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patrol duty.

chattels to be levied on, then the officer who issued the warrant B is hereby authorised and required to issue a warrant against the linquent may body of the delinquent, and take him to the common gaol, there to remain for such time as is already provided for by law, unless the fine and costs may be sooner paid. [See No. 154.]

ACT of Dec. 18, 1819. Pamphlet edit. 29. 295. Sec. I. Be it enacted, &c. That it shall be the duty of Patrol dis the captains of the several beat companies within this state, trlets to be within six months after the passing of this act, to cause their respective beats to be divided into convenient patrol districts, which divisions when made, shall be permanent, until the same shall be altered by a majority of the officers of the said company; and in case the captain of any beat company shall neglect to perform the duty herein before required of bim; he shall forfeit and pay the sum of thirty dollars, to be recovered in any court having competent jurisdiction. • 296. SEC. II. And be it further enacted, &c. That it shall be the duty of the commanding officer of each and every beat company, to cause to be made out a roll for each patrol district, made out. which shall include the names of all the free white male inhabitants above the age of eighteen years, residing within the said patrol district; Provided, that nothing herein contained shall Who are ex be construed to compel any male inhabitant of any beat compa- empted from ny to perform patrol duty, either in person or by substitute, wbo may have attained the age of 45 years or upwards, and who shall not possess any slave or slaves.

297. Sec. II. And be it further enacted, That it shall be the duty of the commanding officer of each and every beat company, at every regular petty muster, lo prick off from the roll of each patrol district at his discretion, any number of persons, who shall perform the duty hereinafter prescribed, until the next regular petty muster; and to every patrol the commanding officer of the company shall appoint some prudent and discreet person as commander; and in case the commanding officer of the com- Patrol to be pany shall fail to prick off such patrol, or the commanders of the patrol shall fail to perform the duties herein required of them, They shall respectively forfeit and pay, to be recovered by indictment, a sum not exceeding thirty dollars.

298. Sec. IV. And be it further enacted, &c. That it shall be the duty of the commander of every patrol, at least as often as I turoroue once a fortnight, to call out the patrol under his command, and night. to take up all slaves who may be found without the limits of their owners' plantations, under suspicious circumstances, or at a suspicious distance therefrom, and to correct all such slaves by a moderate whipping, with a switch or cowskin, not exceeding twenty lashes, unless the said slave shall have a ticket or letter to show the reasonabless of his or her absence, or shall have some white person in company to give an account of the business of such slave or slaves; and if any white man shall beat or abuse any slave, quietly and peaceably being in his or her

pricked off.

master's plantation, or found any where without the same, with a lawful ticket, he shall forfeit the sum of fifty dollars, to be recovered by the owner, and to his use, by action of debt, besides being liable to the owner in an action of trespass for damages. I

299. SEC v. And be it further enacted, &c. That the said

patrols, in their respective divisions, shall have power, and they Way enter are hereby authorised and required, to enter into any disorderly disorderly , house, or into any other house, vessel or boat, suspected of har

bouring, trafficking or dealing with negroes, whether the same be occupied by white persons, free negroes, mulattoes, mestizoes or slaves, and to apprehend and correct all slaves found there, by whipping, as herein before directed ; and the said patrols are moreover authorised and required, to give information of such white persons as may be found in such house, vessel or boat, and to detain in their possession such produce or articles for trafficking, as may be found in such house, vessel or boat, if such detention be authorised by any three freeholders, or by any justice of the peace, until the same shall be recovered according

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300. Sec. vi. 'And be it further enacted, &c. That it shall not be lawful for any slave, except in the company and presence of some white person, to carry or make use of any fire arms, or

other offensive weapon, unless such slave shall have a ticket or Slaves not to license in writing, from his owner or overseer, or be employed carry or use to hunt and kill game, mischievous birds or beasts of prey, with

