VI. And be it further enacted by the authority aforesaid, That this A.D.1776. Act shall continue and be of force for and during the term and space of two years from the passing thereof. 1 THOS. SHUBRICK, Speaker of the Legislative Council. JAS. PARSONS, Speaker of the General Assembly. In the Council Chamber, the 8th day of October, 1776. Assented to: J. RUTLEDGE. AN ORDINANCE FOR PROVIDING JURIES FOR BEAUFORT DISTRICT, AT No. 1024. THE NEXT NOVEMBER COURTS. WHEREAS, at the late courts of General Sessions of the Peace, Oyer and Terminer, Assize and General Goal Delivery, and Common Pleas, holden at Beaufort, for the district of Beaufort, on the sixth day of May last, a grand jury and petit jury for the said court of General Sessions of the Peace, and a jury for the said Court of Common Pleas, to be holden respectively on the thirtieth day of November next, were not then drawn as usual; and whereas, it is necessary, in order to have legal juries at the said courts respectively, to be holden at Beaufort in November next, as aforesaid, that authority be given as is hereinafter mentioned; Preamble. Former jurors term. I. Be it therefore ordained, by His Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That all and singular the to attend the jurors and juries summoned to attend the Court of General Sessions and courts at Beau the Court of Common Pleas, at Beaufort, for the district of Beaufort, in fort for the next May last, shall, on receiving a special notice from the sheriff of the said district for that purpose, duly attend and serve as jurors at the said court of Sessions and court of Common Pleas, to be holden at Beaufort, on the thirtieth day of November next, under such pains and penalties as are mentioned and prescribed in the Jury Act, and the Act for establishing circuit courts. And all and singular the said jurors are hereby fully authorized, impowered and required to sit and act as jurors in the said courts respectively; and their verdicts are to be deemed and taken, and are hereby declared to be, legal and valid, to all intents and purposes, and in as full and effectual a manner as if the said jurors had been duly summoned, according to the directions and in manner as declared by the several Acts of Assembly in such case heretofore made. THOS. SHUBRICK, Speaker of the Legislative Council. In the Council Chamber, the 8th day of October, 1776. Assented to: J. RUTLEDGE.` A. D. 1776. No. 1025. AN ORDINANCE to direct the manner of procuring Negroes to be employed in the publick service. (Passed October 9th, 1776. See last volume.) No. 1026. AN ACT ESTABLISHING a proper OATH OF QUALIFICATION TO BE TAKEN BY THE MEMBERS of the GENERAL ASSEMBLY; DIRECTING THE METHOD of choosing PAROCHIAL AND DISTRICT COMMITTEES; FOR AUTHORIZING THE RETURNING OFFICERS OF THE PARISH OF ST. DAVID TO HOLD THEIR ELECTIONS ONE DAY AT THE CHURCH AND ONE DAY AT THE COURT HOUSE; Preamble. Part of the AND FOR OTHER PURPOSES THEREIN MENTIONED. WHEREAS, the independency of this State hath rendered it absolutely necessary to change the form of the oaths prescribed by the Election Act to be taken by the members of the General Assembly; I. Be it enacted, by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of this State, and by the authority of the same, That the eighth, ninth and nineteenth former Election clauses of an Act of the General Assembly, entitled "An Act to ascertain Act repealed. the manuer and form of electing members to represent the inhabitants of this State in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing or being chosen members of the said House," be, and they are hereby repealed, and declared to be null and void. II. And be it further enacted by the authority aforesaid, That every Qualifications person who shall be elected and returned, as is directed by the Constituof members of tion and the said Election Act, to serve as a member of the General Assembly. Assembly of this State, shall be qualified as followeth: he shall be a free Oath to be white man, professing the Protestant religion, and a subject of this State, that hath attained to the age of twenty-one years, and hath been resident in this State for twelve months before the time of his election, and having in this State a settled plantation or freehold, in his own right, of at least five hundred acres of land and ten slaves, or has, in his own proper person and in his own right, to the value of one thousand pounds in houses, buildings, town lots or other lands, in any part of this State, over and above the amount of his just debts. III. And be it further enacted by the authority aforesaid, That any of the justices of peace of this State, returned to serve as a member of the taken by Mem- said General Assembly, shall read over to the rest of the members returned bers of Assembly. to serve in the said House, before they be admitted to sit as such, the last mentioned qualifying clause; and then each member, before he be admitted to sit as such in the said House, shall take the following oath or affirmation: "I, A. B., do sincerely swear or affirm (as the case may be) according to the form of my profession, that I am duly qualified to be chosen and serve as a member of the General Assembly of this State