A. D. 1777. AN ORDINANCE FOR MAKING DISPOSITION OF MONIES FOR THE SUP- No. 1035. PORT OF GOVERNMENT, AND TO ENABLE HIS EXCELLENCY THE PRESI DENT FOR THE TIME BEING TO EXERCISE CERTAIN POWERS, IN MANNER WHEREAS, it is deemed expedient, for the safety and defence of this State, that sufficient authorities be lodged in the Executive power of the Preamble. same to draw on the Treasury for certain sums of money, which may be immediately necessary for the support of Government, and for other purposes herein mentioned; wherefore, be it ordained, I. And it is hereby 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 this State, and by the authority of the same, That his Excellency the President for the time being shall have and possess the supreme com- Certain powers mand, direction and ordering of, in and over the military stores, navy, vested in the forts, and the militia throughout this State and all regular land forces be-President. longing to the same, not on the Continental establishment, and with the advice and consent of the Privy Council, shall and may, for twelve months after the passing of this Ordinance, in all cases not to the contrary provided for by any law or resolution of Congress, direct the commissioners of the treasury relative to the execution of their office, and with the advice and consent aforesaid, he shall issue his warrant upon the treasury for defraying the expences of the civil, military and naval establishments, and for the services of the militia of this State, and also, for such contingent and necessary expences as the nature of the public service and the security of the State may require. II. And it is further ordained by the authority aforesaid, That the commissioners of the treasury shall, out of the public money, hold a sum A contingent not exceeding twenty thousand pounds, as a contingent fund for his Ex- fund provided. cellency the President for the time being, to draw upon, of his own authority for the public service; and all such draughts upon that fund shall be accounted for to the General Assembly. III. And it is further ordained by the authority aforesaid, That his Excellency the President for the time being, with the advice and consent of Powers of the the Privy Council, shall have power to carry the Acts of Assembly and the President. resolutions of Congress relating to the militia into execution, in as full and ample manner as any Governor and Council or any Council of Safety might have done; and shall have power to suspend any officer in the navy or militia or regular land forces belonging to this State, and not on the Continental establishment. ness or absence IV. And be it further ordained by the authority aforesaid, That in case of the sickness of the President and Commander-in-chief for the time being, or of his absence from Charlestown in other parts of the State, the In case of sickVice President, or, in case of his absence, any one member of the Privy of President, Council, being duly authorized by warrant, under the hand and seal of the Vice President President, shall and may have and exercise the same powers touching the to act. premises herein beforementioned, as are hereby given to or vested in the President. President may V. And be it further ordained by the authority aforesaid, That his Excellency the President for the time being may order general courts martial, to sit for the trial of any offences done or to be done or committed martial &c. order courts A. D. 1777. in and by the regular forces by sea and land belonging to this State, not on the Continental establishment, and the whole proceedings of such courts martial shall be laid before his Excellency the President for the time being, who is hereby impowered to pardon the whole or any part of the sentence of any such general court martial, or to order the whole or any part of such sentence to be executed; and no such sentence shall be executed without an order for so doing, first had and obtained from his Excellency the President for the time being; and all such offences, done or to be done and committed by any field officer of the militia, which were heretoforce cognizable by any governor and council, shall be cognizable before and punishable by his Excellency the President for the time being, and the Privy Council. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 16th day of January, 1777. No. 1036. AN ORDINANCE TO PREVENT THE EXPORTATION OF RAW HIDES AND TANNED LEATher, for the TIME THEREIN LIMITED. Preamble. WHEREAS, the public service renders it necessary to prohibit the exportation of raw hides and tanned leather for some time to come, 1. 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 the General Assembly of the said State, and by the authority of the same, That from and after the passing of this Ordinance, if any person or persons shall attempt to export or send off from this State to any other port or place whatsoever, either by land or water, any raw hides or tanned leather, it shall and may be lawful for any person or persons to seize the same, and prosecute the offender therefor, by action of debt, bill or plaint in any court of record in this State; and on conviction of such offender, the said hides and leather shall be sold, by the order of the court, and the money paid and disposed in the following manner, (that is to say) one half thereof to the person or persons who shall make the seizure as aforesaid, to his own use, and the other half shall be paid into the public treasury, for the use this of State; Provided always, that on a particular application from the Continental Congress to the President of this State for the time being, he, with the advice and consent of the Privy Council, is hereby authorized, in such case, to give a special permit for such exportation, notwithstanding this law. II. And be it further ordained by the authority aforesaid, That this Ordinance shall continue of force for the term of one year from the passing thereof, and no longer. