A. D. 1779. Limitation. V. And be it further ordained by the authority aforesaid, That this ordinance shall continue and be of force for six months, and from thence to the end of the then next sitting of the General Assembly, and no longer. Ratified by the General Assembly, in the Senate House, the twentieth day of February, 1779. CHARLES PINCKNEY, President of the Senate. JOHN MATHEWS, Speaker of the House of Representatives. No. 1125. AN ORDINANCE FOR PROHIBITING THE EXPORTATION OF ALL KIND OF PROVISIONS, HEMP, CORDAGE, RAW HIDES, TANNED LEATHER, SALT, BUTTER, AND TALLOW, From this, StaTE TO A CERTAIN TIME; AND For other pur POSES THEREIN MENTIONED. WHEREAS, it is expedient that an embargo should be laid on all Preamble. kind of provisions, hemp, cordage, tanned leather, raw hides, and salt, for a limited time; I. Be it therefore ordained, by the honorable the Senate and House of Representatives of the said State, now met and sitting in General AsArticles not to sembly, and by the authority of the same, That it shall not be lawful for be exported. any person or persons, on or before the first day of October next, to ship, lade or receive on board any ship, vessel, or boat, in order to be exported, any hemp, cordage, tanned leather, raw hides, salt, or tallow, or any rice, Indian corn, peas, flour, biscuit, wheat, rye, small rice, beef, pork, bacon, butter, or any other kind of provisions whatsoever, (such only excepted as shall be necessary for the next intended voyage of such ship, vessel, or boat.) Penalty, and mode of trial. II. And be it further ordained by the authority aforesaid, That if any person or persons shall lade on board any ship, vessel, or boat, any of the articles hereby prohibited, with intent to carry the same out of this State, every such person, and all such persons, shall forfeit the same; and the owner or owners, shipper or shippers, of the said goods, shall forfeit treble the value thereof, to be recovered in any court of record in this State, by action of debt, bill, or plaint, or in the court of admirality of this State; which said court is hereby authorized and empowered to have jurisdiction in every such cause, and to proceed to determine the same agreeable to the directions of the act of the General Assembly entitled 66 An Act to empower the court of admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, and to establish the trial by jury in the said court, in cases of capture, and for other purposes therein mentioned," passed the thirteenth day of February, one thousand seven hundred and seventyseven, one moiety of which fines and neat amount sales of the goods hereby forfeited shall be paid into the public treasury of this State, and the other moiety thereof to him,' her, or them, who shall inform and sue for the same. And every captain or master of the ship, vessel, or boat, on board of which such goods shall be shipped, shall, on conviction thereof, be imprisoned for the space of six months, without bail or mainprize. Ships not to be laden without a permit. III. And whereas it is usual to lade on board ships, vessels, and boats, lying in the harbors of Charlestown and Georgetown, and other ports in this State, sundry goods, wares, and merchandise, for the purpose of storing the grant permits. same, whereby the embargo now laid may be evaded, unless the same be A. D). 1779. done under particular restrictions; Be it therefore ordained, by the authority aforesaid, That it shall not be lawful for any person or persons to lade on board of any ship, vessel, or boat, any of the said enumerated Collectors can goods for the purpose of storing the same, unless a permit be first had and obtained for the same, from the collector of the port wherein such goods shall be laden, or of the nearest port thereto, who shall take bond, with a sufficient security, in treble the value of such goods, that the same shall not be exported or carried out of this State, in violation of the embargo hereby imposed. init. IV. And be it further ordained by the authority aforesaid, That all the goods, wares, and merchandise above enumerated, which may have been Procuring perladen on board of any ship, vessel, or boat, shall be relanded within ten days after the passing of this ordinance, under all the forfeitures and penalties above mentioned, unless the owner or owners, shipper or shippers thereof, shall procure a permit and give bond with security, as above mentioned: Provided that nothing herein contained shall extend, or be con- Proviso. strued to extend, to prevent the Governor and Commander-in-chief, by and with the advice and consent of the Privy Council, from permitting any person or persons to export any of the articles above enumerated, on account of the United States, this State, or for the navies and armies of the allies of the United States. V. And be it further ordained by the authority aforesaid, That it shall Oath... and may be lawful to and for the several collectors of the custom-houses in the ports of this State, to administer the usual oath or oaths, to captains or masters of vessels which may be cleared out at their respective offices. Ratified by the General Assembly, in the Senate House, the seventh day of August, 1779. