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brigadier of the brigade in which Charleston is comprehended, or the commanding officer of the Charleston regiment for the time being, to call forth, when necessary, such and so many companies, or detachments of companies, to mount guard in the said city, as to theni shall respecti: cly appear necessary and proper: Provided, That no guard shall be obliged to contime on duty at any one time, except in case of actual aların, more than twenty-four hours on one guard; and every person duly summoned to turn out on any such guard, who shall not obey, or who shall leave his guard, or otherwise misbehave, shall be liable to pay the same fines and foricitures is such person would be obliged to pay for default of duty by non-attendance or misbehaviour at any battalion or regimental muster by virtue of this act.
And be it further enacted by the authority Officers to aforesaid, That every commissioned officer,
h who, at the original organization of the militia, ed with this act, greeable to this act, shall be appointed in purthe act of suance of the same, and accepts his commissiSteuben's on, shall be furnished, at the expense of this military state, with a copy of this law, the act af condisci;linc, and the ar. gress to provide for the national defence, and ticles of establishing an uniform militia throughout the
United States, Baron Steuben's military discipline, and the articles of war, all bound toge. ther in a small convenient pocket volume; and that the senior mujor-general, elected in pursuance of this act, is hereby authorized and empowered to contract for procuring the same on the best and cheapest terms.
And be it firther enacted by the authority Persons aforesaid, That if any person or persons whoso
C-ever, shall be sucd, impleaded, molested or procount of this act, sccuted for any matter, cause or thing donc or
executed, or caused to be done or executed, by may plead virtue of or in pursuance of this act, and all and the geneevery person or persons who shall or may, by the command, or in aid or assistance of any person who shall do or execute, or cause to be done or executed, any matter or thing by virtue of or in pursuance of the direction of this act, shall and may plead the general issue, and give this act and the special matter in evidence; and in case the plainti# shall suffer a discontinuance, enter a noli prosequi, suffer a nonsuit, or if a verdict or judgment shall pass against him, he shall pay to every defendant that shall be acquitted, or for whom judgment shall pass, his full double costs of suit.
Andle it further enacted by theauthority aforesaid, That all laws heretofore enacted in this state, Former respecting the militia, shall be, and the same are im
militia liereby repealed, exceptsuch lawsor parts of laws pealed. as respect the Charleston battalion of artillery, in the Senate House, the tenth day of May,
in the year of our Lord one thousand seven
President of the Senate.
An ACT *oextend an act, entitled, “. An act to
provide for the final settlement of the accounts of the former commissioners of the treasury and other public departments, and of all other
persons having accounts with the state. D E it enacted by the honorable the Senate D ard House of Representatives of the state of Sojith-Carolina, now met and sitting in general
ossern'ly, and by the authority of the same, That
in the year of our Lord one thousand serenz
President of the Senate.
In ACT to close the land office for and during The term of four yeurs, under certain limitati
ons, ond for other purposes therein-mentioned. UITHERE IS a spirit of speculation and
V land jobbing hath gone forth, and ma. Hly persons, greedy of gain, have embarked in such schemes, and have obtained, and still continue to obtain large and excessive grants of land, without any regard to their being granted, and even sciiled, and without distinguishing in the pliis the numerous surrers included within the boundaries of their plats and grants, with a vier to impose upon, deceive and cheat unwary foreigners, by sales of such pretended vacant lands. And whereas, no plan can be devised so effectually to check and defeat these iniquitous
the bou impose u sales of
schemes as to shut up the land office, except for grants not exceeding five hundred acres, for a reasonable time:
Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That from and immediately the land after the passing of this act, that the land office office par
tially closbe, and the same shall be so far closed for the ed for four term of four years, that within that period no years. one person shall obtain more than one grant for land to be hereafter surveyed, which shall in no case exceed five hundred acres; and that no warrant of survey shall be issued by any commissioner of locations within this state for any number of acres exceeding five hundred acres, and not more than one such warrant to any one person, during the aforementioned period of four years.
And be it further enacted by the authority aforesaid, That where any warrants have been Deputyissued previous to the passing of this act, if any surveyors,
in locating deputy surveyor, in locating them, shall know- any tracts ingly and wilfully comprehend within the limits of land, not of any such location, any plantation or tract of hend with
to compreland, before granted, without noting the same; in them and if the said warrants shall be hereafter carri. in ed into grants, or where there are any grants for tract of land now actually made out, signed and ready land be
granted to be delivered, or where any plats are returned to the office of the surveyor-general or secretary of the state, and shall be hereafter carried into grants, which plats or grants comprehend within their respective limits, any plantation or tract of land, before granted, without the same bring marked and noted, it shall be lawful for any of the proprietors of the plantations or tracts so before granted, or any other person interested
therein, to bring his action of trespass against the grantee of the subsequent grant, which comprehends the prior one, or any part thereof, his heirs or assigns, or any or all of them; and on his substantiating by proof to any district court and jury, within whose jurisdiction the land lies, that his land, or part thereof, is actually comprehended in the subsequent grant, a verdict shall be found in his favor, and the court shall declare the subsequent grant, and every part thereof, to be fraudulent and void to all intents and purposes; and the plaintiff shall recover such damages as the jury shall assess, and treble costs of suit.
And whereas, Since the passing an act, entitled, “An act for establishing the mode of granting the lands now vacant in this state, and for allowing a commutation to be received for some lands that have been granted,” passed the 19th day of February, 1791, divers grants of Jarge tracts of land, have been obtained, which included one or more surveys which have not been elapsed, the property of others, without taking notice of or designating the same in their plats, and without obtaining the consent of the said proprietors, and without their knowledge: And whereas, The lands in this state are so generally granted, that no person could suppose that there were in this state such large bodies of vacant land, from which it appears that the intention of the aforementioned persons must have been to oblige the inhabitants who are settled within the boundaries, and limits of the aforesaid plats, to produce their titles, or if they had lost them in the war, or by other accidents, to seize their lands as vacant, and by producing such grants to unwary foreigners, may deceive them by the appearances of regularity and au: