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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 them shall respectively appear necessary and proper: Provided, That no guard shall be obliged to continue 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 forfeitures as 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, be furnish- who, at the original organization of the militia, this act, agreeable 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 state, with a copy of this law, the act af condiscipline, 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 together in a small convenient pocket volume; and that the senior major-general, elected in pursuance of this act, is hereby authorized and empowered to contract for procuring the same on the best and cheapest terms.

war.

And be it further enacted by the authority Persons aforesaid, That if any person or persons whososued on ac- ever, shall be sucd, impleaded, molested or prosecuted for any matter, cause or thing done or

count of

this act,

ral issue.

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 plaintiff 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.

militia laws re

Andle it further enacted by the authority aforesaid, That all laws heretofore enacted in this state, Former respecting the militia, shall be, and the same are hereby repealed, excepesuch laws or 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 hundred and ninety-four, and in the eighteenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

An ACT to extend 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 persoms having accounts with the state.

B

E it enacted by the honorable the Senate and House of Representatives of the state of South-Carolina, now met and sitting in general

ssembly, and by the authority of the same, That an act, entitied, "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, be, and the same is hereby extended until the first day of January next, unless the objects thereof shall be sooner accomplished, and the legislature be enabled to discharge the commissioners from the trusts created by the same.

In the Senate House, the tenth day of May, in the year of our Lord one thousand seven hundred and ninety-four, and in the eigh teenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

An ACT to close the land office for and during the term of four years, under certain limitations, and for other purposes therein-mentioned.

W

HEREAS a spirit of speculation and land jobbing hath gone forth, and many 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 sctiled, and without distinguishing in the plats the numerous surveys included within the boundaries of their plats and grants, with a view 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

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 partially 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.

in locating

to compre

tation or

land before

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, deputy surveyor, in locating them, shall know- any tracts ingly and wilfully comprehend within the limits ofland, not of any such location, any plantation or tract of hend withland, before granted, without noting the same; in them and if the said warrants shall be hereafter carri- any planed into grants, or where there are any grants for tract of land now actually made out, signed and ready 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 being marked and noted, it shall be lawful for any of the proprictors of the plantations or tracts so before granted, or any other person interested

granted.

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 ies, 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 large 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

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