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. AN ORDINANCE TO EMPOWER THE GOVERNOR OR COMMANDER-IN- No. 1126. TO TAKE UP AND CONFINE ALL PERSONS WHOSE GOING AT LARGE MAY EN- WHEREAS, it is necessary, in time of invasion, that the hands of the Preamble. Executive should be strengthened; finement. I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Power of arauthority of the same, That from and immediately after the passing of rest and conthis ordinance, it shall and may be lawful for the Governor or Commanderin-chief, for the time being, by and with the advice and consent of the Privy Council, by warrant under his hand, to keep and detain in custody all such persons as are now in confinement, and to arrest, secure, and commit to safe custody all such persons as now are in, or hereafter shall come into, this State, whose going at large may, in the opinion of the said Governor or Commander-in-chief and Privy Council, endanger the safety of the said State. II. And be it further ordained by the authority aforesaid, That it shall A. D. 1779. granted. not be lawful for the court of general sessions of the peace, or any judge, No bail to be judges, or justices of the peace, to let to bail any person or persons who are now in confinement by virtue of an ordinance entitled "An ordinance to empower the President or Commander-in-chief, for the time being, with the advice of the Privy Council, to take up and confine all persons whose going at large may endanger the safety of this State," passed the seventeenth of October, one thousand seven hundred and seventy-eight, or any person or persons who shall be committed under the authority of this ordinance during the operation of the same: Provided always, that nothing in this ordinance contained shall extend to invalidate the ancient privileges of assembly, or to the imprisonment of any member of the Senate or House of Representatives during the sitting of the said Houses, before the same hath been communicated to the House of which such person is a member, and the consent of the said Houses obtained therein. II. And be it further ordained by the authority aforesaid, That this ordinance shall continue in force until the end of the next meeting and sitting of the General Assembly, and no longer. Proviso. Limitation. Ratified by the General Assembly, in the Senate House, the thirty-first day of August, 1779. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. No. 1127. AN ORDINANCE FOR APPOINTING A NEW JURY LIST FOR THE DISTRICT OF CHERAWS, AND TO IMPOWER ANY ONE OF THE JUDGES, OUT OF THE SAME, TO DRAW A GRAND, PETIT, AND COMMON PLEAS JURY, TO SERVE AT THE COURTS OF GENERAL SESSIONS AND COMMON PLEAS, NEXT TO BE HOLDEN FOR THE SAID DISTRICT, AFTER THE PASSING OF THIS ORDINANCE; AND FOR RAISING THE FINES FOR THE NON-APPEARANCE OF JURORS; AND FOR OTHER PURPOSES THEREIN MENTIoned. Preamble. Juries to be drawn for the district of Cheraws. WHEREAS, the jury lists made out for the district of Cheraws, by virtue of an Act passed the twenty-eighth day of March, one thousand seven hundred and seventy-eight, hath lately been taken out of the jury box and destroyed by some evil disposed person; I. Be it ordained, by the honorable the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of grand jurymen for the district of Cheraws," shall be drawn by ballot, impannelled, summoned, and obliged to serve on all grand juries at the circuit courts to be holden hereafter for the district of Cheraws; and the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of petit jurymen and jurymen in civil causes," shall be drawn by ballot, impannelled, summoned, and obliged to serve on all petit and other juries and inquests whatsoever for the said district of Cheraws; and that the several persons whose names are inserted in the schedule or list hereunto annexed, entitled "A list of special jurymen," shall be summoned, returned, and obliged to serve as talesmen in all cases where tales are allowed by law for the said district A.D.1779. of Cheraws. II. And be it further ordained by the authority aforesaid, That any one or more of the judges of the court of general sessions of this State shall Mode of drawcause to be written on small pieces of paper, of an equal size and bigness, ing juries. the names of all the persons hereby appointed to serve as jurymen, and having first diligently compared them with the list or schedule hereunto annexed, shall cause them to be put in a box or chest to be prépared for that purpose, with proper divisions made therein for each list respectively; and any one or more of the said judges, out of the persons appointed to serve on juries as aforesaid, shall cause to be drawn a grand and petit jury and a jury for civil causes, to serve at the next court to be holden for the said district of Cheraws; which drawing shall be in the court hall in the State House, in Charlestown, on or before the fourteenth day of September next, by a child under the age of ten years, agreeable to the usual practice of drawing juries. III. And be it further ordained by the authority aforesaid, That the juries so drawn shall be summoned, returned, and impannelled to serve at Said juries declared legal the said circuit court for the district of Cheraws, to be holden on the fif- and valid. teenth day of November next, and shall be held, reputed, taken and deemed in law, to all intents and purposes whatsoever, as competent and legal, and all their acts and verdicts of as full force, validity and effect, as if the said juries had been drawn at the time and place prescribed by any former law, rule, usage or practice of the said court; any law, usage or custom to the contrary thereof in any wise notwithstanding. IV. And be it further ordained