Governor and Assembly, and by the authority of the same, That it shall and may be A.D. 1780. 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 Certain powers the passing of this ordinance, and during the continuance thereof, to vested in the embody, array, and dispose of, any part of the militia and Charlestown Council. battalion of artillery of this State; provided, that not more than one third part of the militia are drawn forth into actual service; unless those regiments of the militia in the parts immediately invaded, or within eighty miles thereof; 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 the advice of the Privy Council, shall make a proper provision for the family of any poor person who shall be draughted or ordered to take the field, 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. 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 May stop venadvice and consent of the Privy Council, when it shall appear to them dues and proceedings of the necessary, to restrain or put a stop to all vendues and commercial trans- court of comactions, and to the proceedings of the court of common pleas, for such mon pleas. 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. Governor may erect forts, pro III. 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, to erect or repair and garrison vide military forts and fortifications, for the defence of the frontiers and other parts of stores, &c. this State; and also to build, purchase or hire, and equip and man vessels, for the 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, and on board the public gallies or vessels, or in any other manner which 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 military stores; and to do all other matters and things which may be judged expedient and necessary to secure the liberty, safety and happiness of this State, except taking away the life of a citizen without legal trial. Provided, it does not extend to subject the militia to articles of war for the regulation of the Continental or State troops. search to be cealed. 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 May cause advice and consent of the Privy Council, if it shall be judged requisite for made for prothe public service, by warrant or order under the Governor's hand, to cause visions conany ships, vessels, shops, storehouses, cellars, or other suspected places, by forcing locks, bars and fastenings, to be searched, where it may be suspected any stores of necessaries are stored or 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 at the prices then current. 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 And draw on being, with the advice and consent of the Privy Council, from time to time, the treasur 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 VOL. IV.-64. necessary. A. D. 1780. the Council not execution of any such powers the public faith is hereby pledged, and this State made liable. VI. And be it further ordained by the authority aforesaid, That if at any A quorum of time a quorum of the Privy Council of this State cannot be assembled as attending, the expeditiously as any emergency may require, it shall be lawful for the members pres- Governor or Commander-in-chief for the time being, to carry into execuent may trans- tion, with the advice of such of them as can be convened, the powers and authorities given by this Act, or any other Act or ordinance; any law or ordinance to the contrary in any wise notwithstanding. act business. General issue may be pleaded. The battalion of artillery to be under the command of the Governor. Limitation. VII. And be it further ordained by the authority aforesaid, That if any person or persons shall be sued or molested, in any manner, for any matter, cause or thing, done or caused to be done in pursuance of this ordinance, 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. VIII. And be it further ordained by the authority aforesaid, That it sha!! and may be lawful for the Governor or Commander-in-chief to have 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 the militia of this State. IX. And be it further ordained by the authority aforesaid, That this ordinance, and every matter therein contained, shall be of force and continue 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 third day of February, 1780. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. No. 1141. AN ORDINANCE TO ENTITLE SUCH PERSONS AS SHALL PLACE ANY SUM OF MONEY IN THE PUBLIC TREASURY OF THIS STATE, OR WHO Preamble. SHALL SUPPLY THE PUBLIC WITH ANY PROVISIONS OR OTHER NECESSARY WHEREAS, many people may be desirous of advancing money to the treasury of this State, in payment or part payment of their next tax or taxes; I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Interest allow. authority of the same, That if any person or persons shall voluntarily advance and pay any sum or sums of money, on account of his, her or their next tax, to be imposed by the Legislature of this State, the commissioners of the public treasury are hereby directed and required to receive the same, and to give a receipt or receipts for the sum or sums so to be paid, ed on money advanced for taxes. which receipt or receipts shall be allowed as so much in discount from the A.D. 1780. next tax or taxes such person or persons shall be liable to pay; and that an interest of ten per cent. per annum be allowed on all sums which may be paid into the treasury by virtue hereof; provided, such advanced payments shall not be less than four hundred pounds current money; and in case of the death of any such person or persons before the time limited for the payment of such tax or taxes, the heirs, executors or administrators of such deceased person shall be allowed the same advantage. provisions, in II. And be it further ordained by the authority aforesaid, That all and every person and persons who shall supply the officers who may be ap- Supplying the pointed by his Excellency the Governor, with the advice and consent of officers with the Privy Council, with any kind of provisions or other necessary articles, payment of the for the public use, and are willing the price of the same shall be appropri- next taxes. ated to the payment or part payment of his, her or their next tax or taxes, every such person and persons, they, their heirs, executors or administrators, as aforesaid, shall not only be allowed the then current price, but shall receive, from the public of this State, interest, at the rate of ten per cent. per annum, for the amount of his, her or their account, from the time such provisions or other necessary articles are so supplied until the said tax shall become due; and the same, upon producing a certificate thereof signed by any one of the said officers, shall be allowed by the assessors and collectors as so much in discount from the next tax or taxes such person persons shall be liable to pay. or Ratified by the General Assembly, in the Senate House, the twelfth day of February, 1780. