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A. D. 1778.

AN ACT to oblige all male inhabitants from sixteen to sixty years of No. 1104.
age, residing on or near Waccamaw River, to work on and lay open
the navigation of the said River; and for appointing Commissioners
for carrying this Act into execution.

(Passsd October 9, 1778. See last volume.)

AN ACT for establishing a road from Slann's, Dorchester, or Bacon's No. 1105. bridge, to Wort's Ferry, and from thence to divers other places until

it shall intersect the road leading from the ferry near Fort Moore to Charlestown.

(Passed October 9, 1778. See last volume.)

AN ACT TO REVIVE AND CONTINUE "An Act for establishing a Board No. 1106.
of Commissioners to superintend and direct the Naval Affairs of this
State;" AND FOR AUTHORIZING THE COMMISSIONERS MENTIONED IN THE
SAID ACT TO PURCHASE NEGROES FOR THE USE OF THE PUBLIC SHIP-
YARD AND ROPE WORK; AND TO PAY THE WAGES DUE TO THE OFFI-
CERS AND SEAMEN DURING THE TIME THEY ARE PRISONERS WITH THE
ENEMY.

WHEREAS, the Act entitled "An Act for establishing a board of commissioners to superintend and direct the naval affairs of the State of Preamble. South Carolina," is near expiring, and it being necessary that the same should be revived and continued ;

Former Act

I. Be it therefore enacted, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That an Act entitled "An revived. Act for establishing a board of commissioners to superintend and direct the naval affairs of the State of South Carolina," passed the eighth day of October, one thousand seven hundred and seventy-six, be, and the same is hereby, revived and continued for one year from the passing of this Act, and from thence to the end of the then next sitting of the General Assembly, and no longer.

II. And be it also enacted by the authority aforesaid, That the commissioners mentioned in the said Act, or their successors, or a majority of Commissioners them, shall have full power, and they are hereby authorized and empower-purchase neempowered to ed, to purchase any negroes or other slaves for the use of the publick ship-groes for the yard or rope work; and the said negroes when purchased for the use of ship yard, &c. the ship-yard or rope work, shall be vested in the public forever.

III. And whereas, there is no provision made by any law of this State for paying wages to any officer, mariner or seaman belonging to the navy of the same, during the time they are prisoners with the enemy and returning home after their escape, or otherwise being released; and it being reasonable and just that the said officers, seamen and mariners should be paid their wages during the said time; Be it therefore enacted by the au

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A. D. 1778. thority aforesaid, That the commissioners of the navy, or their successors, or a majority of them, shall be, and they are hereby, directed and empowCompensation ered to pay every officer, mariner and seaman who was, or hereafter may be, in the service of this State, when taken by the enemy, the wages which and mariners may be due to them, and each and every of them, from the time they were when prisoners or may be respectively captured to the time they severally escaped, or or may escape, or otherwise get released from the enemy, and from thence to the time they return to this State, allowing them a reasonable time to travel to Charlestown from the the place where they make their escape or otherwise get away from the enemy; provided, that the said officers, mariners and seamen do not enter into any other service after they make their escape or otherwise get away from the enemy before they return to Charlestown to receive their wages.

my, &c.

HUGH RUTLEDGE, Speaker of the Legislative Council.
THOMAS BEE, Speaker of the General Assembly.
In the Council Chamber, the 9th day of October, 1778.
Assented to: RAWLINS LOWNDES.

No. 1107. AN ORDINANCE FOR APPOINTING AN ORDNANCE STORE-KEEPER AND POWDER RECEIVER FOR THE PORT OF CHARLESTOWN.

Preamble.

Ordnance store keeper and

WHEREAS, it is necessary that a proper person should be appointed ordnance store-keeper, to take care of the ordnance stores which are now in the arsenal in Charlestown, and also all such as may hereafter be imported into this State for the use of the public and put under care of such ordnance store-keeper; and whereas, it is necessary that a proper person should also be appointed powder receiver for the port of Charlestown, to take care of the gun powder now in, or which may hereafter be put into, the several magazines in the said town, and also the magazines on Charlestown Neck and Hobcaw Point.

