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Patrol and

pass the boundary line.

formed.

the commissioners of Charleston Neck, from fugitives fleeing city guard to over said line on either side, from justice, that it shall be lawful

for the patrol of the Neck, or the city guard of Charleston, to pursue and arrest any slaves or persons of colour, who may take refuge or flee on either side of said line as above described.

ACT of Dec. 20, 1823. Pamphlet edit. 52. 315. Whereas the local situation of Charleston Neck, from the bounds of the city of Charleston to the northern boundary of St. Philips parish, renders the present existing patrol laws insufficient to protect the property of the inhabitants of the said Neck, and to control and keep in order the numerous blaek population of the same, and others travelling to and from the city, within the aforesaid limits,

Sec. I. Be it enacted by the honourable the Senate and House of Representatives, &c. That it shall be the duty of the officer or officers commanding the militia company or companies on

Charlestou Neck, within two months after the passing of this Patrol to be act, to cause his or their company or companies to be divided

into convenient patrols, in such manner as a majority of said company officers shall direct; which division, when made, shall be permanent, until altered by a majority of said officers ; and in case the officers of such company or companies shall neglect or refuse to perform the duty herein before required of them, each shall forfeit and pay the sum of thirty dollars, to be recovered in any court having competent jurisdiction, to be paid to the commissioners of cross roads of Charleston Neck, for the use of the said roads.

316. Sec. II. And be'it further enacted, &c. That it shall be Roll to be the duty of the commanding officer or officers of the company each district. or companies aforesaid, to cause to be made out a roll for each

patrol district, which shall include the names of all the tree white male inhabitants, above the age of eighteen years and under the age of sixty, residing within the said patrol district, except ministers of the gospel, of any sect or denomination whatsoever ; and all females owning ten slaves above the age of ten years, and all persons having settled farms, or a house and lot with five or more slaves above the age of sixteen years, residing within the said company or companies, shall be liable to perform the patrol duty herein after prescribed.

317. Sec. III. And be it enacted, &c. That it shall be the

duty of the commanding officer or officers of the said company Leaders of patrols to be or companies, to appoint (which appointment shall be made in appointed. writing, signed by each commanding officer or officers,) some

prudent and discreet person, as leader in each patrol district, who shall perform the duty herein after described, until the expira. tion of two months from the date of such appointment, and in case the person appointed shall refuse to accept such appointment, or the commanding officer or officers of the said company or companies, or the leader or leaders of patrol, shall fail to perform any of the duties required of them by this act, they shall

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respectively forfeit and pay the sum of twenty dollars, to be recovered in any court having competent jurisdiction, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads ; Provided always, that no person shall be compelled to serve more than once in twelve months as leader of any patrol.

318. Sec. IV. And be it enacted, &c. That it shall be the duty of the leader of each patrol, at least as often as twice a month, to call out any number of persons under his command, and to . Patrol duty

to be perride patrol through Charleston Neck, and to take up all slaves formed twice who may be found within its limits and without their owners' a enclosures, under suspicious circumstances, or at a suspicious distance therefrom, and to correct all such slaves by a moderate whipping with a whip or cowskin, not exceeding twenty lashes, unless the said slaves shall have a ticket or letter to shew the reasonableness of his or her absence; and if any white man Penalty for

unlawfully shall wantonly beat or abuse any slave, quietly and peaceably

molesting being in his or her owner's enclosure, or found any where with- and beating out the same with a lawful ticket, he shall forfeit the sum of fifty dollars, to be recovered by the owner of said slave and to his use, by action of debt, besides being liable to the owner in an action of trespass for damages.

319. Sec. V. And be it enacted, &c. That the said patrols shall have power within the limits of Charleston Neck, and they Powers and

dities of paare hereby authorised and required, to enter into any disorderly ir house or into any vessel or boat suspected of harbouring or unlawfully trafficking or dealing with slaves, and if resisted, to break open doors, windows or locks, and to apprehend and correct or commit all slaves found there contrary to the true intent and meaning of this act; and the leaders of said patrols are further authorised and required to give information of such white persons or persons of colour, as may be found in such house, vessel, boat or place, unlawfully trading and trafficking with slaves, to any lawful magistrate, and to deliver to the said magistrate such produce or articles for trafficking, as may be found in such house, vessel, boat or place, to be disposed of according to law.

