A. D. 1788. tion thereof in the office of the secretary of this State, who is hereby authorized and required to record the same. In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1405. AN ORDINANCE FOR APPOINTING AND AUTHORIZING COMMISSIONERS TO RESURVEY AND LAY OUT THE TOWN OF WILLIAMSBURGH, IN THE DISTRICT OF GEORGETOWN. 1. Be it ordained, by the honorable the Senate and House of RepresenCommissioners tatives, in General Assembly met, and by the authority of the same, appointed to That the persons herein named, to wit, John McCauley, John Burgess, lay out lots in senior, James Witherspoon, junior, William Frierson, John Scott, Robert Williamsburgh McConnell, Thomas McConnell, James Fleming, senior, and Robert Persons to hand in their claims to the commissioners. Frierson, shall be commissioners, and have authority to cause to be resurveyed and laid out in half-acre lots, all that parcel of land allotted by law for the town of Williamsburgh, in Georgetown district, and bounding as follows, viz. on the southwest by Black river, on the northwest by the land of John Scott, on the northeast by lands of James Witherspoon, junior, and Moses Gordon, and on the southeast by the lands of Thomas Landale. II. And as sundry grants of lands had passed between the year one thousand seven hundred and thirty, and the year one thousand seven hundred and forty-five, under the name of bounty lands, the proprietors whereof were entitled to lots in the said town, many of which lots were not laid out or ascertained to the proprietors; Be it ordained by the authority aforesaid, That all proprietors of lands under the said description, and having a right to a lot or lots in the said town, shall, within six months after the passing of this Ordinance, make known to the said commissioners their claim, by producing their titles, to enable the said commissioners to assign to each claimant the quantity he is entitled to; and thereupon the commissioners shall locate and lay out the same in such manner as shall be reasonable. The said commissioners shall reserve such lots as they shall deem necessary for two churches, for a public school and market-house, and other public purposes, and shall sell or dispose of the residue, by public auction or otherwise, as they shall deem most advantageous; and the moneys arising therefrom, after paying the surveyor and other necessary charges, shall be appropriated for the establishing a public school for the education of youth in the said town, under direction of the said commissioners. III. And be it further ordained by the authority aforesaid, That any Commissioners five of the said commissioners shall have authority to act under this Ordinance, and to fill any vacancies which may happen by the death, refusal, or removal of any of the other commissioners. to fill vacancies. &c. Persons may IV. And be it further ordained by the authority aforesaid, That if any plead the gen- person shall be sued for any thing done by virtue of this Ordinance, he eral issue. may plead the general issue, and give this Ordinance and the special matter in evidence. In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. A D. 1788. AN ORDINANCE for the better establishing of Huger's Ferry, on the No. 1406. Congaree river. (Passed February 27, 1788. Sce last volume.) AN ORDINANCE for establishing a Ferry near Rocky Creek, on the No. 1407. Catawba river, and vesting the said Ferry in the Company for opening the Navigation of the Catawba and Wateree rivers. (Passed February 27, 1788. See last volume.) AN ORDINANCE TO REPEAL IN PART "An Ordinance for appointing No. 1408. Brigadier General Francis Marion Commandant of Fort Johnston," PASSED MARCH 10, 1784; AND FOR OTHER PURPOSES HEREIN MEN TIONED. WHEREAS, the great expense of maintaining the post at Fort Johnston in its present form, is become burthensome to the citizens of this Preamble. State; I. Be it ordained, by the honorable the Senate and House of Representatives, now met and sitting in the General Assembly, and by the authority Former ordiof the same, That the said before recited Ordinance, and all matters and nance repealed. things therein contained, be, and the same is hereby, repealed. on continued in command. II. And be it further ordained by the authority aforesaid, That Brigadier General Francis Marion be, and he is hereby, continued in the com- General Marimand of the post at Fort Johnston, and shall have all the and aupower thorities as when he was appointed commandant thereof, and shall receive as a compensation for his services, five shillings per day. III. And be it further ordained by the authority aforesaid, That the Governor or Commander-in-chief for the time being is hereby authorized and empowered to appoint a sergeant and six men, invalids from the late disbanded troops of this State, if such can be procured competent to the VOL. V.-10. General Mari on and seven men to reside A. D. 1788. service, and if not, such others as his Excellency the Goveruor may think fit and proper; the pay of sergeant to be ten dollars per month, and each of the men one shilling per day, and ten pence each for rations; and which shall be paid quarterly by the commissioners of the treasury, out of the tonnage money imposed upon shipping; and the said Brigadier General Marion, with the seven men so to be appointed, shall reside at Fort Johnston, and shall do and perform all the requisite duties appertaining to the said post. at Fort John ston. In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1409. AN ACT TO DECLARE VOID AND OF NONE EFFECT A GRANT OF LANDS IN THE FORK OF BROAD AND SALUDY RIVERS, UNLAWFULLY OBTAINED. Preamble. WHEREAS, Jonas Beard, in the year one thousand seven hundred and eighty-six, obtained a warrant of survey to appropriate to himself the whole of the vacant lands in the Fork between