Disposal of overplus of land, after the survey. Grants of the said land, here clared null and void. the said sum of six thousand three hundred and eightyone pounds eight shillings and ten pence; and the balance of the money arising from such sale, after deducting the usual commissions, shall be paid by the said commissioners of the treasury to the said Joseph Buffington, his heirs or assigns. III. And be it further enacted by the authority aforesaid, That after parcelling and allotting the aforesaid tract of six hundred acres, in manner as aforesaid, the remainder of the number of acres found by the survey to be made and returned into the treasury of this State as aforesaid, shall become, and is hereby declared to be, vested in the commissioners of the treasury of the State aforesaid, in trust, and to and for the uses of the said State. IV. And be it further enacted by the authority aforesaid, after made, de- That any grant which shall hereafter be made of any of the lands before mentioned, and to be so surveyed as directed by this Act, by any person hereafter impowered to grant any of the lands of this State, shail be null and void, and of no force or effect whatever. HUGH RUTLEDGE, Speaker of the Legislative Council. Speaker of the General Assembly. In the Council Chamber, the 5th day of March, 1778.1 J. RUTLEDGE. No. 1098. Preamble. [4 Cooper's Stats. 447.] AN ORDINANCE FOR PROHIBITING THE EXPORTATION OF ALL KINDS WHEREAS, the Legislature of this State think it expedient that an embargo should be laid on all kinds of provisions until the fifteenth day of November next, unless his Excellency the President, with the advice and consent of the Privy Council, shall think it expedient sooner to take off the said embargo, by proclamation; and whereas, it is also expedient that penalties should be inflicted on all persons who shall violate any embargo 1 See authorizing impressment, act of March 28, 1778, 9 McCord 678. which shall hereafter be laid agreeable to the Constitution of this State. provisions prohibited. I. Be it therefore ordained, by his Excellency Rawlins Lowndes, Esq., President and Commander-in-chief in and over the 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 it shall not be lawful for any person or persons, on or before the fifteenth day of November next, to ship, lade or receive on board any ship, vessel or boat, any rice, indian corn, pease, flour, buiscuit, wheat, rye, small-rice, beef, pork, Exportation of bacon, or any other kind of provisions whatsoever, (except for necessary provisions on the then next intended voyage of such ship, vessel or boat) upon pain of forfeiting all and every the said provisions and other prohibited articles found on board the same, and also treble the value thereof to be paid by the owner or owners, shipper or shippers of such prohibited articles as aforesaid; one moiety thereof for the use of this State, and the other moiety to him, her or them who will inform and sue for the same, in any court of record in this State, by action of debt, bill or plaint, or in the court of admiralty of this State, which said court is hereby authorized and empowered to have jurisdiction of every such cause, if brought before them, and shall proceed to hear, try and determine the same, agreeable to the directions laid down and prescribed by an Act of the General Assembly of this State, passed the thirteenth day of February, one thousand seven hundred and seventy-seven, entitled "An Act to empower the court of admiralty of this State 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;" and the master, mate and other mariners of any such ship, vessel or boat, wherein any such offence shall be committed, knowing the same and willingly aiding and assisting therein, and being thereof duly convicted as aforesaid, shall be imprisoned for the space of three months without bail or mainprise; Provided, nevertheless, that nothing herein contained shall extend or be construed to extend to restrain or prevent any person or persons to ship and export any of the provisions before enumerated, after his Excellency the President, by and 37639-18- -57 lay an embargo with the advice and consent of the privy council, shall think proper to issue his Proclamation giving permission for exporting the said provisions or any part thereof, at any time before the said fifteenth day of November next. II. And be it further ordained by the authority aforesaid, That whenever the Governor or Commander-in-Chief of this State, by and with the advice and consent of the Privy Council, shall think proper to issue and cause to Governor may be published a Proclamation agreeable to the Constituby proclamation. tion of this State, prohibiting the exportation of any kind of provisions or other goods and merchandize, it shall not be lawful for any person or persons whomsoever, to ship or lade on board of any vessel, ship or boat in this State, any such provisions or other goods or merchandize so prohibited by such Proclamation, upon pain of forfeiting all and every the said provisions and other prohibited articles found on board the said ship, vessel or boat, and also treble the value thereof to be paid by the owner or owners, shipper or shippers of such prohibited articles, one moiety thereof to the use of this State, and the other moiety to him, her or them who will inform and sue for the same, in any court of record in this State, by action of debt, bill or plaint, or in the court of admiralty as aforesaid. beef and pork. III. And whereas, the scarcity