320. Sec. VI. And be it enacted, &c. That the leader of every patrol shall have power to keep the men under his command, in ...,

Penalty on good order and demeanor during their term of service, and in patrol men

who misbecase any patrol nian shall misbehave himself or neglect or disobey the orders of his commander, he shall be subject to arrest, at the discretion of the said leader, and be liable to a fine of not more than two dollars, to be imposed by a court consisting of the officers of the company to which he belongs, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads. 321. Sec. VII. And be it enacted, &c. That if any lea- Penalty for

disorderly der of patrol shall act disorderly while on duty, so as to defeat conductor the orderly performance or execution of the patrol law, agreeable leaders. to the true intent and meaning of this act, he shall be liable to be

have.

perfornying

reported by any of the members of his patrol, or other person competent to give evidence, to the commanding officer of the company to which he is attached, who shall order a court, consisting of the officers of said company, or any three officers of the regiment to which such company is attached, to try him, and upon sufficient evidence being given of the charge, such leader of the patrol shall be fined in the sum of ten dollars, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads.

322. Sec. vil. And be it enacted, &c. That it shall be lawful for any person or persons hereby declared liable to perform patrol duty, to send any able bodied white man, between

the age of eighteen and sixty, to perform patrol duty for him or Fine for not them; and if any patrol man shall neglect or refuse to perform patrol duty. the duty required of him by this act, or 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 default, and ten per cent. on his general tax for the year preceding on property owned by him on Charleston Neck, to be inflicted by a court composed of the officers of the company to which he is attached, a majority of whorn shall be sufficient to form such court, or any three officers of the regiment to which the said company is attached, and to be

collected by the collector of the regiment, who shall have as full How fines to power and authority to collect the same, as he now has or may be collected. hereafter have to collect militia fines under any law which now is

or may hereafter be of force in this state, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads.

323. Sec. IX. And be it enacted, &c. That it shall be Returns to the duty of each leader of patrol, to make a return, upon oath, of be made. the performance of the duties of his office, to the commanding

officer of the company to which he belongs, once in every two months, under the penalty of a fine not exceeding twenty dollars, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads.

324. Sec. X. And be it enacted, &c. That all persons of colour (Indians in amity with the United States excepted), ne

groes, mulattoes or mustizoes, found within the limits of CharlesNegroes to ton Neck, shall be taken and considered as slaves, and shall be be taken up.

liable to such correction or other punishment, to which, by this act, slaves are liable, unless such persons of colour shall produce their free papers or office copies of the same, or such other good and sufficient evidence of their freedom as may be satisfactory to the leader of the patrol; Provided nevertheless, that free negroes, mulaitoes or mustizoes, found within Charleston Neck, and without their own or their employer's enclosure, not having a regular ticket from their guardian, after the hours of 9 o'clock, P. M. from the 20th September to the 20th March, and 10 o'clock, P. M. from the 20th March to the 20th September, in each and every year, shall be liable to the same punishment to which, by this act, slaves are liable.

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325. Sec. XI. And be it enacted, &c. That it shall not be lawful for any owner or occupant of a grocery store or retail shop within the limits of Charleston Neck, or of any store, shop or place within the limits aforesaid, wherein are vended spirit- No shop to uous liquors, to keep open the said stores, shops or places, for the after certain

hours or on purposes of trade, or to trade, traffick or barter therein with negroes or persons of colour, on the Sabbath day, or on any other day after the hours of 9 o'clock, P. M. from the 20th September to the 20th March, and 10 o'clock, P. M. from the 20th March to the 20th September, in each and every year; and in case any owner or occupant of any such store, shop or place, shall transgress or violate this act, by keeping open the said stores, shops or places, or by trading, trafficking or bartering therein with any negroes or persons of colour on the sabbath day, or on any other day after the hours of 9 o'clock, P. M. from the 20th September to the 20th March, and 10 o'clock, P. M. from the 20th March to the 20th September, in each and every year, he, she or they shall forfeit and pay the sum of fifty dollars, to be recovered in any court having competent jurisdiction, to be paid to the commissioners of cross roads of Charleston Neck, for the use of the said roads.