Broad and Saludy rivers, beginning as far up Broad river as thirty-one miles from the confluence, and run a single line across the neck, until he struck the river Saludy, a distance of about sixteen miles; and passing through sundry settlements, the property of others under former grants, without surveying the course of the rivers, or making any other than a single line. Although he could not possibly know what tracts, or how much vacant lands lay interspersed among the settlements throughout that great body of land, yet he returned into the office a plat thereof, which he laid down from, and according to, Guillard's map, and estimated the quantity at about fifty-one thousand three hundred acres, and passed the same into a grant so suddenly, that the inhabitants whose property was threatened had not information or opportunity to caveat the same. Thus, in order to oblige the inhabitants of that extensive settlement to produce their titles, or if they had lost them in the war, or by other accident, to seize their land as vacant. In order, therefore, to prevent the alarms of the people, and the litigation and suits that may arise from the said unreasonable and unlawful grant ; I. Be it enacted, by the honorable the Senate and House of RepreGrant declared sentatives, in General Assembly met, and by the authority of the same, null and void. the said grant is hereby declared void, and of none effect. In the Senate, Friday, this twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. A. D. 1788. AN ACT TO PROCURE A CENSUS OF THE FREE WHITE INHABITANTS OF No. 1410. THIS STATE. WHEREAS, the representation in the second branch of the Legislature is not only too great but unequal; and whereas, a perfect knowledge Preamble. of the number of free white inhabitants is necessary for ascertaining a just and adequate representation; take a census 1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Militia officers authority of the same, That the commanding officer of every regiment of required to militia throughout this State, shall, within six months after the passing of of the people. this Act, issue out his orders to the several captains, or other officers commanding companies of their respective regiments, requiring them, and each of them, to take an exact enumeration of all the free white men of every age, from sixteen years and upwards, dwelling within the circle of their respective beats or companies, within one month from the time such orders shall be issued; and within fourteen days thereafter return the same to the commanding officer of the regiment to which he belongs, who shall, within ten days after the receipt of the same, make a general return of the whole number to the commanding officer of the district; and the brigadiers or other officers commanding districts, are required to make out general returns from those made to them, signed by themselves, and return them to the secretary's office on or before the first day of October next. II. And be it enacted by the authority aforesaid, That any officer refus- Penalty on reing or neglecting to execute the same, shall be liable to the penalty of fifty fusal or neglect pounds sterling. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. AN ACT to alter and amend the several County Court Acts. No. 1411. AN ACT to amend an Act entitled "An Act to authorize Commissioners No. 1412. for continuing East Bay street to Ashley river, to make a new assessment for completing the same; and to repeal such clauses of the High Road Act, passed the twenty-second day of March, one thousand seven hundred and eighty-five, as relates to the said street." (Passed February 29, 1788. See last volume.) A. D. 1788. No. 1413. AN ACT FOR BUILDING A GOAL WITHIN ONE MILE OF COOSAWHATCHIE BRIDGE, AND FOR REMOVING THE COURT OF BEAUFORT DISTRICT FROM BEAUFORT TO THE SAID PLACE. Preamble. appointed to procure the erection of a jail. WHEREAS, sundry inhabitants in Beaufort district on the main, have, by their petition, represented the great difficulties and inconveniences they experience from the court-house and gaol being on the island of Port Royal; I. Be it therefore enacted, by the honorable the Senate and House of Commissioners Representatives, now met and sitting in General Assembly, and by the authority of the same, That the honorable John Bull and Thomas Heyward, junior, Esquires, Charles Dupont, James Postell, George Hipp, John McPherson, Thomas Hutson, and Samuel Maner, Esquires, shall be, and are hereby appointed, commissioners to agree with any person or persons to erect and build a gaol within one mile of Coosawhatchie bridge; and they are hereby empowered to purchase so much land for the purpose aforesaid, as to them shall seem necessary. To be called one of the jails trict. II. And be it further enacted by the authority aforesaid, That as soon as a good and sufficient gaol shall be finished within one mile of Coosawof Beaufort dis- hatchie bridge, as aforesaid, the jurors to be summoned for Beaufort district shall be summoned to appear at the said place, where the courts of common pleas and the general sessions of the peace shall then and thereafter be held; and the said gaol shall be deemed and called one of the gaols of Beaufort district. In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America. JOHN JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1414. AN ACT for incorporating divers Religious Societies therein named. (Passed February 29, 1788. See last volume.) No. 1415. AN ACT to incorporate the Vestries and Churchwardens of the Episcopal Churches in the Parishes of St. Luke, St. Matthew, Prince George, Winyaw, St. Stephen, and St. James, Goose Creek, and also the Vestries and Churchwardens of the Episcopal Churches of Claremont and of St. Helena Island. (Passed February 29, 1788. See last volume.) |
