A. D. 1703. Acts relating to the City of Charleston. IX. And be it further enacted by the authority aforesaid, That at the sole charge and expence of the publick, such additional walls, gates and other conveniences for the men, shall be added to the great battery and the halfe moone, at the watch-house, as shall be ordered by an ordinance of the Generall Assembly. X. And be it further enacted by the authority aforesaid, That part of Fortifications. the remaining parts of Charlestowne aforesaid, be fortified, that is to say, from the angle of the great fort to the end of the Church-street, and from the angle of the said street to the swamp neare Mr. Archibald Stobo's meeting house, and from the said meeting house eastward to the said battery, that is appointed to be built at the northermost angle of Col. Robert Daniel's northermost lot, fronting Cooper river; which said fortifications shall be by intrenchments, flankers and parapetts, sally ports, a gate, drawbridge and blind necessary for the same, and shall be made at the sole charge and expence of the publick, and according to such method as the said William Rhett, who is also hereby appointed the sole commissioner for manageing these additional fortifications, shall, with the advice and consent of the Right Honorable the Governor as aforesaid, direct. Ground cleared. XI. And be it further enacted by the authority aforesaid, That the said William Rhett, as sole commissioner for the said additional fortifications by intrenchments, flankers, parapetts and other necessaries as aforesaid, in order to enable him to carry on the said worke, shall have power, and is hereby authorized and impowered, to press any negroes within the limits aforesaid, to worke, at the rate of two royalls and a halfe per diem, their masters finding them victualls, excepting the said negroes are tradesmen, and them, if wanted to be pressed, to worke at three royalls per diem, their masters also finding them victualls; and also shall have power to press white men for overseers, within the precincts aforesaid, at the rate of two shillings and six pence per diem, they finding themselves victualls; and shall also have power to press negros, horses and carts, at five shillings per diem, and tooles, as spades, howes, pick-axes, and all other tools and utensels fitting for the carrying on the said worke; and shall also have power to cut down any pine timber off and from any plantation or tract of land for the said worke. XII. And be it further enacted by the authority aforesaid, That in case any part of the said intrenchments or flankers shall be made upon any lott, or part of a lott, belonging to any private person, that satisfaction shall be made to the owners thereof for so much ground as shall be used in the fortifications aforesaid, according to such rates as shall be adjudged reasonable by three indifferent men, to be nominated by the Right Honorable the Governor. XIII. And be it further enacted by the authority aforesaid, That the commissioner above named shall have power to order and direct the cutting down any timber or trees near the said Charlestowne, as he, the said commissioner, with the advice aforesaid, shall thinke prejudiciall to the said fortifications. XIV. Whereas, the land on which the powder house was ordered to Powder house. be built, lieth without the intrenchment to be drawne through part of Charlestowne; and for as much as it is necessary, for the better defence of the said towne, that the powder house be built within the said line of intrenchment, Be it therefore enacted by the authority aforesaid, That a brick powder house be built, thirty foot long and eighteen foot wide, within the said line, in such place and in such manner as the commissioner by this Act appointed, with the advice of the Governor, shall think Acts relating to the City of Charleston. A. D. 1703. fitt; and such lott, or part of a lott, on which the said house shall be built, shall be valued by three indifferent freeholders of this Province, by the Governor appointed; and such lott, or part of a lott, by them valued and returned to the publick receiver, by certificate under their hands, shall be by him paid to the owner thereof; which said lott, or part of a lott, so valued, returned and paid for as aforesaid, shall be and remaine, with the house thereon to be built, for the sole use and benefitt of the publick. XV. And be it further enacted by the authority aforesaid, That in case any white man that is pressed to work, according to the power given the Penalty for recommissioner in this Act, shall refuse to worke as directed by the said fusing to work when pressed. commissioner, that if a tradesman, he shall forfeit, for every day's neglect, the sume of twenty shillings, current monyes, and if white man and no tradesman, the sume of ten shillings, current monyes, for every day's neglect; and if a negro, the master to forfeit five shillings, like current monyes, for every day's neglect; all which penalties shall be levyed by distress and sale of the offender's goods, by warrant from the said commissioner, directed to any of the constables of this Province, who are hereby required to execute the same, upon penalty of forty shillings for every neglect, to be recovered by warrant from any justice of the peace, as in the Act of small and mean causes is directed; and in case sufficient distress cannot be found, it shall be lawfull for the said commissioner, and he is hereby impowered and required, by warrant under his hand and seal, directed to the provost marshall of this Province, to commit the said person offending to prison, for any time not excceding a week, for one day neglecting to worke. XVI. And be it further enacted by the authority aforesaid, That in case the said commissioner, or any other person, by his order, shall leave a