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commissioners.

IV. And be it further ordained by the authority aforesaid, That instead of seven there shall hereafter be nine Power of the commissioners for the superintendence and direction of the navy of this State; which said commissioners, or any three or more of them, are hereby vested with all the powers and authorities which any commissioners of the navy have hitherto legally held or exercised; any law, custom or usage in any wise to the contrary notwithstanding.

to prize money,

prisoners, to re

from the public

V. And whereas, by an Act of the General Assembly Seamen entitled of this State, passed the thirteenth day of February, one who are taken thousand seven hundred and seventy-seven, entitled ceive their share "An Act to impower the Court of Admiralty of this State treasury. to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, to establish the trial by jury in the said court in cases of capture, and for other purposes therein mentioned," it is thereby enacted, that if any mens' shares shall remain in the hands of the agents and marshal for the space of nine months after such notice, without being legally demanded, then such share or shares so remaining in the agent and marshal's hands, as aforesaid, shall be paid into the public treasury, for the use of this State; Be it further ordained by the authority aforesaid, That the said clause is hereby declared not to extend to such seamen as have been or shall be taken prisoners on board any vessel of war of this State, before the time limited for the payment of such seamen's distributive share of prize money: Provided always, that such seaman's share, so taken prisoner as aforesaid, shall, nevertheless, be paid into the public treasury, there to remain until claimed by him or them respectively.

HUGH RUTLEDGE,

Speaker of the Legislative Council.
THOMAS BEE,

Speaker of the General Assembly.

In the Council Chamber, the 23d day of August, 1777.

Assented to:

J. RUTLEDGE.

No. 1063.

Preamble.

[4 Cooper's Stats. 402.]

AN ACT TO REPEAL AN ACT ENTITLED "An Act to prohibit the Sales
of Goods, Wares and Merchandizes, by Public Vendue, in this State,"
PASSED THE 22d DAY OF AUGUST, A. D. 1777; also, an ORDINANCE
IMPOSING PENALTIES ON HORSE-RACING, PASSED THE 14th DAY OF
FEBRUARY, 1777; and to REGULATE IN FUTURE the Sales of GOODS,
WARES AND MERCHANDIZES, BY PUBLIC Vendue.

WHEREAS, an Act was passed during the last sitting of the present Assembly, entitled "An Act to prohibit the sales of goods, wares and merchandizes by public vendue in this State," which has not effected the salutary purposes for which it was made;

1. Be it therefore enacted by his Excellency John Rutledge, Esq., President and Commander-in-chief in and Former Vendue Over the State of South Carolina, by the Honorable the

Act repealed.

be held only on

Thursdays.

Legislative Council and General Assembly of the said
State, and by the authority of the same, That the said
Act be, and it is hereby, repealed, and declared null and
void, and of no effect whatever.

II. And be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons whomVendue sales to soever, hereafter, to sell, or expose to sale, by public venTuesdays and due, in Charlestown, any sorts of goods, wares and merchandizes, whatsoever, on any other days in the week than upon Tuesdays and Thursdays, under the pain of forfeiting the sum of five hundred pounds current money, for every offence, to be recovered by action of debt or information, in any court of record in this State, by any person or persons who will sue for the same, to his or their own

use.

III. And whereas, a practice hath heretofore prevailed among vendue masters, of setting up to sale large quantities of goods, wares and merchandizes, in one lot, whereby shop-keepers are alone enabled to purchase at such sales, and persons who are desirous of buying merely for the use of their families, are thereby prevented; for remedy of Goods to be sold SO great an evil, therefore, Be it enacted by the authority by the piece or aforesaid, That from and after the passing of this Act, it shall not be lawful for any person or persons whomsoever, to set up to public sale, in one lot, more than one piece of any sort of woollen, cotton or linen cloth, or more than one dozen of such other kinds of goods, wares or merchandizes, as are usually put up or sold by the dozen, and so in the same proportion as to quantity, quality or value of any other kind of goods, on pain of forfeiting the

dozen.

whole of such goods, so exposed to sale in such lot or lots, to the sole use of any person or persons who will seize the

same.

may be pleaded.

IV. And be it further enacted by the authority aforesaid, That if any person or persons shall be sued or prosecuted for any matter or thing by him or them done in pur-General issue suance of the directions of this Act, it shall and may be lawful for such person or persons to plead the general issue, and to give this Act and the special matter in evidence; and if the plaintiff or plaintiffs shall discontinue, become non-suit, or a verdict shall pass against him or them, the defendant or defendants shall be entitled to recover his or their double costs of suit, and to have the like remedy for them as by law is given to other defendants.

against horseracing, repealed.

V. And be it further enacted by the authority aforesaid, That an ordinance of the General Assembly, passed the fourteenth day of February, one thousand seven hundred an ordinance and seventy-seven, entitled "An Ordinance imposing penalties on horse-racing," be, and the same is hereby, repealed, to all intents and purposes whatsoever.

