the said commissioners by the said trustees; which said squares of land shall be, and they are hereby vested in the said trustees, for the use of the said academy: Provided the said squares of land shall be taken and received in licu and instead of a public square granted them for the use of the said institution, in the year seventeen hundred and ninety-two. And be it further enacted by the authority aforeThis act a said, That this act shall be deemed and held a public act. public act, and judicially taken notice of as such, without special pleading; that the same shall be liberally construed for fully carrying into effect the purposes Lerein and hereby intend d. ed, with In the Senate House, the nineteenth Day of December, in DAVID RAMSAY, President of the Senate. An ACT to authorize the Commissioners therein appointed to erect a Magazine and Laboratory at Georgetown and Beaufort, and for other purposes therein mentioned. W HEREAS it is necessary for the defence of Georgetown and Beaufort, that a magazine and laboratory should be erected within the same respectively: Be it therefore enacted by the honorable the Senate and House of Representatives, and by the auCommissi- thority of the same, That general Horry, Charles oners nam- Brown and David Pryor, be, and they are hereby power to appointed commissioners, and are fully authorized erect a ma- and empowered, by virtue of this act, to purchase gazine and laboratory a lot or picce of land, to erect and build thereon, in or near in the town of Georgetown or its vicinity, a magaGeorge zine capable of containing a hundred thousand weight of gunpowder, and a thousand stand of arms, and to enclose the same with a substantial brick wall. And that the said commissioners shall, as soon as may be after the passing of the said act, contract and agree with some proper person or persons, for erecting and building the said magazine, and for annexing thereto a small laboratory, and shed sufficient to shelter two field picces and several pieces of cannon; and also that as soon as the same shall be completed, the said magazine, laboratory and shed, together with the lot or piece of land, on which the same shall be erected, shall be vested in this state for ever. power to laboratory And be it further enacted by the authority afore- Commissi said, That general Barnwell, Thomas Grayson and oners namRalph Elliott, be, and they are hereby appointed ed, with commissioners, and by virtue of this act, are fully erect a maauthorized and empowered to purchase a lot or gazine and piece of land, and to erect and build thereon, at the in Beauold court-house in the town of Beaufort, a maga- fort. zine capable of containing a hundred thousand weight of gunpowder and a thousand stand of arms, to enclose the same with a substantial brick wall; and that the said commissioners shall, as soon as may be after the passing of this act, contract and agree with some proper person or persons for erecting and building the said magazine, and for annexing thereto a small laboratory, and a shed capable to shelter two field pieces and several pieces of cannon; and that as soon as the same shall be completed, the said magazine, laboratory and shed, together with the said lot of land, shall be vested in this state for ever, as aforesaid. to be elect And be it further enacted, That powder receivers for the said magazines at Georgetown and Beau- Powder fort, shall be elected by the legislature of this state; receivers whose duty it shall be, as soon as the said maga- ed by the zines are erected, to cause the powder in the differ- legisla ent houses and stores in the towns of Georgetown and Beaufort, where the same in quantity shall exceed fifty-six weight, to be removed to the said magazines, there to be deposited; and that no per ture; their duties. Fees of powder receivers. son or persons shall, under the penalty of fifty dollars, keep or retain, in his house or store, any quantity of powder exceeding that above mentioned; which said penalty shall be recovered by action at law, before any court of record in this state; and shall be applied towards keeping the said magazines in repair; and all suits commenced for the same shall be in the name of the powder receiver for the time being. Be it further enacted by the authority aforesaid, That the said powder receivers shall receive thirtyfive cents per hundred weight, on each hundred weight of powder received, and the same on each hundred weight of powder delivered out of the said magazines, and the same in proportion on each quantity of powder received or delivered, that may be either more or less than a hundred weight; and also twenty-five cents per hundred weight, on each hundred weight which shall be continued in the same for any time longer than one month; and that the said powder receivers shall also, in consideration of the said services, be exempt from all militia duty. In the Senate House, the nineteenth Day of December, in DAVID RAMSAY, President of the Senate. END of the ACTS of DECEMBER, 1795. At a General Assembly, begun and holden at Columbia, on Monday the twenty-eighth day of November, in the Year of our Lord one thousand seven hundred and Ninety-six, and from thence continued by divers adjournments, to the nineteenth day of December, in the same Year. An ACT to remove Magistrates from their Office for Mal-practice therein. W HEREAS the only mode provided by the constitution of this state, for removing civil officers from their office, is by impeachment before the senate, according to the first, second and third sections of the fifth article of the constitution, and it is expedient to establish some easy, and at the same time just mode of removing magistrates from their office for mal-practice therein: Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That if any magistrate hereafter, upon prosecution commenced against him in the court of sessions, shall be convicted of mal-practice in office, in addition to such other punishments as may be authorized by law upon such conviction, the judge or judges, before whom the cause is tried, shall immediately certify the same to the governor and commander in chicf for the time being; and the governor and commander in chief for the time being, is hereby authorized and required, immediately on the receipt of such certificate, to remove such magistrate from his office, by striking his name from the list of magistrates, and to give information of his being so struck off by proclamation. In the Senate House, the nineteenth Day of December, in DAVID RAMSAY, President of the Senate. L An ACT to repeal so much of the act, entitled, "An act to alter and amend the law respecting juries, and to make some additional regulations to the acts for establishing the circuit courts," passed on the twentieth day of December, one thousand seven hundred and ninety-one, as relates to special juries. W HEREAS the regulations made by the above mentioned act for drawing and summoning special jurors in civil actions, have been found, by experience, to be productive of great delays and inconvenience in the administration of justice: For remedy whereof, Be it enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That so much of the said act as relates to and regulates the mode of drawing and summoning special jurors in civil actions, comprehended in the first, second, third and fourth sections of the said act, be, and the same is hereby repealed, and made null and void. In the Senate House, the nineteenth Day of December, in the Year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first Year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. An ACT to prevent appropriations of money otherwise than by an act of the legislature. W HEREAS daily experience evinces the impropriety of the legislature's granting money for any purpose, in any other mode than by virtue of an act of the legislature: Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That after the passing of this act, no sum of money shall be directed to be paid away out of |