A. D. 1779.

No. 1119. AN ORDINANCE for raising and supporting a regiment of light dragoons for the public service.

(Passed February 19, 1779. Too much obliterated to be copied.)

No. 1120. AN ORDINANCE FOR THE BETTER DEFENCE AND SECURITY OF THIS STATE DURING THE RECESS OF THE GENERAL ASSEMBLY.

Preamble.

Authorizing the Governor

to dispose of

the militia.

WHEREAS, in times of danger and invasion it has always been the policy of republics to concentre the powers of society in the hands of the supreme magistracy for a limited time, to give vigor and despatch to the means of safety; and whereas, from the present situation of affairs within this State, since passing of a late act for the alteration and amendment of the militia law, it behooves us, for our common safety, to follow such example, and by such well timed confidence in the service of the community, acting under the authority of the people, and amenable to them, defeat the tyrannical views of an ambitious and cruel enemy, and thereby preserve our peace, liberty, and happiness, and prevent the injuries of slavery and oppression:

I. Be it therefore ordained, by the honorable the Senate and the House of Representatives of the State aforesaid, now met and sitting in General Assembly, and by authority of the same, That it shall and may be lawful for the Governor or Commander-in-chief of this State for the time being, with the advice and consent of the Privy Council, at any time after the passing of this ordinance, and during the continuance thereof, to embody, array, and so to dispose of any part of the militia and Charlestown battalion of artillery of this State; and to form any camp or camps, in such manner as may most effectually and expeditiously counteract the designs and operations of our enemies, and tend to the public safety; and that the Governor or Commander-in-chief, with advice of the Privy Council, shall draughted per- make a proper provision for the family of any poor person who shall be draughted or ordered to take the field, during the absence of such person so to be draughted or ordered, in such manner as shall most readily relieve any such family from any distress or want by the absence of such person being draughted or ordered.

Provide for fa

milies of

sons.

Restrain all vendues and commercial transactions,

and proceedings of court of, C. P.

rison forts.

II. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief, with the advice and consent of the Privy Council, when it shall appear to them necessary, to restrain or put a stop to all vendues and commercial transactions, and to the proceedings of the court of common pleas, for such time as they may judge requisite, and to exert any means for effecting the same, (provided this shall not extend to any person or persons who are about to depart this State, or to such who shall refuse to give sufficient security for his, her, or their just debts.)

III. And be it further ordained by the authority aforesaid, That it shall Repair and gar- and may be lawful for the Governor or Commander-in-chief, with the advice and consent of the Privy Council, to erect or repair and garrison forts and fortifications for defence of the frontiers and other parts of this State; and also to build, purchase, or hire, and equip and man, vessels for the

A. D. 1779.

seamen and

protection of the coasts; to embody any company or companies of seamen and mariners in the service of this State, to serve in forts, batteries, garrisons, or on board the public gallies or vessels, or in any other manner which Embodying may be necessary, and to allow such pay and bounty as they shall think proper; and to lay up in safe places, magazines of provisions and laying up promilitary stores; and to do all other matters and things which may be judged visions. expedient and necessary to secure the liberty, safety, and happiness of this State: Provided, it does not extend to subject the militia to articles of war for the regulation of the continental or State troops; unless the militia law or laws now in force shall first be found insufficient by the Governor and Privy Council.

IV. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief, with the ad- Warrant for tavice and consent of the Privy Council, if it shall be judged requisite for king goods for public service. the public service, by warrant under hand and seal, to cause any ships, vessels, shops, storehouses, cellars, or other suspected places, by forcing locks, bars, and other fastenings, to be searched, where it may be suspected any stores of necessaries are stored and concealed, which may be wanted for public service, and to seize and take them for the public use; which said articles so seized shall be paid for agreeable to the prices such and the like articles sold for on the ninth day of October last, allowing a reasonable storage for the same.

V. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief for the time being, with the advice and consent of the Privy Council, from time to time to draw on the Treasury of this State for any sum or sums of money which may be requisite to carry into execution any of the powers and authorities given by this ordinance, and that for all expenses to be incurred by the execution of any such powers, the public faith is hereby pledged, and this State made liable.

Expenses paid by the State.

Power of the

VI. And be it further ordained by the authority aforesaid, That if at any time the Privy Council of this State cannot be assembled as expedi- Governor. tiously as any emergency may require, it shall be lawful for the Governor or Commander-in-chief for the time being, to carry, in such case, the powers and authorities given by this or any other act or ordinance, into execution, without advising with such Council; any law or ordinance to the contrary in any wise notwithstanding.

Protection of the ordinance

VII. And be it further ordained by the authority aforesaid, That if any shall be sued or molested, in any manner, for person or persons any matter, cause, or thing, done, or caused to be done, in pursuance of this ordi- to persons. nance, it shall and may be lawful for any such person or persons to plead the general issue, and give this ordinance and the special matter in evidence; and if the plaintiff or plaintiffs in any such suit shall suffer a nonsuit, discontinuance, or a verdict shall pass against such plaintiff or plaintiffs, he, she, or they shall pay treble costs of suit.