326. Sec. xu. And be it enacted, &c. That every person liable to perform patrol duty on Charleston Neck, shall provide for himself and keep always in readiness, and carry with him on his pa- How patrol trol service, one good gun or pistol, in order, with at least six ball to be armed. cartridges for the same, or a cutlass, under the penalty of two dollars, and ten per cent. on his general tax for the year preceding, on property owned by him on Charleston Neck, for want of any such arms or ammunition, to be recovered and appropriated in the same manner as by this act fines for non-performance of patrol duty are recovered and appropriated.

327. Sec. XI. And be it enacted, &c. That the commissioners of the cross roads of Charleston Neck, shall have power to paid to the demand and receive all such fines and forfeitures, and other er

ers of cross monies and things whatsoever, as are appropriated by this act to roads. the use of the said cross roads; and in case of refusal to deliver or pay the same, to commence and prosecute any lawful action for the recovery thereof.

328. Sec. xiv. And be it enacted, &c. That the commanding officer of the militia company or companies of Charleston Neck, per

Record of shall have power to appoint a secretary, whose duty it shall be to proceedings prepare and lay before the court or courts hereby established, all secre

1 oli to be kept & necessary papers, and to keep a record of the proceedings of the pointed. same, which record shall be open to the inspection of any citizen interested therein, for which services the said secretary shall be excused from the ordinary patrol duty. . 329. Sec. xv. And be it enacted, &c. That the leader of each patrol district shall have power to appoint a person, whose duty Patrol to it shall be to sumiron out the patrol at the times and places ap- summoned. pointed by the leader, and to extend such orders and commands as may be given to him by the said leader of patrol, for which

Fines to be

commissions

secretary ap.

services the said person shall be excused from ordinary patrol duty.

330. Sec. XVI. And be it enacted, &c. That it shall be the Information of unlawful

u duty of the commanding officer of each militia company on assemblies to Charleston Neck, and of all lawful magistrates within the limits the leaders. of Charleston Neck, to give information to the respective leaders

of patrol of any unlawful assemblies of negroes, or persons of colour, which may come to their knowledge ; which leaders, on receiving such information, shall turn out their patrols and perform the duties prescribed by law; and in case any leader of patrol shall neglect or refuse to turn out his patrol and perform the duties required by law, after receiving such information, he shall forfeit and pay a sum not exceeding twenty dollars, to be paid to the commissioners of the cross roads of Charleston Neck, for the use of the said roads.

331. Sec. XVII. And be it enacted, &c. That if any person or Persons suing patrol & persons shall commence an action against any patrol or patrolfailing, to

man for any trespass committed in carrying into execution the provisions of this act, and at the trial thereof shall fail to recover

any damages, he, she or they shall be liable and adjudged to pay

· the party so sued, treble costs. Repealing 332. Sec. xvII. And be it enacted, &c. That all acts and clause.

parts of acts, repugnant to this act, be and the same are hereby repealed.

pay treble costs.

BEAUFORT. ACT of Dec. 20, 1825. Pamphlet edit. 50. 333. Sec. II. And be it enacted, &c. That from and after the

first day of January, one thousand eight hundred and twenty-six, Power transferred to the power and duty of regulating and superintending the patrol intendant & wardens.

within the limits of the town of Beaufort, be, and the same is hereby transferred to and devolved on the intendant and wardens of the said town, who are hereby vested with full powers to make all such ordinances relative to the time and manner of performing patrol duty within the limits of the said town aforesaid, as may be necessary to preserve the peace, order and safety of the inhabitants thereof.

COLUMBIA.
ACT of Dec. 20, 1823. Pamphlet edit. 19.

334. Sec. 1. Be it enacted, fc. That from and after the first Intendant & day of January which will be in the year of our lord one thouwardens to sand eight hundred and twenty four, the power and duty of

organizing, regulating and superintending the patrol within the limits of the town of Columbia, be and the same are hereby transferred to, vested in and devolved upon the intendant and wardens of said town, who are hereby vested with full power to make all such ordinances relative to the time and manner of performing patrol duty within the limits of the said town, as may be

regulate patrol.

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