VII. And be it further enacted by the authority aforesaid, That all Acts A. D. 1812. or clauses of Acts contrary to this Act be, and the same are hereby, repealed. In the Senate House, the twenty-ninth day of August, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the Independence of the United States of America SAMUEL WARREN, President of the Senate, JOHN GEDDES, Speaker of the House of Representatives. AN ACT to extend the provisions of an Act entitled "An Act to No. 2004. remedy the defects of the Court of Ordinary in the several districts where there are no County Courts, as to matters and cases in which the Ordinaries of those districts may be respectively interested," passed the seventh day of March, one thousand seven hundred and eightynine, to all the Circuit Court districts throughout the State. (Passed August 29, 1812. See last volume.) AN ACT FOR RATIFYING AND CONFIRMING A CONVENTION BETWEEN THE No. 2005. WHEREAS, a dispute and difference have arisen and subsisted between the said States of South Carolina and North Carolina, concerning boundaries, the said States claiming respectively the same territories. And whereas, it appeared to be the sincere wish and desire of the Preamble. said States of South Carolina and North Carolina, that all and singular the differences and claims subsisting between the said States relative to boundary should be amicably adjusted and compromised. And whereas, the Governor of the State of South Carolina, being duly authorized for that purpose, did appoint Joseph Blythe, Thomas Sumpter, jr., and James Kilgore, commissioners, and did invest them, or a majority of them, with full and absolute power and authority, in behalf of that State, to settle and compromise all and singular the differences, controversies, disputes and claims which subsist between the said State and the State of North Carolina, relative to boundary, and to establish, and permanently fix, a boundary between the two States; and the said State of South Carolina did declare that it would at all times thereafter, so soon as the actings and doings of the said commissioners, in and touching the said disputes relative to boundary, should be ratified by the Legislature of the State of South Carolina, the same should be forever binding on the State of South Carolina. And whereas, the Legislature of the State of North Carolina did appoint A. D. 1812. John Steele, John Moore and James Wellborn, commissioners, and did invest them with full and absolute power and authority, in behalf of that State, to settle and compromise all and singular the differences, controversies, disputes and claims, which subsist between the said State and the State of South Carolina relative to boundary, and to establish, and permanently fix, a boundary between the two States; and the said State of North Carolina did also declare, that it would at all times thereafter ratify and confirm all and whatsoever the said last mentioned commissioners, or a majority of them, should do, in and touching the premises, and that the same should be forever binding on the said State of North Carolina. And whereas, the said Joseph Blythe, Thomas Sumpter, John Steele, John Moore and James Wellborn, commissioners on the part of the said States of South Carolina and North Carolina respectively, did by mutual consent assemble at the town of Columbia, in the State of South Carolina, on the eleventh day of July, in the year of our Lord one thousand eight hundred and eight, in order to the due execution of their respective trusts, and did respectively exchange and consider their full powers, and did declare the same legal and forever binding on both States; and on confering on the most effectual means of adjusting the differences subsisting between the said States, and of establishing and permanently fixing a boundary between them, did mutually agree, for and in behalf of their respective States, to the following articles, that is to say: ARTICLE 1. The line beginning at a cedar stake on the Atlantic ocean, and running thence north-west and west to a point at the Salisbury road near the Catawba lands, as described in the plans of survey begun in one thousand seven hundred and thirty-five, and ended in one thousand seven hundred and sixty-four, shall be and remain the same in its whole extent as heretofore established. ARTICLE 2. From which point at the said Salisbury road mentioned in the preceding article, instead of following the road to where it enters the Catawba lands as at present, which road is liable to change and uncertainty, a line shall be run and marked in a direct course to the south-east corner of the said Catawba lands at twelve mile creek; which line is hereby established in lieu of the said road; thence along the line of the said Catawba lands, pursuing its different courses, to where the Catawba river enters the said lands on the north, thence with the middle stream of that river northwardly to the confluence of the northern and southern branches thereof, and thence due west along the line as run and marked by commissioners in the year one thousand seven hundred and seventy-two, to the termination of the said line. ARTICLE 3. And from the termination of the said line