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. AN ORDINANCE FOR LAYING ON A GENERAL EMBARGO, FOR THE No. 1142. TIME THEREIN LIMITED. WHEREAS, for many weighty and obvious reasons, it is absolutely necessary that a general embargo should be immediately laid on the trade of this State; Preamble. I. Be it therefore ordained, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the passing this ordinance, and A general emduring the continuance and operation thereof, it shall not be lawful for any bargo laid. ship, boat or vessel whatsoever, to sail or depart from any port, inlet, river, creek or harbour of or in this State, for or to any part or place whatsoever out of the same. II. And be it further ordained by the authority aforesaid, That this ordinance shall continue and be of force, for, during and until the first day of Limitation of April next ensuing, unless his Excellency the Governor or Commander- the same. in-chief for the time being, by the advice and consent of the Privy Counci!, shall think it expedient and necessary for the public service, by proclamation, to suspend the execution and operation thereof on any article of merchandize, and for any part of the time hereinbefore limited, which, in such case, they are hereby fully authorized, impowered and directed to do. A. D. 1780. Penalty on embargo. III. And be it further ordained, by the authority aforesaid, That if any person or persons shall violate the present embargo, by loading or putting on board of any vessel, ship or boat, any goods, wares or merchandize, to violating the depart this State, or by departing the same in any such vessel, ship or boat, the owner or owners, shipper or shippers, of such goods, wares or merchandize, vessels, ships or boats, shall be liable to the same penalties, punishments and forfeitures as any person or persons are liable to by the clause in an ordinance passed the twenty-eighth day of September, one thousand seven hundred and seventy-eight, are made liable and subject to, for violating any embargo laid by the Governor's proclamation, according to the constitution; such penalties and forfeitures to be recovered and applied in the same way and manner as the said clause of the said recited Act ordains. Provided always, that nothing herein contained shall extend, or be construed to extend, to prevent the Governor or Commander-in-chief for the time being, with advice of the Privy Council, from permitting any vessel or vessels to depart the same, as he, with the advice aforesaid, may think necessary and proper for the public service. Ratified by the General Assembly, in the Senate House, the 12th day of February, 1780. CHARLES PINCKNEY, President of the Senate. THOMAS FARR, Speaker of the House of Representatives. No. 1143. AN ACT for the better defence and security of this State during the recess of the General Assembly. (Passed February 6, 1782. This Act being identical with No. 1140, it is deemed unnecessary to insert it here.) No. 1144. AN ACT FOR REPEALING THE LAWS WHICH MAKE PAPER CURRENCY, OR BILLS OF CREDIT, A LEGAL TENDER, IN PAYMENT OF DEBTS, IN THIS STATE. Preamble. Paper money not a legal tender. WHEREAS, bills of credit, or paper money, issued either by the legislature, during the former government under the King of Great Britain, or by the Provincial Congress, or by the Legislature of this State, or by the Continental Congress, were made and established by law to be a good and legal tender, in payment of all debts and demands throughout this State; and whereas, at present, the said laws are found inconvenient; I. Be it enacted, by the honorable the Senate and House of Representatives, now met in General Assembly, and by the authority of the same, That from and after the passing of this Act, no bill or bills of credit or paper currency, whatever, sha!l be considered, taken or received as a legal tender, payment or discharge of any debt, due or demand whatsoever; and that the laws making such paper money or bills of credit a legal A.D. 1782. tender and payment, be, and they are hereby, repealed. In the Senate House, the sixth day of February, 1782. JOHN LEWIS GERVAIS, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. AN ACT TO SUSPEND THE OPERATION OF THE LIMITATION ACT. No. 1145. WHEREAS, the circumstances of the good people of this State have for several years been such that the operation of the Act of Limitation, Preamble. if admitted, will be productive of many inconveniencies and much injustice; Limitation Act I. Be it therefore enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That no such action, process or proceeding, or cause thereof, either at law or in equity, which was not barred by the said Act on the first day suspended till of January, in the year of our Lord one thousand seven hundred and Feb. 1, 1783. seventy-five, shall be barred thereby until the first day of February, in the year of our Lord one thousand seven hundred and eighty-three; but that the said Limitation Act shall be, and the same is hereby, suspended, until the day last abovementioned; and that every person who, on the said first day of January, was entitled to any such suit, action, process or proceeding, or cause thereof, or his legal representatives, shall and may, on or before the said first day of February, commence and prosecute the same; any thing in the said Act for the limitation of actions contained, to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That this Act shall be deemed and taken to be a public Act, and judicially taken notice of as such. In the Senate House, the sixth day of February, 1782. JOHN LEWIS GERVAIS, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. AN ACT TO REVIVE AND CONTINUE SUCH LAWS AS HAVE EXPIRED SINCE No. 1146. THE SITTING OF THE LAST GENERAL ASSEMBLY, OR WILL EXPIRE WITH THE PRESENT SESSION. WHEREAS, since the last sitting of the General Assembly many salutary laws have expired, and others will expire at the end of this session; and whereas, it is conducive to the public interest that all the said laws should be revived and continued; I. Be it therefore enacted, by the honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the Preamble. |