A. D. 1777. II. And be it further ordained by the authority aforesaid, That the money arising from the sale of any ship or vessel, her tackle, furniture and appaMoney raised rel, and any goods, wares and merchandizes, already seized in any of the by the sale of ports and harbours of this State, and condemned and sold as forfeited, vessels, goods, &c. seized, according to the resolves of the honorable the Continental Congress, shall how to be dis- be distributed and disposed of in the following manner, (that is to say) one fourth thereof to the use of the person who hath given information of and prosecuted the same to condemnation, and the remainder of the said monies shall be paid into the public treasury, for the use of this State. posed of. Two more navy to be chosen. III. And whereas, it is expedient and necessary that the present number of commissioners appointed for the direction and superintendence commissioners of the navy of this State, should be increased to nine, the present number of seven rendering it difficult to form a quorum for the dispatch of business; Be it therefore ordained by the authority aforesaid, That immediately after the passing of this ordinance, two persons shall be chosen, in manner and form directed by law, as commissioners for the superintendence of the navy of this State, in addition to the number of commissioners already prescribed by law; who shall have and exercise all the powers, privileges and authorities incident to and vested in the said office of commissioner of the navy by any law of this State. Power of the commissioners. their share from the public treasury. IV. And be it further ordained by the authority aforesaid, That instead of seven there shall hereafter be nine commissioners for the superintendence and direction of the navy of this State; which said commissioners, or any three or more of them, are hereby vested with all the powers and authorities which any commissioners of the navy have hitherto legally held or exercised; any law, custom or usage in any wise to the contrary notwithstanding. V. And whereas, by an Act of the General Assembly of this State, Seamen enti- passed the thirteenth day of February, one thousand seven hundred and tled to prize "An Act to impower the Court of Admiralty of money, who are seventy-seven, entitled taken prison- this State to have jurisdiction in all cases of capture of the ships and other ers, to receive 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," it is thereby enacted, that if any mens' shares shall remain in the hands of the agents and marshal for the space of nine months after such notice, without being legally demanded, then such share or shares so remaining in the agent and marshal's hands, as aforesaid, shall be paid into the public treasury, for the use of this State; Be it further ordained by the authority aforesaid, That the said clause is hereby declared not to extend to such seamen as have been or shall be taken prisoners on board any vessel of war of this State, before the time limited for the payment of such seamen's distributive share of prize money: Provided always, that such seaman's share, so taken prisoner as aforesaid, shall, nevertheless, be paid into the public treasury, there to remain until claimed by him or them respectively. HUGH RUTLEDGE, Speaker of the Legislative Council. THOMAS BEE, Speaker of the General Assembly. In the Council Chamber, the 23d day of August, 1777. Assented to: J. RUTLEDGE. A.D. 1778. AN ACT to alter and amend an Act of the General Assembly of this No. 1060. State, passed the 23d day of December, 1776, entitled "An Act for appointing commissioners to print or stamp and sign bills to the amount and value of 308,000 Spanish milled Dollars, immediately; and for printing or stamping and signing another sum, to the amount and value of 307,384 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. (Passed Jan. 28, 1778. The original not now to be found.) AN ORDINANCE FOR THE MORE SPEEDY AND EFFECTUAL MANNING WHEREAS, there is good cause to imagine that many seamen and mariners have been prevented from entering on board Continental vessels of war and armed vessels in the service of this State, by reason of their having previously engaged to serve private persons under penal articles, for the breach of which they would be subject to actions at law; in order, therefore, to remove such inconvenience, No. 1061. Preamble. board armed 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 the honorable the Legislative Council and the General Assembly of the Seamen on said State, and by authority of the same, That no seaman or mariner, vessels not to who shall enter on board any Continental vessel of war, or any armed be sued for any vessel in the service of this State, shall be sued or in any manner molested private confor or by reason of any article or agreement which he hath made or