for the parish or district of according to the true intent and meaning of the Constitution, agreed on the twenty-sixth day of March, one thousand seven hundred and seventy-six, and this Act: So help me God." IV. And whereas, the great extent of the parish of St. David's, renders A.D. 1776. it exceedingly inconvenient for all the inhabitants thereof to attend the election at the parish church, and it would greatly conduce to their ease if Elections in the the election was held one day at the court house in the said parish, and parish of Saint David, how to the other day at the parish church thereof; Be it therefore further enacted be held. by the authority aforesaid, That the returning officers of the said parish of St. David's shall be, and they are hereby, authorized and required to hold the election for members for the said parish on the first day of election at the court house, and the second day of the election at the church, within the said parish; and in every other particular strictly adhere to and follow the directions of the Constitution and Election Act respecting the election of members; of which alteration in the election for the said parish the returning officers shall give immediate notice to the inhabitants thereof. Members of to take the oath V. And be it further enacted by the authority aforesaid, That neither the members of the General Assembly, churchwardens, vestrymen, justices the General of the peace, nor any other officers within this State, shall hereafter be Assembly, &c. obliged to take the oaths heretofore commonly called the State oaths, or of fidelity. make and subscribe the declaration prescribed or directed to be made by any Acts of the General Assembly of this State, by any such officers, antecedent to the present Constitution or form of government; but instead thereof, the members of the General Assembly respectively, at the time of their taking the oath of qualification aforesaid, shall, before the same justice of the peace, take the following oath or affirmation of fidelity to this State, viz: "I, A. B., do swear or affirm that I will, to the utmost of my power, support, maintain and defend the constitution of South Carolina, as established by Congress, on the twenty-sixth day of March, one thousand seven hundred and seventy-six, until the legislative authority of this State shall determine otherwise.' administered to district com- ' VI. And be it further enacted by the authority aforesaid, That all churchwardens or other persons, who shall hereafter manage the elections for The oath of members to represent the several parishes or districts respectively within fidelity may be this State, shall, and they are hereby authorized and impowered, before electors. they receive the vote from any elector, who they suspect and believe has not taken the oath of fidelity to this State, administer the same to all and every such elector or electors; and in case he or they shall refuse to take the said oath, he or they shall not be permitted to give his or their vote. VII. And be it further enacted by the authority aforesaid, That on the particular days appointed by law for electing members of the General Parochial and Assembly, by the constitution of this State, there shall also be elected and mittees to be chosen by ballot, in the same manner as is directed and appointed for the chosen. election of representatives, parochial and district committees for the several parishes and districts in this State; which said committees respectively shall consist of the like number of members as have been heretofore chosen and appointed in the several parishes and districts respectively; and the churchwardens of the several parishes and districts respectively, and the persons appointed to manage elections where there are no churchwardens, at the same time they make a return to the General Assembly of the members chosen and elected to serve in General Assembly, shall also make return of the members elected and chosen for committees throughout the State, respectively; and the said committees respectively shall do and perform the several matters and things enjoined and required of them by any order now in force of the continental or provincial congresses, or which may hereafter be enjoined or required of them by any order of the Continental Congress or Act of Assembly of this State. A. D. 1776. VIII. And be it further enacted by the authority aforesaid, That any three or more of the members of the committee, respectively, shall have power Number of the and authority, at any of their stated meetings, to proceed to business, and committee for do all such things as are or shall be required of them, agreeable to such resolutions and laws as aforesaid; except the committee for Charlestown, whose number for doing business shall not be less than seven. a quorum. An oath to be taken by the committees. to be filled. IX. And be it further enacted by the authority aforesaid, That the several members chosen of the committees throughout this State shall, within one month after their election, take an oath, before some justice of the peace, duly, faithfully and impartially to execute the duty of their offices, to the best of their judgment, without favour or affection. X. And