Power of the

VIII. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the Governor or Commander-in-chief to have Governor. and exercise, over the battalion of Charlestown artillery, all and every power and authority given him by any militia law or laws of this State, and the powers and authorities given in and by this ordinance, in like manner as over any of the militia of this State.

IX. And be it further ordained by the authority aforesaid, That this Limitation of ordinance, and every matter therein contained, shall be of force and con- ordinance.

A. D. 1779. tinue until ten days after the next meeting and sitting of the General Assembly, and no longer.

Ratified by the General Assembly, in the Senate House, the nineteenth day of February, 1779.

CHARLES PINCKNEY, President of the Senate.

JOHN MATHEWS, Speaker of the House of Representatives.

No. 1121. AN ACT TO REVIVE AND CONTINUE, FOR THE TIME THEREIN Mentioned, THE SEVERAL ACTS AND CLAUSES OF ACTS OF THE GENERAL ASSEMBLY OF THIS STATE THEREIN PARTICULARLY MENTIONED; AND то APPROPRIATE CERTAIN PENALTIES; AND TO CONFIRM THE POWER OF COMMISSIONERS OF ROADS, PATHS, BRIDGES, CREEKS, CAUSEYS AND WATER PASSAGES.

Preamble.

revived and

continued.

WHEREAS, several salutary and beneficial laws of this State are now expired or very near expiring, and it is found necessary and expedient for the public welfare to revive and continue the same;

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives of the said State, now met and sitting in General Assembly, and by the authority of the same, That the several Acts and clauses Former Acts of Acts of the General Assembly of this State, hereinafter particularly mentioned, are hereby declared to be revived, continued and enacted, to be of full force and virtue for and during the time hereinafter limited and expressly declared for the same; that is to say: An Act of the General Assembly entitled "An Act for licensing hawkers, pedlars and petty chapmen, and to prevent their trade with indented servants, overseers, negroes and other slaves," passed in the General Assembly on the eleventh day of March, one thousand seven hundred and thirty-seven; also an Act entitled "An Act for the establishing of a market in the parish of St. Philip, Charlestown, and to prevent engrossing, forestalling, regrating and unjust exaction in the said town and market," passed on the eleventh day of April, one thousand seven hundred and thirty-nine; also an Act entitled "An Act for making more useful Fort Johnson and Fort Frederick, and the several look-outs that now are or shall hereafter be kept or established near any of the inlets of this Colony," passed the fifth day of April, one thousand seven hundred and forty, with this alteration, that inasmuch as Fort Frederick has been dismantled, and another fort called Fort Lyttelton built near Beaufort, and now garrisoned in the service of the State, that the commanding officer of the said Fort Lyttelton, for the time being, shall have and exercise the same powers and authorities that were given in and by the said recited Act to the commanding officer of the said Fort Frederick; also "An Act for the better ordering and governing negroes and other slaves in this Colony," passed the tenth day of May, one thousand seven hundred and forty; provided nevertheless, that such parts and clauses of the said last mentioned Act be hereby excepted, and not continued or enforced, as are altered or repealed by an Act of the General Assembly passed the eleventh day of May, one thousand seven hundred and fifty-four, for preventing the stealing of negroes, or by an additional and explanatory Act to the same, passed the seventeenth day of May, one thousand seven hundred and fifty-one; also "An Act concerning masters and apprentices," passed the twenty-eighth day of February, one thousand

