nance, by any manner of horse-racing, he or they shall forfeit all such sum or sums of money as he or they shall bet, and also such horse, mare, gelding, colt or filly as shall be so run, to be recovered in any court of record in this State, by bill or plaint; one half of which penalties and one half of the value of which forfeitures, so recovered, for the use of the person or persons suing for the same, and the other half for the use of the State: provided, the penalties and forfeitures inflicted by this ordinance be sued for within two months after the offence shall have been committed. A. D. 1777. II. And be it further ordained by the authority aforesaid, That this. Limitation. ordinance shall be and continue of force for and during the full end and term of three years from passing thereof, and no longer. HUGH RUTLEDGE, Speaker of the Legislative Council. JOHN MATTHEWS, Speaker of the General Assembly. In the Council Chamber, the 14th day of February, 1777. Assented to: J. RUTLEDGE. AN ACT TO PROHIBIT THE SALE OF Goods, Wares and MERCHANDIZES, No. 1055. BY PUBLIC VENDUE, IN THIS STATE. WHEREAS, the sale of goods, wares and merchandizes, by public vendue, by the common practice of persons buying up and engrossing, at such sales, large quantities of commodities, at extravagant prices, without regard to their value, with a view of obtaining an unreasonable advance in retailing the same to such as are in want of them, hath not only raised the price of almost every necessary article to a most exorbitant and expen- Preamble. sive height, whereby it is extremely difficult for the poor and industrious to procure the common conveniences of life, but hath tended greatly as well to depreciate the currency of the Continent and of this State, as to the impoverishment of many honest handicrafts-men and others, who, by mis-spending and loitering their time, in expectation of gaining bargains at such sales and outcries, have greatly neglected their respective occupations; for remedy whereof, and for prevention of such evils and inconveniencies, due to be held I. Be it enacted, by his Excellency John Rutledge, Esq., 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, No public venand by the authority of the same, That from and immediately after the in the State, passing of this Act, no public vendue or auction of goods, wares or mer- with certain chandizes, shall be held or made, any where within this State, by any exceptions. person or persons whomsoever, except as is hereinafter excepted by this Act. II. And be it further enacted by the authority aforesaid, That if any Penalty on sellperson or persons shall, contrary to the directions of this Act, expose to ing goods, &c. sale, or sell, or cause or procure any other person or persons to expose to by vendue. sale or sell, by public vendue or outcry, any goods, wares or merchandizes, (except as hereinafter excepted,) all and every such person or persons in any such case so offending shall, for every such offence, forfeit and pay the A. D. 1777. Sheriffs and other officers tion, &c. by sum of five thousand pounds current money of the State aforesaid, to be recovered by action of debt, bill or plaint, by any person who will sue for the same, in any court of record in this State, wherein no privilege, protection, essoign, wager of law, or any more than one imparlance, shall be admitted or allowed; the one half of which forfeiture shall be for the use of such person suing for the same, and the other half shall be paid into the treasury of this State, for the use of the State. III. Provided always, and it is hereby further enacted, That nothing herein contained shall extend, or be construed to extend, to hinder any may sell goods sheriff, constable or other officer, acting under legal authority, from selling taken on execu- and disposing of, at public vendue, any goods, wares or merchandizes, taken and seized on execution, and liable to be sold by order of any law public vendue. or judgment, or decree of any court, either of law or equity, of this State; or to hinder any person or persons from selling or exposing to sale, by public vendue or otherwise, any goods or chattels whatsoever, taken and distrained for rent in arrear; or to prevent the public sale of any ship, vessel or goods whatever, seized, libelled and condemned in the court of admiralty of this State, as lawful prize, or otherwise forfeited by the laws of this State, or the resolves of the honorable the Continental Congress, relative to the capture of prizes, or the regulation of trade, or any other ship or vessel; or to prohibit any lawful executor or executors, administrator or administrators, from exposing to sale, by public vendue, any goods or chattels which were of their respective testator's or intestate's; or to prevent any person or persons from selling, at public sale, their lands, tenements, live stock, negroes, books, household furniture, or damaged goods; any thing herein contained to the contrary notwithstanding. tions. IV. And be it further enacted by the