note at the dwelling house of any person, requireing him to come and worke upon the said front wall and fortifications, or to send his negro to worke, according to the powers given by this Act, such notice shall be deemed a pressing within this Act, so as to subject the person neglecting his duty, to the penalties before appointed by this Act. Notice. XVII. And be it further enacted by the authority aforesaid, That all the forfeitures accrueing by this Act shall be paid to the said commis- Forfeitures. sioner, to and for the use and towards the charges of the said front wall and the other fortifications appointed by this Act. XVIII. And be it further enacted by the authority aforesaid, That in case any of the workmen, or other the labourers, are idle, and do not per- Neglect of forme their worke diligently, and according as they shall be directed by duty. the commissioner, it shall be lawfull for the said commissioner to marke or prick down such their idle time and their neglects, and deduct the same out of their wages; and in case of their refusall to obey him in the direction he gives them relateing to their worke, it shall be lawfull for him to commit him or them to prison, if white men, and if negros, to order them such moderate correction as he shall think fitt. XIX. And be it further enacted by the authority aforesaid, That in order to the carrying on and finishing of the said front wall and other the forti- Appropriation. fications prescribed by this Act, it shall be lawful for the said William Rhett, the commissioner aforesaid, from time to time, to draw out of the publick treasury such sum or sums of money as he shall have occasion for, and judge necessary for carrying on and finishing the said severall publick works mentioned in this Act, by order under his hand, directed to the publick receiver for the time being, who is hereby required to pay A. D. 1703. to commissioner, Acts relating to the City of Charleston. the same; and the commissioner aforesaid is hereby required and comanded, a fair and just account to keep, of all disbursements on the said fortifications by him ordered to be paid by the publick, and render the same to the Commons, when and so often as he shall be thereunto required. XX. Whereas, the said William Rhett, who is hereby appointed the Compensation sole commissioner for the executing all the powers given the commissioners in the said recited Act, entituled "An Act to prevent the seas further encroachment upon the wharfe at Charlestowne," as also the sole commissioner for the ordering, directing and overlooking all the publick works and fortifications ordered by this Act; and therefore, in order to the due execution of the trust hereby reposed in him, must necessarily spend his whole time, and neglect his other private business, which it would be unreasonable to require of him, without some sufficient reward from the publick; Be it therefore enacted by the authority aforesaid, That the said William Rhett shall be allowed, out of the publick treasury, the sume of fifty pounds, to be paid him upon the finishing of the publick works appointed by this Act, and the receiver generall for the time being is hereby required to pay the same; and if the said William Rhett shall neglect to carry on the said fortifications, as by this Act or any other Act he is impowered to performe, shall, for such his neglect, suffer such abatement of his said recompence of the said fifty pounds, as shall by the Commons be thought most just. Watch. 1 Orders. XXI. Whereas, it is necessary, for the better defence of the South part of this Collony, that a good and strong watch be kept in the most convenient place for that purpose; Be it therefore enacted by the authority aforesaid, That Capt. Thomas Nairn, Mr. Robert Seabrook, Mr. John Whitmarsh, Mr. James Cockram and Mr. William Maggot, or any three of them, of which Capt. Nairn shall be one, have power, and they are hereby impowered, with the advice of the Generall, to raise and enlist one-and-twenty men, to keep watch to the southward, and them when raised, to place in such place or places to the southward, by the advice of the Generall, and stockade the same, as shall be most convenient for the discovery and repelling the enemy; and shall at any time, with the advice of the Generall, if they think fitt, lessen the number of the said watchmen, and the same may again increase, to any number not exceeding oneand-twenty; which men so raised, shall for one year (and from thence to the next session of the Generall Assembly,) be paid by the publick, such sum or sums of money, not exceeding the like sum appointed to be paid the watch in Charlestowne, by an order of the commissioners aforesaid, to the publick receiver, who is hereby impowered and comanded to pay the same. XXII. And be it also enacted by the authority aforesaid, That the oneand-twenty men to be raised as aforesaid, (of which the Generall is requested to commission a Captain and Lieutenant to comand the said watch,) shall follow such instructions and directions as shall from time to time be given them by the Generall, or such as shall be by him appointed to give the same, for the due performance of the said watch; and if the comanders, or any of the watchmen aforesaid, shall neglect or refuse to follow such instructions as shall be given them by the Generall, or such person by him appointed as aforesaid, shall, for every such default, suffer such punishment, fines and forfeitures, as in the like case is to be inflicted on the watch of Charlestowne, by the Act for the keeping and maintaineing a watch and good orders in Charlestowne; which said fines and forfeitures Acts relating to the City of Charleston. shall be recovered in such manner and forme, and for such uses, as the like forfeiture in the said Act is ordained and appointed. A. D. 