of hemp, cordage, salted beef and pork, in this State, makes it necessary that the same should be prohibited from being exported for a longer time than the aforementioned articles: Hemp, cordage, Be it therefore ordained by the authority aforesaid, That it shall not be lawful for any person or persons whomsoever, from and after the passing of this Ordinance, to ship or lade on board of any ship, vessel or boat, for exportation, any hemp or cordage, or any salted beef or pork (except for necessary provisions on the then next intended voyage of such ship, vessel or boat from this State) until the first day of October, one thousand seven hundred and seventy-nine, on pain of forfeiting the said hemp, cordage, salted beef and pork, and also treble the value thereof, to be paid by the owner or owners, shipper or shippers, of such hemp, cordage, salted beef or pork, one moiety thereof to the use of this State, and the other moiety to him, her or them who will inform and sue for the same, in any court of record in this State, by action, of debt, bill or plaint, or in the court of admiralty as aforesaid; Provided always, that nothing herein contained shall extend or be construed to extend to prevent the Governor or Commander-inchief for the time being, with advice of the Privy Council, from sending any provisions to any of the militia or troops of this State who may be sent out of the same on public service. HUGH RUTLEDGE, Speaker of the Legislative Council. [4 Cooper's Stats. 480.] AN ORDINANCE FOR PROHIBITING THE EXPORTATION OF ALL KIND AND FOR OTHER PURPOSES THEREIN MENTIONED. No. 1125. WHEREAS, it is expedient that an embargo should be Preamble. laid on all kind of provisions, hemp, cordage, tanned leather, raw hides, and salt, for a limited time; Articles not to I. Be it therefore ordained, by the honorable the Senate and House of Representatives of the said State, now met and sitting in General Assembly, and by the be exported. authority of the same, That it shall not be lawful for any persons or persons, on or before the first day of October next, to ship, lade or receive on board any ship, vessel, or boat, in order to be exported, any hemp, cordage, tanned leather, raw hides, salt, or tallow, or any rice, Indian corn, peas, flour, biscuit, wheat, rye, small rice, beef, pork, bacon, butter, or any other kind of provisions whatsoever, (such only excepted as shall be necessary for the next intended voyage of such ship, vessel, or boat.) Penalty, and II. And be it further ordained by the authority aforesaid, That if any person or persons shall lade on board any ship, vessel, or boat, any of the articles hereby pro- mode of trial. hibited, with intent to carry the same out of this State, every such person, and all such persons, shall forfeit the same; and the owner or owners, shipper or shippers, of the said goods, shall forfeit treble the value thereof, to be recovered in any court of record in this State, by action of debt, bill, or plaint, or in the court of admirality of this State; which said court is hereby authorized and empowered to have jurisdiction in every such cause, and to proceed to determine the same agreeable to the directions of the act of the General Assembly entitled "An Act to empower the court of admiralty of this State to have jurisdiction in all cases of capture of the ships and other vessels of the inhabitants and subjects of Great Britain, and to establish the trial by jury in the said court, in cases of capture, and for other purposes therein mentioned," passed the thirteenth day of February, one thousand seven hundred and seventy-seven, one moiety of which fines and neat amount sales of the goods hereby forfeited shall be paid into the public treasury of this State, and the other moiety thereof to him, her, or them, who shall inform and sue for the same. And every captain or master of the ship, vessel, or boat, on board of which such goods shall be shipped, shall, on conviction thereof, be imprisoned for the space of six months, without bail or mainprize. III. And whereas it is usual to lade on board ships, vessels, and boats, lying in the harbors of Charlestown and Georgetown, and other ports in this State, sundry goods, wares, and merchandise, for the purpose of storing the same, whereby the embargo now laid may be evaded, unless the same be done under particular restrictions; Be it therefore ordained, by the authority aforesaid, That it shall not be lawful for any person or persons to lade on board of any ship, vessel, or boat, any of the said enumerated goods for the purpose of storing the same, unless a permit be first had and obtained for the same, from the collector of the port wherein such goods shall be laden, or of the nearest port thereto, who shall take bond, with a sufficient security, in treble the value of such goods, that the same shall not be exported or carried out of this State, in violation of the embargo hereby imposed. IV. And be it further ordained by the authority aforesaid, That all the goods, wares, and merchandise above enumerated, which may have been laden on board of any ship, vessel, or boat, shall be relanded within ten days after the passing of this ordinance, under all the forfeitures and penalties above mentioned, unless the owner or owners, shipper or shippers thereof, shall procure a permit and give bond with security, as above mentioned: Provided that nothing herein contained shall extend, or be construed to extend, to prevent the Governor and Commander-in-chief, by and with the advice |