of one thousand seven hundred and seventy-two, a line shall be extended in a direct course to that point in the ridge of mountains which divides the eastern from the western waters, where the thirty-fifth degree of north latitude shall be found to strike it nearest to the termination of the said line of one thousand seven hundred and seventy-two; thence along the top of the said ridge to the western extremity of the State of South Carolina; it being understood that the State of South Carolina does not mean by this arrangement to interfere with claims which the United States, or those holding under her act of session to the United States, may have to lands which may lie (if any there be,) between the top of the said ridge and the said thirty-fifth degree of north latitude. ARTICLE 4. The contracting parties for their mutual benefit and convenience, agree to adopt and confirm the lines of boundary as described in the preceeding articles, and to renounce respectively to each other every right, claim, and pretension which may be inconsistent with the true mean ing and purpose of this agreement, which is to establish between the States of South Carolina and North Carolina a permanent and unalterable boundary. Provided nevertheless, that in case at any time this agreement shall be contested, or not conformed to, after the ratification of it by the legislatures of the said States, all the rights, claims and pretensions herein intended to be renounced and conveyed, and all other rights and claims in relation thereto, shall revive and exist in the same force and effect as they did before the signing of these presents, in favor of the State which shall conform thereto. I. 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 the said convention, and all the articles thereof, shall be forever binding on the State of South Carolina; and that the same is hereby fully and absolutely ratified and confirmed. In the Senate House, the twenty-ninth day of August, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. A.D. 1812. AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR THE YEAR ONE No. 2006. THOUSAND EIGHT HUNDRED AND TWELVE. I. 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 the sums hereafter mentioned be respectively appropriated for the following purposes: For the expenses of the members of the Legislature at the present session, and pay of the Solicitors for their attendance, six thousand dollars-if so much be necessary. For the Comptroller-general, as a compensation for his travelling expenses and attendance during the present session, six dollars per diem. For the Secretary of State, as a compensation for his travelling expenses and attendance during the present session, six dollars per diem. For the Clerk of each house, for their attendance during the present session, each three hundred dollars-in the whole, six hundred dollars. For the Doorkeepers and Messengers of each house, for their attendance during the present session, each sixty dollars-in the whole, two hundred and forty dollars. For the State printers, in addition to the amount of the contract for printing during the present year, not exceeding three hundred dollars. For house rent for the Governor, one hundred dollars. For Thomas Key, in conformity with a resolution of the Legislature, passed in December last, for a negro executed, one hundred and twentytwo dollars, forty-four cents. For the purchase of arms and munitions of war, sixty thousand dollarsif so much be necessary. For the purchase of blankets for the quota of the militia of this State, a sum not exceeding seven thousand five hundred dollars. As a contingent fund subject to the Govenor's draft, four thousand dollars. Appropriations A. D. 1812. To G. Chapman, amount of his account, thirty dollars, twelve and an half cents. To William Wallace & Co., for quills, ten dollars. To John G. Flaglu, for bringing a return from Clarendon county to Columbia, of election of Dr. Boyd, a member of House of Representatives, seven dollars. In the Senate House, the twenty-ninth day of August, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. No. 2007. AN ACT PROVIDING FOR THE BETTER DEFENCE OF THIS STATE; AND FOR OTHER PURPOSES THEREIN MENTIONED. propriated. 1. Be it enacted, by the honorable the Senate and House of RepresentaCommissarytives, now met and sitting in General Assembly, and by the authority general to draw of the same, That the Commissary-general of purchases be, and he is on the Comp hereby, authorized to draw on the comptroller-general to comply with such troller-general for the sum apcontract or contracts as may have been made by him in behalf of this State, or which shall hereafter be made; provided, he does not at any time draw from the treasury more than the sum of ten thousand dollars; and that whenever he may have drawn to the amount of ten thousand dollars, he shall account therefor, previous to his making any further draft ; and that it shall be the duty of the commissary-general to render, monthly, an account to the Governor of the sum or sums so drawn by him, the manner in which the same has been expended, and also the manner in which the articles so purchased have been disposed of. II. And be it