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actually and faithfully cause the said negroes so allotted, to proceed to the place of their destination, according to the notice given by such committees, or any three or more of their members, respectively, that then and in every such case, the said committees, respectively, shall have power, and they, or any three or more of their members, respectively, are hereby authorized and required, by warrant under their hands, directed to any one or more persons, to cause such and so many negroes belonging to the person or persons so neglecting or refusing, as were ascertained as his or her quota, to be immediately impressed, seized and conveyed to Charlestown, or other place of destination, there to be employed and kept in the public service, for and during the space of three months, if so long wanted, without any pay, wages or allowance whatever to the owner or owners thereof.

III. And be it further ordained by the authority aforesaid, That if it shall appear to the said committees, or any three or more of their members, respectively, more conducive to the public service, or more convenient to the inhabitants in general, that then they shall use their best discretion and judgment, either to take the number of negroes required by the President's order, from the whole district or parish, in equal proportions, according to the number each owner possesses, or to divide and parcel the district or parish into classes or divisions, obliging each class or division alternately to supply the number required, and to relieve each other by turns, at the expiration of a certain given time; or to make such other just and equitable arrangement or regulation in the premises, as may best suit the particular circumstances of the people, or most effectually promote the public good; provided always, that no negroes so sent and employed on the public works, shall be returned or discharged until a like number shall actually arrive to replace them, if wanted.

IV. And be it further ordained by the authority aforesaid, That every owner who shall, in obedience to this Ordinance, send his slaves to work on the public account, agreeable to the appointment of the committees, or any three or more of their members, as aforesaid, respectively, shall receive for each negro, per day, the sum of ten shillings, current money, free of deduction, from the time of leaving their master's or mistress's service to the time they may be discharged from the public service, allowing 37639-1856

a reasonable time for returning home, over and besides the maintenance of the said slaves.

V. And be it further ordained by the authority aforesaid, That the said committees, or any three or more of their members, respectively, shall have power and authority, and they are hereby required, to cause a double proportion of slaves to be sent to work for the public benefit, as aforesaid, from all and every person and persons resident in their respective parishes and districts, who have not subscribed the general association of the inhabitants of this State, and taken the oath of fidelity to the present government of the same, or who shall refuse to subscribe the said association, or take the said oath, on its being tendered by any of the members of the committees, as aforesaid, who are hereby severally authorized and impowered to administer such oath.

VI. And be it further ordained by the authority aforesaid, That this Ordinance shall be of force for and during the term of one year from the passing thereof.

THOS. SHUBRICK,

Speaker of the Legislative Council.
JAMES PARSONS,

Speaker of the General Assembly.

In the Council Chamber, the 9th day of October, 1776.
Assented to:

J. RUTLEDGE.

No. 1040.

Preamble.

[4 Cooper's Stats. 379.]

AN ACT FOR IMPOWERING THE COMMISSIONERS THEREIN NAMED TO
PURCHASE CERTAIN LANDS IN CHRIST CHURCH Parish, at or near
THE PLACE CALLED HADDREL'S POINT, AND VESTING THE SAME
IN THE COMMISSIONERS OF THE TREASURY, FOR THE USE OF THIS
STATE, AND FOR OTHER PURPOSES THEREIN MENTIONED.

WHEREAS, it is necessary, for the service and security of this State, that proper barracks be built at or near the place called Haddrel's Point, near Sullivan's Island, for the accommodation of such troops as it may be expedient to post or station there for the defence of American rights, during the war with Great Britain;

I. Be it therefore enacted by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, and by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That

Commissioners

chase land, erect

Colonel Charles Pinckney, General Wm. Moultrie, Major appointed to purBarnard Beekman, Daniel Cannon and Gabriel Capers, barracks, &c. Esqs. be, and they are hereby appointed, commissioners, with full power and authority to any three or more of them, to contract with and purchase of the owner or owners of lands at or near Haddrel's Point, such part or quantity of the same as may be necessary for the building and erecting of public barracks and fortifications thereon, and for other military purposes.

land to be ascer

praisement.