in the limits of his mater's plantation, or shall be a watchman in and over his owner's field and plantation ; and in case any white person shall find any slave using or carrying any gun or other offensive weapon, contrary to the intent and meaning of this act, he, she or they may lawfully seize such gun or offensive weapon, and convert the same to his, her or their own use"; but before the property of such goods shall be vested in the person who shall seize the same, such person shall within forty eight hours after such seizure, go before the next justice, and shall make oath of the manner of taking, and if such justice of the peace after such oath shall be made, or if, upon ony other examination, he shall be satisfied that the said fire arms or other offensive weapons, shall have been seized according to the directions and agreeable to the true intent and meaning of this act, the said justice, shall by certificate under his hand and seal, declare them forfeited, and that the property is lawfully vested in the person who seized the same ; Provided, that no such certificate shalt be granted, until the owner or owners of such fire arms, or other offensive weapon, so seized as aforesaid, or the overseer or overseers who shall or may have the charge of such slave or slaves from whom such fire arms or other offensive weapon shall be taken or seized, shall be duly summoned, to shew cause (if any such they have, why the same should not be condemned as forfeited, nor until forty eight hours after the service of such summons and oath made of the service thereof before the said justice.

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301. Sec. vii. And be it further enacted, &c. That the com

Patrol to be manders of every patrol shall have power to keep the men under kept in good his command in good order and demeanor, during their term of a

order and

disciplines service, and in case any patrol man shall misbehave himself, or neglect or disobey the orders of his commander, he shall be subject to a fine of not more than two dollars, to be inposed by the company court martial to which such offender shall belong, to be paid to the commissioners of the poor, for the use of the poor.

302. Sec. VIII, Be it further enacted, &c. That if any captain of a patrol shall act disorderly while on duty, so as to defeat Captain of the orderly performance or execution of the patrol laws, agreea- Da lined a lor ble to the true intent and meaning thereof, he shall be liable to misconduct. be returned by either of the members of his patrol, or other person competent to give evidence, to the commanding officer of the beat, who shall order a court martial for such trial, and upon sufficient evidence being given of the charge, such captain of the patrol shall be fined in the sum of five dollars, to be recovered and applied as aforesaid, to the use of the poor.

303. Sec. IX. And be it further enacted, &c. That it shall be lawful for any person or persons hereby declared liable to per- S

Substitutes form patrol duty, to send any able bodied white man, between ployed. the ages of 18 and 60, to perform patrol duty for him or them; and if any patrol man shall neglect or refuse to perform the duty required of him by this act, or to procure a substitute to perform the same without a legal excuse, he shall forfeit and pay a fine of two dollars for each and every such default, and ten per cent. on his general tax for the year preceding, paid by him on the pro- default. perty owned by him in the district or parish in which he is a defaulter, to be inflicted by a court martial of the company in which the offender may reside, to the use of the poor of the district or parish.

304. Sec. X. And be it further enacted, &c. That each captain of patrol shall make a return upon oath, of the performance Return to be of the duties of his office, as commander of such patrol, to the oath. captain or officer commanding the beat company, at the regular times required by this act, under the penalty of a fine of twenty dollars to be recovered by indictment.

305, Sec XI. And be further enacted, &c. That it shall be awful for all persons, as well patrol as other persons, to appre- Slaves to be hend and moderately correct with stripes, not exceeding twenty, apprehended

& corrected. all slaves who may be found without their masters' plantations, without a ticket in the form or of the import of the ticket before prescribed by this act, to be used by persons who shall have the care or management of any slave or slaves, or with a ticket, if such slave or slaves shall have in his possession any gun, pistol or other offensive weapon, unless such slave shall be on lawful business, or in company with some white person not less than ten years of age; and also to disperse and punish as aforesaid, all unlawful assemblies of slaves, free negroes, mulattoes or mustizoes, whether the said assembly shall consist of all or any of the persons above prescribed ; And provided always, that noth

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ing herein contained shall be construed to authorise any person to break into or disturb any church or place of public worship,

wherein shall be assembled the members of any religious society, Place of re- a majority of whom shall be white persons, at any time before ligious meet

nine o'clock in the evening, unless the said person or persons shall have previously obtained a warrant from a magistrate authorising him so to do; And provided also, that nothing herein contained, shall be construed so as to authorise any patrol or other person to strike and correct or beat in any manner, any slave or slaves, who shall be employed by the person having the charge of such slave or slaves, in any incorporated town, when such slave or slaves shall be absent from the place of residence of such slave or slaves, between day break and nine o'clock in the evening, within the limits of such incorporated town, unless such slave or slaves shall be engaged in an unlawful purpose.