may make to proceed on any cruise or voyage, or to work on board of any private ship or vessel; but all such articles and agreements shall, as to such seamen and mariners, be absolutely null and void. tract. And shall re cover their wages or shares II. And be it further ordained by the authority aforesaid, That no seaman or mariner, for such entry, shall forfeit any wages or any share of prize money which shall be due to him for his service on board such pri- due from pri vate ship or vessel; any law, usage, custom or agreement to the contrary thereof in any wise notwithstanding. III. And be it further ordained by the authority aforesaid, That this ordinance shall be and continue of full force until the last day of February, in the year of our Lord one thousand seven hundred and seventy-nine, and no longer. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 26th day of January, 1778. vate vessels. Limitation. VOL. IV.-51. A. D. 1778. No. 1062. AN ORDINANCE TO ENABLE THE COMMISSIONERS OF THE TREASUEY TO BORROW ON LOAN, FOR THE PUBLIC SERVICE, THE SUM OF FIVE HUNDRED THOUSAND DOLLARS. A loan of procured. WHEREAS, it is necessary, for the service of this Government, that a sum of money should be borrowed upon the public faith: wherefore, I. Be it ordained, by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and the General Assembly of the said State, and by the authority of the same, That the public treasurers shall receive $500,000 to be on loan, for the use of this Government, from such person or persons as are or may be disposed to lend the same, any sum or sums not exceeding five hundred thousand dollars: for payment whereof, and the interest upon the same, at the rate of seven pounds per cent. per annum, the public faith is hereby pledged; and the loans shall be received, and indents for the same shall be granted, as specified in an ordinance passed the twenty-third day of August, one thousand seven hundred and seventy-seven, entitled "An Ordinance to impower the commissioners of the treasury to borrow, upon the credit of this State, the sum of five hundred thousand pounds.” HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 6th day of February, 1778. No. 1063. AN ACT TO REPEAL AN ACT ENTITLED "An Act to prohibit the Sales of Goods, Wares and Merchandizes, by Public Vendue, in this State," PASSED THE 22d DAY OF AUGUST, A. D. 1777; ALSO, AN ORDINANCE IMPOSING PENALTIES ON HORSE-RACING, PASSED THE 14th DAY OF FEBRUARY, 1777; AND TO REGULATE IN FUTURE THE SALES OF GOODS, WARES AND MERCHANDIZES, BY PUBLIC Vendue. Preamble. WHEREAS, an Act was passed during the last sitting of the present Assembly, entitled "An Act to prohibit the sales of goods, wares and merchandizes by public vendue in this State," which has not effected the salutary purposes for which it was made; I. Be it therefore enacted by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, Former Vendue by the Honorable the Legislative Council and General Assembly of the Act repealed. said State, and by the authority of the same, That the said Act be, and it is hereby, repealed, and declared null and void, and of no effect whatever. II. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons whomsoever, hereafter, to sell, or Vendue sales expose to sale, by public vendue, in Charlestown, any sorts of goods, to be held only wares and merchandizes, whatsoever, on any other days in the week than and Thursdays. upon Tuesdays and Thursdays, under the pain of forfeiting the sum of five hundred pounds current money, for every offence, to be recovered by on Tuesdays action of debt or information, in any court of record in this State, by any person or persons who will sue for the same, to his or their own use. A. D. 1778. sold by the III. And whereas, a practice hath heretofore prevailed among vendue masters, of setting up to sale large quantities of goods, wares and merchandizes, in one lot, whereby shop-keepers are alone enabled to purchase at such sales, and persons who are desirous of buying merely for the use of their families, are thereby prevented; for remedy of so great an evil, therefore, Be it enacted by the authority aforesaid, That from and after Goods to be the passing of this Act, it shall not be lawful for any person or persons piece or dozen. whomsoever, to set up to public sale, in one lot, more than one piece of any sort of woollen, cotton or linen cloth, or more than one dozen of such other kinds of goods, wares or merchandizes, as are usually put up or sold by the dozen, and so in the same proportion as to quantity, quality or value of any other kind of goods, on pain of forfeiting the whole of such goods, so exposed to sale in such lot or lots, to the sole use of any person or persons who will seize the same. IV. And be it further enacted by the authority aforesaid, That if any person or persons shall be sued or prosecuted for any