II. And be it further enacted by the authority afore- Value of the said, That it shall and may be lawful for the commis-tained by apsioners aforesaid, or a majority of them, to cause to be laid out and ascertained such part and parcels of the said land as to them shall seem necessary for the purposes aforesaid, and to cause the said parts and parcels of land, so laid out and ascertained as aforesaid, to be valued and appraised by four indifferent persons, being freeholders, two whereof shall be chosen by the said commissioners or a majority of them, and other two by the owner or owners of such parts and parcels of land so laid out as aforesaid; which said appraisement shall be returned upon oath, under the hands and seals of such appraisers, within ten days from the time of their being appointed appraisers as aforesaid: Provided never- Proviso. theless, that if such appraisers cannot agree within the time herein limited, that then it shall and may be lawful for them to choose a fifth person, who shall make such valuation and the appraisement as aforesaid, within five days after such appointment, which shall be under hand and seal, and returnable as aforesaid; and which said valuation and appraisement, made by such appraisers, or such other fifth person chosen by them, and returned in manner as before mentioned, shall be binding and conclusive on all parties whatsoever.

at or In case of negascer-land, commissionshall the appraisers.

lect of owners of

III. And be it further enacted by the authority aforesaid, That in case any proprietor or owner of lands near Haddrel's Point, which may be laid out and tained as aforesaid, for the purposes aforesaid, refuse or neglect to appoint two appraisers in his, her or their behalf, as aforesaid, within five days after being warned so to do by the commissioners aforementioned, or a majority of them, that then it shall and may be lawful for the said commissioners, or a majority of them, to nominate four indifferent persons, being freeholders, who shall value and appraise such land and return such

ers may appoint

for out of the pub

dent.

valuation and appraisement in manner as before directed; which shall be binding and conclusive on all parties whatsoever.

IV. And be it further enacted by the authority aforeLand to be paid said, That the owner or owners of all such parts and lic treasury by or parcels of land, which shall be valued and appraised under and by virtue of this Act, for the purposes aforesaid, shall be paid for the same out of the public treasury of this State, according to such valuation or appraisement, immediately after such appraisement shall be returned by the appraisers, in manner as before mentioned, to the commissioners appointed by this Act, and after the said commissioners or a majority of them shall certify the same to the President and Privy Council for the time being, who shall make an order on the treasury for such payment as aforesaid.

V. And be it further enacted by the authority aforesaid, To be vested in That all such parts and parcels of land as shall be valued ers of the treasury and appraised under and by virtue of this Act for the

the commission

impowered to lay. out roads.

purposes aforesaid, shall, immediately after the date and return of such appraisement, become vested in the commissioners of the treasury for the time being, in trust for and to the use of this State, and to no other use or purpose whatsoever; and that the owner or owners of such parts and parcels of land shall, upon receipt of the amount of such appraisement, make and execute proper deeds and conveyances in law, for conveying and assuring of the same to the commissioners of the treasury for the time being, as aforesaid, according to the intent and meaning of this Act.

VI. And be it further enacted by the authority aforeCommissioners said, That the commissioners named and appointed in and by virtue of this Act, or a majority of them, shall have full power and authority to lay out and make any road or roads through any land whatever, from Hobcaw to Sullivan's Island, and from the aforesaid barracks at or near Haddrel's Point or Shem Creek, and from the barracks as aforesaid to Greenwich Bay, which may be necessary, proper or convenient for the more safely, easily or expeditiously conveying provisions or stores or marching troops, belonging to this or any of the United States, to the said barracks, at or near Haddrel's Point and Sullivan's Island, as aforesaid; and that where any such road or roads shall be made as aforesaid, through any land or lands of private

persons, the damage sustained thereby by the owner or owners of such lands, shall be valued and appraised in manner as before directed, and which said valuation and appraisement shall be binding and conclusive on all parties whatsoever; and, on being certified by the said commissioners, or a majority of them, to the President and Privy Council, in manner as aforesaid, such damage or damages, so valued and appraised, shall be paid out of the public treasury of this State to the person or persons respectively sustaining the same.

to be filled

VII. And be it further enacted by the authority aforesaid, That in case any of the commissioners appointed Vacancies, how under and by virtue of this Act shall happen to die, depart the State, or refuse to act, that then it shall and may be lawful for the others of them to appoint a commissioner or commissioners in the stead of him or them so dying, departing the State, or refusing to act, who shall have the same powers and authorities. as if they had been originally named in this Act.

may be pleaded.

VIII. And be it further enacted by the authority aforesaid, That any commissioner or commissioners appointed General issue in or who shall be hereafter appointed under and by virtue of, this Act, and every other person acting by or under their authority, who shall be sued, prosecuted or molested for any matter, cause or thing whatsoever, done or executed, or caused to be done or executed by virtue of or in pursuance of this Act, may plead the general issue and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs shall suffer a discontinuance, become nonsuit, or a verdict shall pass against him or them, he or they shall forfeit and pay treble costs of suit.

HUGH RUTLEDGE,
Speaker of the Legislative Council.

JOHN MATTHEWS,

Speaker of the General Assembly.

In the Council Chamber, the 13th day of February, 1777.

Assented to:

J. RUTLEDGE.

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