authority aforesaid, That nothing herein contained shall extend, or be construed to extend, to prohibit any Further excep- merchant, trader or factor, who really has occasion to finish an account of sale of any goods, wares or merchandizes, and shall make oath before the Secretary of this State for the time being, who is hereby impowered to administer such oath, that such goods, wares or merchandizes have been actually in the store of such merchant, trader or factor, making such oath, for sale, for the space of one whole year; in which case, every such merchant, trader or factor shall be at liberty to sell and dispose of, at public sale, such goods, wares and merchandizes, so sworn to as aforesaid, in manner as if this Act had never been made. V. And be it further enacted by the authority aforesaid, That in case any person or persons shall be sued or prosecuted for any matter or thing by him or them done by virtue of or in pursuance of the direction of this Act, it shall and may be lawful to and for such person or persons to plead the general issue and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs shall discontinue his, her or their action, become nonsuit, or a verdict shall pass against him or them, the court in which such action shall be sued or commenced shall tax and allow to every such defendant or defendants, his, her or their double costs of suit, for which the said defendants shall have like remedy as by law is given to other defendants. VI. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force until the first day of January, one thousand seven hundred and seventy-nine, and no longer. HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 22d day of August, 1777. Assented to: J. RUTLEDGE. A. D. 1777. AN ACT for laying out, making and keeping in repair a Public Road No. 1056. in that part of St. Peter's Parish from King Creek to the plantation of John Allen, in the said parish, and from thence continued to Coosawhatchie Bridge; also, that another Road be laid out from the said Allen's to the Two Sisters' Ferry. (Passed August 22, 1777. See last volume.) AN ORDINANCE FOR APPOINTING A NEW LIST OF JURY-MEN FOR THE No. 1057. WHEREAS, by the death and removal of several persons who were heretofore inhabitants of the district of Ninety-Six, and liable by law to serve on juries for the said district, the number are so reduced that there are not remaining on the lists persons sufficient to make out a grand jury, and the list of petit jury are so diminished as to render the service very unequal and burthensome on those whose names are inserted therein, while at the same time many reputable and proper persons who have become settlers and inhabitants in the said district, and others who have airived at full age since the last lists were made out, altogether escape doing any duty in that respect, and the judges, from the causes aforesaid, have been prevented at the last holding of the court in that district to draw a grand and petit jury for the next court, as by law they were required to do; and whereas, it would be extremely hurtful to the public, as well as to individuals who have or may have business depending at the said court, to be delayed for want of a jury to transact the necessary business of the said court on the day appointed by law, for remedy whereof, Preamble. I. Be it ordained by his Excellency John Rutledge, Esq., President and Commander-in-chief in and over the State of South Carolina, the honorable the Legislative Council and the General Assembly of the said State, "Mode of a apand by the authority of the same, That the several persons whose names pointing grandare inserted in the first schedule or list hereunto annexed, entitled a list jurymen, petitof grand-jurymen, shall be drawn by ballot, impannelled, summoned Jurymen, &c. and obliged to serve on all grand juries at the circuit courts to be holden hereafter for the district of Ninety-Six; and the several persons whose names are inserted in the second schedule or list hereunto annexed, entitled a list of petit-jurymen and jury-men in civil causes, shall be drawn by ballot, impannelled, summoned and obliged to serve on all petit and other juries and inquests whatsoever, for the said district of Ninety-Six; and that the several persons whose names are inserted in the third schedule or list hereunto annexed, entitled a list of special jury-men, shall be summoned, returned and obliged to serve as tales-men, in all cases where tales are allowed by law, for the said district of Ninety-Six. II. And be it further ordained by the authority aforesaid, That as soon as may be after the passing of this Act, the judges, or a majority of them, shall cause to be written on small pieces of paper, of an equal size and Names of jurymen, how drawn. A.D.1777. bigness, the names of all the persons hereby appointed to serve as jurymen, and having first diligently compared them with the list or schedule hereunto annexed, shall cause them to be put in a box or chest to be prepared for that proper divisions made