be it further enacted by the authority aforesaid, That if any person chosen to be a member of any committee shall refuse to act, die, or Vacancies, how leave the parish or district for which he is chosen, the rest of the members of the committee of such parish or district, or a majority of them, shall choose another in his or their room, who shall have the like powers and authorities with any other members of the committees, and continue in office until the next general election. THOS. SHUBRICK, Speaker of the Legislative Council. No. 1027. AN ACT for establishing, keeping and maintaining three Watch Companies in Charlestown. (Passed October 18, 1776. See last volume.) No. 1028. AN ORDINANCE FOR ALLOWING AND KEEPING IN REPAIR A PILOT BOAT TO ATTEND THE BAR AND HARBOUR OF BEAUFORT, PORT ROYAL, AND FOR SETTLING AND REGULATING THE PILOTAGE OF THE SAID HARBOUR. Preamble. WHEREAS, from the present circumstances of America, the small number of vessels trading to the port of Beaufort, Port Royal, are not sufficient to encourage a pilot or pilots to furnish themselves with a pilot boat for the use of the bar and harbour thereof; and the want of such pilot boat and pilot or pilots may greatly delay and endanger vessels bound to the said port, or arriving off the said bar, to the great discouragement of trade and injury of the inhabitants in those parts; wherefore, I. Be it ordained by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, and by Commissioners the honorable the Legislative Council and General Assembly of the of pilotage said State, and by the authority of the same, That the several persons hereafter named be, and they are hereby appointed, commissioners to carry into execution the several matters in this Ordinance directed, viz: Daniel De Saussure, John Joiner, Esqs., Messieurs John Grayson, Thomas appointed. Hughes and John Kean; any three of whom are hereby declared to be a quorum; which said commissioners are hereby authorized, impowered and required to build or purchase a pilot boat, to attend the said bar and harbour of Beaufort, and to keep the same in good and sufficient repair. A.D. 1776. Commissioners II. And be it further ordained by the authority aforesaid, That the said commissioners, or any three of them, are hereby impowered and required to nominate such fit and competent person or persons to act as to appoint a pilot or pilots, for the conducting of vessels inward to or outward from the pilot or pilots. said port of Beaufort, as they shall judge proper; and every master of any ship or vessel, for the consideration of the pilotage of such ship or vessel, inward to or outward from the said port, shall pay to the said pilot, who shall take charge of the same, the following rates, viz: for six feet of water, inwards or outwards, three pounds fifteen shillings; for seven feet, Fees for pilotfive pounds; for eight, six pounds five shillings; for nine, seven pounds age. ten shillings; for ten, eight pounds fifteen shillings; for eleven, ten pounds; for twelve, eleven pounds five shillings; for twelve and an half, twelve pounds ten shillings; for thirteen, thirteen pounds fifteen shillings; for thirteen and an half, fifteen pounds; for fourteen, sixteen pounds five shillings; for fourteen and an half, seventeen pounds ten shillings; for fifteen, eighteen pounds fifteen shillings; for sixteen, twenty-five pounds; for seventeen, thirty-one pounds; for eighteen, thirty-seven pounds ten shillings; for nineteen, forty-five pounds; for twenty, sixty-five pounds fifteen shillings, current money of the said State: Provided, that no decked pettiauger or coasting boat, coming or going coastwise, shall be obliged to pay any pilotage. III. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the said commissioners, or any three of them, for a pilot boat Appropriation immediately after the ratification of this Ordinance, to draw upon or re- and pay of the ceive from the public treasurers, who are hereby authorized and required pilot. to pay the same, any sum not exceeding three thousand pounds currency, for the building and fitting out or purchasing the said pilot boat; and the said treasurers are hereby also authorized and required, on application, to pay to the said commissioners, or any three of them, in half yearly payments, the sum of one thousand pounds currency per annum, as a salary for the pilot, and a sum not exceeding two hundred pounds currency per annum, for keeping the said pilot boat in repair. IV. And be it further ordained by the authority aforesaid, That in case Commissioners any of the said commissioners should happen to die, depart from this State, dying, refusing or refuse to act, his Excellency the President or Commander-in-chief for to act, &c. the time being, shall have power to nominate and appoint another commissioner, in the room of him who shall so die, depart this State, or refuse to act; and such commissioner, so appointed, shall have the same powers and authorities, in all respects, as those particularly named in this Ordinance. V. And be it further ordained by the authority aforesaid, That this THOS. SHUBRICK, Speaker of the Legislative Council. In the Council Chamber, the 18th day of October, 1776. Assented to: J. RUTLEDGE. |