I. Be it therefore ordained, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That as soon as conveniently may be after the passing this ordinance, there shall be chosen by ballot, jointly powder receiv- by the Legislative Council and General Assembly, in the Assembly room, a proper person to be ordnance store-keeper, and also a proper person to be powder receiver for the port of Charlestown; and the said ordnance store-keeper and powder receiver, when so chosen, shall be respectively commissioned by his Excellency the President or Commander-in-chief of this State, for two years.

er to be chosen by ballot by Council and Assembly, jointly.

Their duties.

II. And be it also ordained by the authority aforesaid, That the said ordnance store-keeper shall, during the time he continues in the said office, give constant attendance on the duties thereof, and follow such directions as may from time to time be given him by the Governor or Commander-in-chief of this State relative thereto.

III. And be it also ordained by the authority aforesaid, That the said powder receiver shall also, during the time he continues in that office, give constant attendance on the duties thereof, and shall at least one day in every week throughout the year, when the weather is fair, open each and

of the powder magazines that may be under his care, that the same every may be aired; and once in every fortnight he shall cause every barrel or keg of gun powder in the said magazines to be turned; and shall also follow all such orders and directions as may be from time to time given him by the Governor or Commander-in-chief of this State, for those purposes.

IV. And be it also ordained by the authority aforesaid, That there shall be allowed and paid by the public of this State to the ordnance storekeeper a salary of one thousand pounds currency per annum, for his services in the said office; and also that there shall be allowed and paid by the public of the said State to the powder receiver, hereby directed to be nominated and appointed, a salary of one thousand dollars per annum, for his services, in lieu of fees, and for the services of two able negro men to assist in the duties of the said office.

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V. And be it also ordained by the authority aforesaid, That the said ordnance store-keeper and powder receiver, and every other ordnance Ordnance store store-keeper and powder receiver for Charlestown, hereafter to be ap- powder receivkeeper and pointed, shall, before he takes upon him the execution of either of the er to give bond said offices, enter into bond in the penal sum of ten thousand pounds cur- and security. rency, to the Governor or Commander-in-chief of this State, for the due execution of the said office, and give good security, who shall be approved of by the President or Commander-in-chief of this State; and that there shall be duplicates of the said respective bonds, one to be lodged in the secretary's office and the other with the speaker or clerk of the General Assembly or House of Representatives.

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VI. And be it also ordained by the authority aforesaid, That an Act of the General Assembly of this State entitled An Act for raising a Powder duty public store of gun powder for the defence of the Province of South repealed. Carolina," passed the eighth day of March, one thousand seven hundred and forty-one-two, and all and every other Act and Ordinance, and clauses of Acts or Ordinances of the General Assembly, laying any duty of gun powder, or money in lieu thereof, to be paid by the owners of ships or other vessels arriving in this State, be, and the same is hereby declared to be, repealed and made null and void to all intents and purposes whatever; any law, usage or custom to the contrary notwithstanding.

HUGH RUTLEDGE, Speaker of the Legislative Council.
THOMAS BEE, Speaker of the General Assembly.

In the Council Chamber, the 17th day of October, 1778.

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AN ORDINANCE TO OBLIGE EVERY PERSON

WHO SHALL BE HEREAF- No. 1108. TER ELECTED TO SERVE AS A MEMBER IN THE SENATE OR HOUSE OF REPRESENTATIVES TO TAKE AND SUBSCRIBE THE OATH HEREIN PRESCRIBED, PREVIOUS TO THE TAKING OF HIS SEAT THEREIN.

WHEREAS, by the Act entitled "An Act for establishing the Constitution of the State of South Carolina," passed the nineteenth day of Preamble. March last, it is enacted that no person shall be eligible to a seat either in the Senate or House of Representatives, unless he hath such qualifications

VOL. IV. 58.