seven hundred and forty; also "An Act for rendering and making the office A.D. 1779. of constable more easy and less expensive to the persons appointed," passed the eighth day of March, one thousand seven hundred and forty-one; also "An Act entitled an Act for the better security of this Province against the insurrections and other wicked attempts of negroes and other slaves, and for reviving and continuing an Act of the General Assembly of this Province entitled an Act for the better ordering and governing negroes and other slaves in this Province," passed the seventeenth day of May, one thousand seven hundred and forty-three; also "An Act for regulating the making of dams or banks for reserving water, where the same may affect the properties of other persons," passed the twenty-ninth day of May, one thousand seven hundred and forty-four; also "An Act to prevent frauds and deceits in selling rice, pitch, tar, rosin, turpentine, beef, pork, shingles, staves and fire-wood, and to regulate the weighing of the several commodities and merchandize in this State," passed the seventeenth day of June, one thousand seven hundred and forty-six; except such parts or clauses of the said Act as are repealed by an Act passed the twelfth day of April, one thousand seven hundred and sixty-eight, entitled "An Act for regulating and ascertaining the rate of wharfage of ships and merchandize, and also ascertaining the rates of storage in Charlestown;" also such clauses and parts of an Act for amending an Act entitled "An additional and explanatory Act to an Act to impower the several commissioners of the high roads and private paths, bridges, creeks, causeys and cleansing of water passages in this Province, to alter and lay out the same for the more direct and better convenience of the inhabitants thereof," passed the sev enteenth day of May, one thousand seven hundred and fifty-one, as were revived for seven years by the revival Act, passed on the twelfth day of April, one thousand seven hundred and sixty-eight; also "An Act for the better restraining seamen from absenting from their service, and for encouraging the apprehending and securing of fugitive seamen, and to discourage frivolous and vexatious actions at law being brought by seamen against masters and commanders of ships and other vessels," passed the seventeenth day of May, one thousand seven hundred and fifty-one; also "An Act for allowing of discounts, and for repealing all former Acts and paragraphs of Acts of the General Assembly of this State regulating discounts," passed the seventh day of April, one thousand seven hundred and fifty-nine; also an Act passed the seventh day of April, one thousand seven hundred and fifty-nine, entitled "An Act for the more effectual relief of insolvent debtors, and for that purpose putting in force and effectually carrying in execution in this Colony such parts of an Act made in the Parliament of Great Britain, in the second year of his present Majesty's reign, entitled 'An Act for the relief of debtors with respect to the imprisonment of their persons, as is hereafter mentioned, and to repeal the several Acts of Assembly now in force in this Colony for relief of insolvent debtors;" also "An Act for establishing and regulating the artillery company which was formed out of the militia of Charlestown," which Act was passed the thirty-first day of July, one thousand seven hundred and sixty; also "An Act to prevent the stealing of horses and neat cattle, and for the more effectual discovery and punishment of such as shall unlawfully brand, mark, or kill the same," passed the twelfth day of April, one thousand seven hundred and sixty-eight; also "An Act for regulating and ascertaining the rates of wharfage of ships and merchandize, and also for ascertaining the rates of storage in Charlestown;" also " An Act for the preservation of deer, and to prevent the mischief arising from hunting at unseasonable times," passed the twenty-third day of August, one thousand VOL. IV.-60.

A. D. 1779.

Limitation.

seven hundred and sixty-nine; also "An Act for a fish market, and for preserving the lamps in Charlestown," passed the seventh day of April, one thousand seven hundred and seventy; also such parts and clauses of an Act entitled "An Act for appointing commissioners to lay out a road or causey over Lynch's Island, situate in Santee river, and for establishing ferries therein," passed the eleventh day of March, one thousand seven hundred and thirty seven, as respects the establishment of the ferries therein mentioned; also an additional Act to an Act entitled "An Act for the better regulation of taverns and punch houses," passed the eighth day of March, one thousand seven hundred and forty-one; also "An Act for the better establishing and regulating of patrols in this Colony," passed the seventeenth day of June, one thousand seven hundred and forty-six; also "An Act for regulating the assize of bread," passed the sixteenth day of March, one thousand seven hundred and forty-nine; also such clauses and parts of an Act entitled "An Act to revive and continue several Acts and clauses of Acts of the General Assembly of this Province, and for amending some of the said Acts in manner herein mentioned," passed the seventh day of April, one thousand seven hundred and fifty-nine, as respect boats passing Fort Lyttelton, and the impowering the Governor and Council to limit the number of tavern licences; also an Act entitled "An Act to empower certain commissioners therein mentioned to keep clean and in good order and repair the streets of Charlestown, and for establishing other regulations in the said town," passed the tenth day of August, one thousand seven hundred and sixty-four; also an Ordinance entitled "An Ordinance for making disposition of monies for the support of Government, and to enable his Excellency the President (now Governor,) for the time being, to exercise certain powers in manner therein mentioned," passed the sixteenth day of January, one thousand seven hundred and seventy-seven; also "An Ordinance to prevent the exportation of raw hides and tanned leather," passed the sixteenth day of January, one thousand seven hundred and seventy-seven; also "An Act for regulating the inspection and exportation of tobacco and flour, and for granting a bounty on flour," passed the twentieth day of March, one thousand seven hundred and seventy-one, except such part as allows a bounty on flour, which part is hereby repealed; also an Ordinance entitled "An Ordinance to prevent the operation of the limitation Act, until the fifteenth day of February, one thousand seven hundred and seventy-nine, in manner therein mentioned," passed the fifth day of March, one thousand seven hundred and seventyeight; and also an Act entitled "An Act for amending an Act for regulating and ascertaining the rates of wharfage of ships and merchandize and also for ascertaining the rates of storage in Charlestown, and for repealing the first clause of the said Act," passed the twenty-eighth day of March, one thousand seven hundred and seventy eight.

IL. And be it furtehr enacted by the authority aforesaid, And all and singular, the several Acts and Ordinances, clauses and parts of Acts and Ordinances herein before mentioned (excepting such as are particularly excepted,) in so far as they are not contrary to the constitution or form of government now established in this State, shall be, and are hereby declared to be, in full force, virtue and effect, immediately from the passing of this Act, and to continue in force for one year henceforth, and from thence to the end of the next sitting of the General Assembly of this State, in like manner as if such Acts, clauses and parts of Acts and Ordinances had originally been enacted and ordained to continue in operation until such time.

III. And be it further enacted by the authority aforesaid, That all fines and penalties inflicted or made payable by any of the Acts or Ordinances