further enacted, That the Commissary-general of purchaCommissary ses is hereby required to give bond, with security in the sum of thirty general to give thousand dollars, for the faithful performance of his duty; which security shall be approved of by the Governor and Comptroller-general. bond. purchase munitions of war. III. And be it further enacted, That the Commissary-general do, and Commissary- he is hereby authorized to, contract for and purchase the following munigeneral to con- tions of war for the use of the militia of this State, viz: Five thousand tract for and weight of gun-powder, two thousand muskets and bayonets, five hundred sabres and five hundred pair of pistols for the cavalry, two thousand bayonets, belts and scabbards, cartouch boxes, brushes and pickers, twenty thousand flints, ten iron eighteen pounders, two thousand balls for ditto, two hundred balls for twenty-four pounders, three hundred and forty canteens, one ammunition wagon, five tumbrils, and twenty hanks of match rope: Provided, the said articles shall not exceed the sum of sixty thousand dollars; and if they shall exceed that amount, that so many of them shall be purchased as shall be thought most necessary by the commander-in-chief. Disposal of arms. IV. And be it further enacted, That the arms and equipments herein directed to be purchased, the arms and equipments now on hand, and any arms and equipments which may at any time be appropriated by the general government for the use of this State, shall be distributed and disposed of by the Governor and Commander-in-chief, in such manner and in such proportions among the several regiments of militia, as in his judgment shall most conduce to the interest and better defence of this State. V. And be it further enacted by the authority aforesaid, That each non Blankets. commissioned officer and private of the militia of this State, who has been A.D. 1812. drafted or volunteered to serve in the quota of this State, and has been or shall be actually called into the field on or before the first day of February next, shall be furnished with one blanket, which shall be purchased by the Commissary-general of the State. VI. And be it further enacted by the authority aforesaid, That the Governor be, and he is hereby, authorized to direct the Commissary-general to dispose of any muskets and ordnance in the arsenals of this State, which may be unfit for repair, on the best terms which can be obtained, and deposit the proceeds in the treasury of the State; and that the sum of two thousand dollars be, and the same is hereby, appropriated for the purpose of mounting and putting in complete order, for actual service, the cannon belonging to the State, and repairing the carriages of such as are or may hereafter be injured. Cannon. VII. And be it further enacted by the authority aforesaid, That all Acts or clauses of Acts heretofore passed making appropriations for the purchase of Repealing ordnance, arms or military stores, be, and the same are hereby, repealed; clause. and all sums which remain unexpended of such appropriations shall pass over to the credit of the treasury of this State, to remain there until appropriated by law. In the Senate House, the twenty-ninth day of August, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the Independence of the United States of America. SAMUEL WARREN, President of the Senate. JOHN GEDDES, Speaker of the House of Representatives. AN ACT TO PREVENT THE PERNICIOUS PRACTICE OF DUELLING. No. 2008. I. 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 Duelling prosame, That from and after the passing of this Act, if any person or per- hibited. sons, resident in, or being a citizen of, this State, shall fight a duel, or shall send or give or accept a challenge to fight a duel, within this State, or shall cause any such challenge to be sent, given or accepted, within this State, or within the limits of the United States, his or their seconds, and all and every other person or persons directly or indirectly concerned in fighting any duel, or sending, giving, accepting or carrying or conveying any such challenge, their counsellors, aiders and abettors, upon being thereof convicted in any court having jurisdiction, shall be imprisoned for twelve months, and shall severally forfeit and pay a fine of two thousand dollars, the one half thereof to be appropriated to the use of the State, the other half to the informer, and shall stand committed until such fine is paid, and until he or they shall severally give ample security, to be approved by one of the associate judges of this State, in the sum of two thousand dollars, for his perpetual good behavior, and shall for ever be disqualified from holding any office of honor, profit or trust, in or under this State, or from practising law, physic or divinity within this State, or exercising any other trade or profession or calling whatever. Provided, however, that in case any death shall happen in consequence of any duel, this Act shall not be so construed as to save the offenders the pains and penalties of the laws of the land provided for the punishment of homicide. II. And be it further enacted by the authority aforesaid, That all Acts and |