therein, which shall be purpose, with marked on the cover, to denominate to what jury they belong; and the said judges, or a majority of them, out of the persons appointed to serve on juries as aforesaid, shall cause to be drawn a grand and petit jury, and jury for civil causes, to serve at the next court to be holden for the said district of Ninety-Six, which drawing shall be at the court room in the State House in Charlestown, on the twenty-seventh day of this present August, between the hours of ten in the forenoon and two in the afternoon, by a child under the age of ten years, agreeable to the usual practice of drawing juries. Jurymen so III. And be it further ordained by the authority aforesaid, That the juries so drawn shall be summoned, returned and impannelled, to serve at the said court for the district of Ninety-Six, to be holden on the fifteenth drawn are to be day of November next; and shall be held, reputed, taken and deemed in held legal and law, to all intents and purposes whatsoever, as competent and legal, and all their acts and verdicts of as full force, validity and effect as if the jury had been drawn at the same time and place prescribed by any former law, rule, usage or practice of the said court, any law, usage or custom to the contrary thereof in any wise notwithstanding. competent. Manner of hereafter. IV. And be it further ordained by the authority aforesaid, That from and after the first drawing of the jury in manner and form as aforesaid, for holding the next court at Ninety-Six, on the fifteenth day of November drawing juries next, the jury thereafter, from time to time, out of the list hereby established, shall be drawn, summoned, returned and impannelled agreeable to, and in manner and form, and at the times and place directed and prescribed by the Act called the Circuit Court Act, or any other Acts in force relative thereto, any thing herein contained to the contrary notwithstanding; and shall be entitled to all the privileges, and subject and liable to all the duties, fines, pains and penalties which are allowed, enjoined and inflicted by the laws of this State on jury-men. (The list of the Jurors' names is omitted.) HUGH RUTLEDGE, Speaker of the Legislative Council. In the Council Chamber, the 22d day of August, 1777. Assented to: J. RUTLEDGE. No. 1058. AN ORDINANCE to EMPOWER THE COMMISSIONERS OF THE TREASURY TO BORROW, UPON THE CREDIT OF THE STATE, THE SUM OF FIVE HUNDRED THOUSAND POUNDS. WHEREAS, it is necessary to equip frigates for the service of the State, and to provide money for the same; wherefore, I. Be it ordained by his Excellency John Rutledge, Esq., President and Commander-in-chief of South Carolina, by the honorable the Legislative Council and the General Assembly of the said State, and by the authority of the same, That the commissioners of the treasury be empowered to receive on loan to the State, the sum of five hundred thousand pounds current money, granting indents for the same, for not less sums than A. D. 1777. HUGH RUTLEDGE, Speaker of the Legislative Council. Assented to: J. RUTLEDGE. AN ORDINANCE TO PROHIBIT THE IMPORTATION OF BRITISH GOODS, No. 1059. FOR DISTRIBUTION OF MONIES ARISING FROM THE SALE OF FORFEITED GOODS AND MERCHANDIZES, AND OTHER PURPOSES. WHEREAS, during the present unnatural war, carried on by Great Britain against the United States of America, it would be highly impolitic, as well as injurious to the interest and safety of the said States, that any Preamble. commercial intercourse should be carried on by this State with any of the dominions of the King of Great Britain, and it is necessary, in order to prevent the same, that proper regulations be established by law for the discovery and punishment of all persons who shall in any such manner offend; to be seized and forfeited. I. Be it therefore ordained by his Excellency John Rutledge, Esquire, President and Commander-in-chief in and over the State of South Carolina, by the honorable the Legislative Council and the General Assembly of Goods, &c. imthe said State, and by the authority of the same, That all goods, wares and ported from merchandizes which shall be imported into this State, contrary to the Great Britain, regulations established by the honorable the Continental Congress and the laws of this State, and thereby become forfeited, shall, after condemnation thereof, be sold, and the monies arising from such sales be disposed of in the following manner, (that is to say) one fourth shall be to the use of such person or persons giving information of such goods so imported, and prosecuting the same to condemnation in the court of admiralty of this State; and the remainder of the said monies shall be paid into the public treasury, for the use of this State: Provided nevertheless, that nothing herein contained shall extend or be construed to extend to any capture or captures made in any port or harbour of this State, by any Continental vessel of war, or any vessel of war of this State, or any private vessel of war, fitted out by private persons. |