VI. And be it further enacted by the authority aforesaid, Limitation. That this Act shall continue and be of force for two years

from the passing thereof, and no longer.

HUGH RUTLEDGE,

Speaker of the Legislative Council.
THOMAS BEE,

Speaker of the General Assembly.

In the Council Chamber, the 6th day of February, 1778.
Assented to:

J. RUTLEDGE.

[4 Cooper's Stats. 404.]

AN ACT FOR VESTING SIX HUNDRED ACRES OF LAND, WHEREON THE
IRON WORKS OF JOSEPH BUFFINGTON ARE, IN THE TREASURERS OF
THIS STATE, FOR AND UPON CERTAIN USES AND TRUSTS; AND ALSO
VESTING ANOTHER PARCEL OF LAND IN THE SAID TREASURERS, FOR
THE USE OF THIS STATE.

No. 1065.

WHEREAS, the late Congress of this State, desirous of Preamble. encouraging the manufacture of iron within the same, have advanced, on loan, to Joseph Buffington, of Lawson's Fork, in the said State, the sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence current money, for the carrying on of such manufactory, on condition that William Woffard and

others, having any title to fifty acres of land conveyed to the said Joseph Buffington by James Macilroy, and whereon the said iron works were supposed to be erected at the time of such loan, should release such their title therein to the said Joseph Buffington; and the said Joseph Buffington, in consequence of such resolve, hath mortgaged to the public treasurers of the State aforesaid, the said fifty acres of land, and a tract of one thousand acres conveyed to him by Thomas Ferguson, Esq. as a security for the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, and in trust that, if the said Joseph Buffington should not pay into the treasury of the State aforesaid the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, within four years from the time of such mortgage, the said fifty acres of land and the iron works thereon, and the said tract of one thousand acres, should be then sold by the treasurers of the State for the time being, for the payment of the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, paying the overplus to the said Joseph Buffington, according to the said resolve of Congress; and whereas, it is now found that the said iron works, by some mistake, are not erected within the limits of the said Joseph Buffington's tract of fifty acres, conveyed to him by the aforesaid James Macilroy, as aforesaid, and by him mortgaged as aforesaid, but are without the same, and on lands not granted, but still vacant, on Lawson's Fork, a branch of Pacolet river, in the State aforesaid; and that William Woffard hath, by fraudulent means, by warrant of survey, obtained in the name of Thomas Waddill, for the surveying of six hundred acres, and by another warrant of survey in the name of Robert Hamet, for the surveying of five hundred and fifty acres, endeavoured to obtain a grant for the nominal number of eleven hundred and fifty acres of land, contiguous to the aforesaid tract of fifty acres, but in fact for a larger quantity of acres, so as to include the said iron works, to the great injury of the said Joseph Buffington, and to the prejudice of the security which is given by him for the payment of the aforesaid sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence; for remedy whereof, and in order the more effectually to accomplish the end of the said resolve of Congress, and the agreement of the said Joseph Buffington.

The aforesaid

I. Be it enacted by his Excellency John Rutledge, Esq., lots to be accuPresident and Commander-in-chief in and over the rately surveyed. State of South Carolina, by the honorable the Legislative Council and General Assembly of the said State, and by the authority of the same, That immediately after the passing of this Act, it shall and may be lawful for the public treasurers of this State for the time being, and who are hereby directed and required, to appoint a lawful surveyor to make a just and accurate survey of the number of acres contained in the survey already made by the aforesaid William Woffard, and ascertain the exact number of acres contained in such survey, and also to parcel off from the said number of acres, so surveyed, the quantity of six hundred acres, in a distinct parcel or body, contiguous to the fifty acres conveyed to Joseph Buffington by James Macilroy, as aforesaid, so as to include the iron works of the said Joseph Buffington; such survey to be returned, duly certified on oath, into the treasury of this State, within four months thereafter.

Land vested in

uses and pur

II. And be it further enacted by the authority aforesaid, the public treasThat the parcel of six hundred acres of land, so to be urers, for certain surveyed as aforesaid, together with all the buildings and poses. improvements thereon, shall, immediately after and from the time of such survey, become and is hereby declared to be vested in the commissioners of the treasury of the State aforesaid, and their successors in the said office of treasurers, for the following uses and purposes, (that is to say,) in trust that it the said Joseph Buffington shall, within four years next ensuing, from the eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy-six, pay into the public treasury of this State, for the use of the same, the aforesaid sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, without interest, that then and in such case the said six hundred acres of land, with the buildings thereon, as aforesaid, shall become vested in and remain the property of the said Joseph Buffington, his heirs and assigns, for ever; but if in case the said Joseph Buffington shall not pay the said sum of six thousand three hundred and eighty-one pounds eight shillings and ten pence, within the time limited as aforesaid, that then and in such case the said commissioners of the treasury or the State aforesaid, or their successors, shall sell and dispose of the same for the payment of

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