306. SEC. XII. And be it further enacted, &c. That it shall tas- be lawful for any person or persons, who may be engaged in be dispersed. dispersing any unlawful assembly of slaves, free negroes, mulat

toes or mustizoes, to enter into all such places as the said persons may be assembled at, and if resisted, they may break open doors, gates or windows.

307. Sec. XIII. And be it further enacted, &c. That every owner Owners of

or of any settled plantation, shall employ and keep on such plantapiantations tion, some white man capable of performing patrol duty, under to employ

the penalty of fifty cents per head per month, for each and every sors thereon working slave which may be on such plantation, to be recovered

by indictment, one half to the informer, the other half to the use of the state ; Provided always, thạt nothing herein contained shall be construed to affect any person or persons who resides on his, her or their plantation for the space of seven months in the year, or who shall employ less than ten working slaves on such plantation.

308. SEC. XIV. And be it further enacted, &c That if any Persons person or persons shall commence an action against any patrol prosecuting and failing, or other person, for any trespass by him committed in carrying

ble into execution the provisions of this act, and at the trial thereof

shall fail to recover any damage, he, she or they shall be liable and adjudged to pay to the party so sued, treble costs.

309. Sec. XV. And be it further enacted, &c. That the secre

of tary of state be and he is hereby reqcired to have a sufficient Secretary of state to dis- number of copies of the aforesaid act printed, and by him to be tribute this

transmitted to the commandants of regiments, to be by them distributed to the commissioned officers of their respective regiments, and it shall be the duty of the captain or commanding officer of each company, to read this act to his company at least once in six months.

310. Sec. XVI. And be it further enacted, &c. That all acts repues and parts of acts repugnant to this act, be and the same are act, repealed. hereby repealed; Provided nevertheless, that nothing herein

"contained shall be construed so as to deprive the intendant and wardens of auy incorporated town, of any power heretofore in

to pay treble costs.

act.

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vested in them to regulate and order out patrols within the limits of such incorporation, but that such intendant and wardens shall have as full powers as they were invested with before the passing of this act.

ACT of Dec. 17, 1827. Pamphlet edit. 24. 311. SEC. XXXVI11. Exemption from the payment of toll at every bridge, ferry and turnpike road hereafter chartered, shall Exemption be granted to every regularly ordained or licensed minister of the riage. gospel, to every member of the legislature going to and returning from its sitting, and all other persons going to and returning from divine service, and to every person travelling in the performance of any civil or military duty, for which he receives no salary or reward.*

CAMDEN. ACT of Dec. 18, 1818. Pamphlet edit, 42. 312. Sec. I. Be it enacted, &c. That from and after the passing of this act, the power and duty of organizing, detailing and Power of der enforcing the performance of patrol duty in the beat company tai or other companies in the town of Camden, be and the same is hereby transferred to the town council of the said town.

SEC. II. And be it further enacted, &c. That the members of Penalty for the said town council shall be subject to the same penalties for neglect of neglect of patrol duty, that the captains of beat companies are now subject to by law.

CITY OF CHARLESTON. ACT of Oct. 12, 1785. Grimke's Public Laws, 398. 313. Whereas many acts of the legislature respecting the internal government and police of Charleston, before it was in- All acts con

cerning the corporated, remain unrepealed, and ordinances for the same city police purposes have been framed by the city council, by which means rep a clashing of jurisdiction may arise between the state magistrates and the city officers, as there be no doubt whether both have not an equal power to act under each. In order to obviate any difficulties on such occasions, Be it enacted, that from and immediately after the passing of this act, all such acts of the legisfature, shall be and they are hereby repealed. [See No. 314.]

tailing patrol transferred.

patrol duty.

CHARLESTON NECK. ACT of Dec. 21, 1822. Pamphlet edit. 57. 314. Sec. il. Be it further enacted, &c. That no clashing of jurisdiction may arise between the city council of Charleston and

*All persons travelling in the performance of patrol duty, are exempted from paying ferriage at the different ferries and bridges throughout the state, by the several acts of the legislature establishing ferries and bridges. . t Patrol duty is performed in the city of Charleston, by the city guard, under the direction of the city council, except in cases of emergency, when the citizens are called out:

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