matter or thing by General issue him or them done in pursuance of the directions of this Act, it shall and may be pleaded. may be lawful for such person or persons to plead the general issue, and to give this Act and the special matter in evidence; and if the plaintiff or plaintiffs shall discontinue, become non-suit, or a verdict shall pass against him or them, the defendant or defendants shall be entitled to recover his or their double costs of suit, and to have the like remedy for them as by law is given to other defendants. against horse V. And be it further enacted by the authority aforesaid, That an ordinance of the General Assembly, passed the fourteenth day of February, An ordinance one thousand seven hundred and seventy-seven, entitled "An Ordinance racing, repealimposing penalties on horse-racing," be, and the same is hereby, repealed, ed. to all intents and purposes whatsoever. VI. And be it further enacted by the authority aforesaid, That this, Act Limitation. shall continue and be of force for two years from the passing thereof, and HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 6th day of February, 1778. Assented to: J. RUTLEDGE. AN ACT to make and keep in repair a Road from Ninety-Six Court No. 1064. House to the Mill of George Reed, on Long-Cane Creek, and from thence to Pratt's Mill, on the north-west fork of Long Cane; and also from Joseph Wardlaw's to John Calhoun's Mill, on Coronaka, and from thence to Roswood's Mill, on Saluda River, (Passed March 5, 1778. See last volume.) A. D. 1778. No. 1065. AN ACT FOR VESTING SIX HUNDRED ACRES OF LAND, WHEREON THE IRON WORKS OF JOSEPH BUFFINGTON ARE, IN THE TREASURERS OF THIS STATE, Preamble. The aforesaid FOR AND UPON CERTAIN USES AND TRUSTS; AND ALSO VESTING ANOTHER WHEREAS, the late Congress of this State, desirous of encouraging the manufacture of iron within the same, have advanced, on loan, to Joseph Buffington, of Lawson's Fork, in the said State, the sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence current money, for the carrying on of such manufactory, on condition that William Woffard and others, having any title to fifty acres of land conveyed to the said Joseph Buffington by James Macilroy, and whereon the said iron works were supposed to be erected at the time of such loan, should release such their title therein to the said Joseph Buffington; and the said Joseph Buffington, in consequence of such resolve, hath mortgaged to the public treasurers of the State aforesaid, the said fifty acres of land, and a tract of one thousand acres conveyed to him by Thomas Ferguson, Esq. as a security for the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, and in trust that, if the said Joseph Buthington should not pay into the treasury of the State aforesaid the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, within four years from the time of such mortgage, the said fifty acres of land and the iron works thereon, and the said tract of one thousand acres, should be then sold by the treasurers of the State for the time being, for the payment of the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, paying the overplus to the said Joseph Buffington, according to the said resolve of Congress; and whereas, it is now found that the said iron works, by some mistake, are not erected within the limits of the said Joseph Buffington's tract of fifty acres, conveyed to him by the aforesaid James Macilroy, as aforesaid, and by him mortgaged as aforesaid, but are without the same, and on lands not granted, but still vacant, on Lawson's Fork, a branch of Pacolet river, in the State aforesaid; and that William Woffard hath, by fraudulent means, by warrant of survey, obtained in the name of Thomas Waddill, for the surveying of six hundred acres, and by another warrant of survey, in the name of Robert Hamet, for the surveying of five hundred and fifty acres, endeavoured to obtain a grant for the nominal number of eleven hundred and fifty acres of land, contiguous to the aforesaid tract of fifty acres, but in fact for a larger quantity of acres, so as to include the said iron works, to the great injury of the said Joseph Buffington, and to the prejudice of the security which is is given by him for the payment of the aforesaid sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence; for remedy whereof, and in order the more effectually to accomplish the end of the said resolve of Congress, and the agreement of the said Joseph Buffington, I. Be it enacted by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, by the lots to be accu- honorable the Legislative Council and General Assembly of the said State, rately survey- and by the authority of the same, That immediately after the passing of this Act, it shall and may be lawful for the public treasurers of this State for the time being, and who are hereby directed and required, to appoint |