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 16th day of January, 1777. Assented to: J. RUTLEDGE. A. D. 1777. AN ORDINANCE FOR ALTERING AND SETTLING THE DIVISION AND No. 1037. DISTRIBUTION OF SHARES AMONGST THE CAPTORS OF PRIZES TAKEN BY VESSELS OF WAR FITTED OUT BY THIS STATE. WHEREAS, the shares hitherto established by law to be distributed to the captors of prizes taken by vessels of war fitted out by this State, Preamble. are not sufficient for the encouragement of seamen to enter into the service of the same, I. Be it therefore ordained, by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State aforesaid, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That all prizes which shall hereafter be taken by any armed vessel of war belonging to this State, and which shall be condemned as such in the court of admiralty of this State, shall, on being sold by virtue of such condemnation, be shared and distributed in the following manner, that is to say: one half of the amount of the sales of such prizes, after deducting all legal charges, to and amongst the captain, officers, seamen and marines, or persons acting as such, belonging to or on board of such armed vessel as aforesaid, which shall take such prize, in the following manner and proportions, that is to say to the captain, two sixteenth shares; to the lieutenants and the officer of marines, one sixteenth share; to the warrant officers, one sixteenth share; to the petty officers, one sixteenth share; and to the seamen and marines, or other persons acting as such, three sixteenth shares; and the other half of such amount of sales to and for the use of the State aforesaid. II. And be it further ordained by the authority aforesaid, That the amount of the sales of two prizes, taken by the officers, seamen and marines, or other persons acting as such, on board of the Brigantine Comet, on the twenty-eighth day of November last, and now condemned in the court of admiralty of this State, shall be shared and distributed in manner as before directed by this ordinance, any law or statute to the contrary notwithstanding. HUGH RUTLEDGE, Speaker of the Legislative Council. JOHN MATTHEWS, Speaker of the General Assembly. Assented to: J. RUTLEDGE. VOL. IV. 48. A. D. 1777. No. 1038. AN ACT TO ALTER AND AMEND AN ACT OF THE GENERAL ASSEMBLY OF THIS STATE, PASSED THE TWENTY-THIRD DAY OF DECEMBER, ONE THOUSAND SEVEN HUNDRED AND SEVENTY-SIX, ENTITLED "An Act for appointing Commissioners to print or stamp and sign bills to the amount and value of three hundred and eight thousand Spanish milled Dollars, immediately, and for printing or stamping and signing another sum, to the amount and value of three hundred and seven thousand three hundred and eighty-four Spanish milled Dollars, in four months, if the same or the value thereof cannot be borrowed by the Commissioners of the Treasury by that time." Preamble. WHEREAS, the term of ten years, limited in the said Act for repayment of the several sums that the commissioners of the treasury may take up upon loan, hath been found too long to answer the good purposes intended thereby, I. Be it therefore enacted by his Excellency John Rutledge, Esq., President and Commander-in-chief of the State of South Carolina, and by the honorable the Legislative Council, and by the General Assembly of the said State, and by the authority of the same, That all and every person and persons, company or body corporate, willing to lend any part of the said sum of three hundred and seven thousand three hundred and eighty-four dollars, within six months after passing this Act, shall be at liberty to deposite in the public treasury of this State any sum or sums of money at the rate of seven pounds per cent.; provided the same be not less than one thousand pounds: which said sum or sums of money, with interest, respectively, may be demanded and shall be repaid at the expiration of twelve months from the day of depositing the same in the treasury, but at no time after, without three months previous notice being first given to the commissioners of the treasury, by the party demanding the same; Provided always, that the commissioners of the treasury shall, with the approbation of the President and Privy Council for the time being, have liberty, and they are hereby authorized and empowered, at any time at or after twelve months from the day of depositing any such sum or sums of money as aforesaid, to repay the same with interest to the lenders respectively, first giving him or them three months notice thereof; and provided, nevertheless, that the interest of every sum of money deposited as aforesaid, shall be paid annually by the commissioners of the treasury to the party lending the same, any thing in the said before recited Act to the contrary notwithstanding. HUGH RUTLEDGE, Speaker of the Legislative Council. JOHN MATTHEWS, Speaker of the General Assembly. In the Council Chamber, the 28th day of January, 1777. Assented to: J. RUTLEDGE. A. D. 1777. AN ACT to impower the Court of Admiralty of this State to have No. 1039. jurisdiction in all cases of capture of the Ships and other Vessels of the inhabitants and subjects of Great Britain; to establish the trial by jury in the said court, in cases of capture; and for other purposes therein mentioned. (Passed Feb. 13, 1777. The original not now to be found.) AN ACT FOR IMPOWERING THE COMMISSIONERS THEREIN NAMED TO PUR- No. 1040. OTHER PURPOSES THEREIN MENTIONED. that WHEREAS, it is necessary, for the service and security of this State, proper barracks be built at or near the place called Haddrel's Point, Preamble. near Sullivan's Island, for the accommodation of such troops as it may be expedient to post or station there for the defence of American rights, during the war with Great Britain; I. Be it therefore enacted by his Excellency John Rutledge, Esquire, 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 Colonel Charles Commissioners appointed to Pinckney, General Wm. Moultrie, Major Barnard Beekman, Daniel Canpurchase land, non and Gabriel Capers, Esqs. be, and they are hereby appointed, commis- erect barracks, sioners, with full power and authority to any three or more of them, to contract with and purchase of the owner or owners of lands at or near Haddrel's Point, such part or quantity of the same as may be necessary for the building and erecting of public barracks and fortifications thereon, and for other military purposes. &c. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the commissioners aforesaid, or a majority of them, Value of the to cause to be laid out and ascertained such part and parcels of the said land to be ascertained by land as to them shall seem necessary for the purposes aforesaid, and to appraisement. cause the said parts and parcels of land, so laid out and ascertained as aforesaid, to be valued and appraised by four indifferent persons, being freeholders, two whereof shall be chosen by the said commissioners or a majority of them, and other two by the owner or owners of such parts and parcels of land so laid out as aforesaid; which said appraisement shall be returned upon oath, under the hands and seals of such appraisers, within ten days from the time of their being appointed appraisers as aforesaid : Provided nevertheless, that if such appraisers cannot agree within Proviso the time herein limited, that then it shall and may be lawful for them to choose a fifth person, who shall make such valuation and the appraisement as aforesaid, within five days after such appointment, which shall be under hand and seal, and returnable as aforesaid; and which said valuation and appraisement, made by such appraisers, or such other fifth person chosen by them, and returned in manner as before mentioned, shall be binding and conclusive on all parties whatsoever. |