by the authority aforesaid, That from and after the first drawing of the said juries, in manner and form as afore- How juries are said, for holding the next courts at Cheraws, on the fifteenth day of No- to be drawn in vember next, all juries thereafter, from time to time, out of the lists hereby future. established, shall be drawn, summoned, returned and impannelled agreeable to, and in manner and form, and at the times and places as are directed and prescribed by the Act called the Circuit Court Act, or any other Acts in force relative thereto, and shall be entitled to all privileges, and subject and liable to all the duties, fines, pains and penalties which are allowed, enjoined and inflicted by the laws of this State on jurymen. V. And whereas, the respective juries for the next circuit courts of general sessions and common pleas, to be holden at Georgetown, on the fifth day Juries for the of November next, have been omitted to be drawn, as prescribed by law; district of Be it therefore ordained by the authority aforesaid, That the sheriff of Georgetown district be hereby authorized and required to cause to be drawn a grand and petit jury and a jury for civil causes, to serve at the next courts to be holden for the said district of Georgetown; which drawing shall be in the public court house at Georgetown, in the presence of two justices of the peace for the said district, on or before the fourteenth day of September next, by a child under the age of ten years, agreeable to the usual custom of drawing juries. VI. And be it further ordained by the authority aforesaid, That the juries so drawn shall be summoned, returned and impannelled to serve at Their powers, the said circuit court for the district of Georgetown, to be holden on the duties, &c. fifth day of November next, and shall be held, reputed, taken and deemed in law, to all intents and purposes whatsoever, as competent and legal, and all their acts and verdicts of as full force, validity and effect as if the said juries had been drawn at the time and place prescribed by any former law, rule, usage or practice of the said court, and be entitled, subject and liable to all privileges, duties, fines, pains and penalties. A. D. 1779. which are allowed, enjoyed and inflicted by the laws of this State on jurymen. Juries for Duties of jurymen. Penalty for neglect in VII. And whereas, it hath been also omitted to draw a grand and petit jury for the ensuing court of general sessions, to be holden for the district of Charlestown, on the nineteenth day of October next, at the time and place prescribed by law; Be it ordained by the authority aforesaid, That any one or more of the judges of the court aforesaid shall, and is hereby directed to, cause to be drawn out of the jury box or chest for the district aforesaid, a grand and petit jury, to serve at the next court of general sessions to be holden for the district of Charlestown, which drawing shall be on or before the fourteenth day of September next, agreeable to the usual practice of drawing juries. VIII. And be it further ordained by the authority aforesaid, That the grand and petit jurors so drawn shall be summoned, returned and impannelled to serve at the said court of general sessions, next to be holden for the said district, and shall be held, reputed, taken and deemed in law, to all intents and purposes whatsoever, as competent and legal, and all their acts and verdicts of as full force, validity and effect as if the said juries had been drawn at the time and place prescribed by any former law, rule, usage or practice of the said court; any law, usage or custom to the contrary thereof in any wise notwithstanding. IX. And be it further ordained by the authority aforesaid, That in case any judge, sheriff or clerk of any of the courts of justice in this State, drawing juries. shall hereafter neglect or omit to draw, or cause to be drawn, proper jurors to serve at the said courts, according to the law or laws in such cases made and provided, they and each of them shall forfeit the sum of one thousand pounds current money, one half to the use of the State, and the other to the use of the informer, to be recovered by action of debt, in any of the courts of common pleas in this State. X. And whereas, jurors have of late years greatly neglected to appear Penalty on and serve on juries, by which public and private justice hath been freJurymen for neglect or refu- quently delayed; to remedy the same, Be it ordained by the authority sal to appear. aforesaid, That any juryman who shall be legally summoned to appear and act as such at any of the courts of justice in this State, and shall neglect or refuse to do the same, every such juror, in lieu of the former fines, if a grand juror, shall forfeit the sum of five hundred pounds current money, and if a petit juror, or a juror summoned to appear and act at a court of common pleas, general or special, shall forfeit the sum of two hundred and fifty pounds like money; unless such person can shew a good and sufficient cause of excuse, on oath, as hath been usual heretofore, to be proved to the satisfaction of any of the judges at the next sitting of the court; to be recovered and applied in the same way and manner that fines for non-attendance of jurors have been heretofore recovered and applied. Ratified by the General Assembly, in the Senate House, the 31st day of August, 1779. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. (List of names omitted.) |