, not exceeding four miles distance magazines. from the said town, sufficient for building a powder magazine at each of the said places capable of containing forty thousand weight of gun powder, each, and enclosing the same with a substantial brick wall; and that the said commissioners shall, as soon as may be, contract and agree with the owners of the said land for the same, and with some proper person or persons for building and enclosing the said magazines, and causing the same to be done; and that in case the said commissioners and the owners of the said land cannot agree about the value thereof, that it shall be determined by a majority of three persons, one to be chosen by the said commissioners, another by the owners of the said lands, if they will nominate one, and if not, by the said commissioners, and the third by the two persons chosen as aforesaid, and the said land shall thereupon be vested in the public forever. II. And be it further enacted by the authority aforesaid, That the maga- Magazines to zines at Hobcaw Point and Charlestown Neck shall be under the care of depu- be under the charge of deputy powder receivers, to be appointed for each of the said magazines by the ty receivers. powder receiver for the time being, who shall be answerable for their con |