A. D. 1778.

Oath to be

tives.

as in the twelfth and fourteenth clauses of the said Act are particularly mentioned; but no oath of qualification is thereby enjoined and required to be taken by the person so elected;

1. Be it therefore ordained, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That every person who taken by members of the Sen shall hereafter be elected and returned to serve either as a member of the ate and House Senate or House of Representatives, previous to his taking his seat, shall of Representa- take and subscribe the following oath or affirmation, viz: "I, A. B., do sincerely swear (or affirm, as the case may be,) that I am duly qualified to be chosen and serve as a member of the Senate or House of Representatives (as the case may be,) of this State, for the parish or district of according to the true intent and meaning of the Act entitled An Act for establishing the Constitution of the State of South Carolina,' passed the nineteenth day of March, one thousand seven hundred and seventy-eight; So help me God:" And any justice of the peace returned to serve either as a member of the Senate or House of Representatives, shall, in the Senate House or House of Representatives, for either of which he is elected a member, administer the oath above mentioned to the rest of the persons returned to serve as members thereof, and then to take the same himself before some one of those who have been so qualified.

HUGH RUTLEDGE, Speaker of the Legislative Council.
THOMAS BEE, Speaker of the General Assembly.

In the Council Chamber, the 17th day of October, 1778.

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No. 1109. AN ORDINANCE TO EMPOWER THE PRESIDENT OR COMMANDER-INCHIEF FOR THE TIME BEING, WITH THE ADVICE OF THE PRIVY COUNCIL,

Preamble.

TO TAKE UP AND CONFINE ALL PERSONS WHOSE GOING AT LARGE MAY

ENDANGER THE SAFETY OF THIS STATE.

WHEREAS, it is necessary in this time of public danger, when this State is threatened with an invasion by the enemy, that the hands of the executive should be strengthened;

I. Be it therefore ordained, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Asembly of the said President may State, and by the authority of the same, That from and immediately after imprison suspicious persons. the passing of this Ordinance, it shall and may be lawful to and for the President or Commander-in-chief for the time being, by and with the advice and consent of the Privy Council, by warrant under his hand and seal, to arrest, secure and commit to safe custody all such persons as now are in, or hereafter shall come into this State, and whose going at large may, in the opinion of the said President or Commander-in-chief and Privy Council, endanger the safety of this State.

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II. And be it further ordained by the authority aforesaid, That neither the court of General sessions of the peace, any judge or justices of the peace shall bail or try any person so as aforesaid to be committed, until ten days next after the meeting and sitting of the next General Assembly;

provided, that nothing in this Ordinance contained shall extend to invali- A.D. 1778,
date the ancient privileges of Assembly, or to the imprisonment of any
member of the Legislative Council or General Assembly, or Senate or
House of Representatives, during the sitting of the said Houses, until the
matter be first communicated to the House, and the consent of the said
House obtained; and that this Ordinance shall continue in force until ten
days next after the meeting and sitting of the next General Assembly, and
no longer.

HUGH RUTLEDGE, Speaker of the Legislative Council.
THOMAS BEE, Speaker of the General Assembly.

In the Council Chamber, the 17th day of October, 1778.

Assented to: RAWLINS LOWNDES.

AN ORDINANCE AUTHORIZING THE COURTS OF CAMDEN AND NINETY- No. 1110. SIX DISTRICTS, AT THE ENSUING CIRCUIT, TO CONTINUE SITTING UNTIL

ALL THE BUSINESS IS FINISHED.

WHEREAS, the next general election, as appointed by the Constitution, will interfere with the sitting of the next ensuing circuit courts at Preamble. Camden and at Ninety-Six, by which means many of the jurors and witnesses attending the said courts may be deprived of voting for senators and representatives at the said election; for remedy whereof,

the courts.

I. Be it ordained by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That it shall and may be law- Judges impowful for the judges, and they are hereby authorized and required, at the ered to adjourn next ensuing courts to be held at Camden and Ninety-Six, to adjourn the said courts on Saturday the twenty-eighth day of November next, to Thursday the third day of December following, then to sit and adjourn de die in diem till all the business both criminal and civil then ready shall be determined; any law or usage to the contrary thereof in any wise notwithstanding; provided nevertheless, that all the business of the said. courts not then ready for trial, shall be continued over to the next sitting of the said courts.

HUGH RUTLEDGE, Speaker of the Legislative Council.
THOMAS BEE, Speaker of the General Assembly.

In the Council Chamber, the 17th day of October, 1778.

Assented to: RAWLINS LOWNDES.

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