1703. XXIII. Whereas, it is necessary, for the safety of this Collony, in case of actuall invasions, to have the assistance of our trusty slaves to assist us Reward to against our enemies, and it being reasonable that the said slaves should slaves. be rewarded for the good service they may do us, Be it therefore enacted by the authority aforesaid, That if any slave shall, in actuall invasion, kill or take one or more of our enemies, and the same shall prove by any white person to be done by him, shall, for his reward, at the charge of the publick, have and enjoy his freedom for such his takeing or killing as aforesaid; and the master or owner of such slave shall be paid and satisfied by the publick, att such rates and prices as three freeholders of the neighborhood, who well know the said slave, being nominated and appointed by the Right Honorable the Governor, shall award, on their oaths; and if any of the said slaves happen to be killed in actuall service of this Province by the enemy, then the master or owner shall be paid and satisfied for him in such manner and forme as is before appointed to owners whose negroes are sett free. XXIV. And be it further enacted by the authority aforesaid, That if any slave aforesaid is wounded in the service aforesaid, so that he is disabled for service to his master or owner, then such slave so disabled shall be sett free at the charge of the publick, in such manner and forme as afore is provided, and shall also be maintained at the charge of the said publick. XXV. And be it further enacted by the authority aforesaid, That it shall and may be lawfull for any master or owner of any slave, in actuall invasion, to arme and equip any slave or slaves, with such armes and ammunition as any other person by the Act of militia are appointed to appear at muster or alarums. Read three times and ratified in open Assembly, this three-and-twentieth day of December, 1703. N. JOHNSON, AN ACT FOR the better REGULATING THE WATCH IN CHARLES TOWNE. No. 221. IN order to make the watch in Charlestown more usefull and securer than it now is, in this dangerous time of warr, Preamble. I. Be it enacted by his Excellency John Granville, Esq., Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, Watch formed. by and with the advice and consent of the rest of the members of the Generall Assembly, now mett at Charlestowne, for the South-west part of this Province, That three days after the ratification of this Act, the Hon. Nich. Trott, Esq., chief justice, and one of the Lords Proprietors VOL. VII.-5. Acts relating to the City of Charleston. Deputies, Henry Noble, Esq., one of the Lords Proprietors Deputies, Col. James Risbey, Col. John Logan, Leut. Col. Wm. Rhett, Major Alexander Parris, Major Wm. Smith, Capt. Will. Weekeley, Mr. Edwd. Loughton, Mr. Simon Valentine, Mr. Benjamin Lambell, Mr. Paul Lamouche, Mr. John Buckley, Mr. James Serurier Smith, Mr. James Ingerson, Mr. Lewis Pasquereau, Mr. Isaack Mazicq, Mr. Tho. Pinckney, Mr. Wm. Gibbon, and Mr. Lewis Lansac, who did voluntarily offer themselves to watch in their turns, to go the rounds, and to see the watch performe their duties, or the major part of them, shall meet at the house of Capt. John Collins, in Charlestowne, and there shall receive from the Captains of the Militia, a list of all the male persons who are able to bear arms, under their respective comands, and then and there shall divide the whole number into twenty equal parts, excepting only the men that belong to the military watch; and the division being so made, shall, in such manner and forme as they shall agree amongst themselves, allot so many as shall make the whole number, to watch in Charlestowne in their turns, once every twentieth night, att the same time and hour that the military watch is enjoyned to doe. II. And in order to do the same regularly, and that none may pretend ignorance, Be it enacted by the authority aforesaid, That the twenty persons here above named shall take their turn for watching, with such number of men as shall be allotted unto them, the names whereof shall be given to them at their meeting abovesaid; and they shall take their turns to watch as they stand here in this Act, and so when the whole twenty have watched, to begin again; and that they may know their night's watch, the Capt. or Leut. of the military watch is hereby required to send them notice thereof, the day before their said night's watch, and also to give notice to the men that are to watch under him, of whome they shall receive a list, that it is their night's watch, that none may pretend ignorance to excuse himselfe. III. And be it further enacted by the authority aforesaid, That every one of the twenty men here named, shall, every one in his turne, and on his watch night, have the whole comand of the watch for that night, and every person or persons shall obey him as they are obliged to do their Captains and officers in allarms; and in order to enable him to make his rounds in his night's watch, the Captain of the watch, or any other person who shall bee appointed by the Right Honorable the Governor or Commander-in-chief to give the word, shall bee obliged, and he is hereby comanded and injoyned, to give the said person the word, IV. And be it further enacted by the authority aforesaid, That if any person or persons who is hereby obliged to watch, (as well the comanders as others,) shall refuse or neglect (not beinge disabled by sickness) to watch in his turne, or shall appear on the watch without his armes compleatly fixed, or shall be drunk on the watch, or go from the watch to any house and there get drunk, he shall forfeit for every such offence, every commander forty shillings, and every volunteer twenty shillings, to be paid to the commissioners of the poore, for the use of the poore of this Province; and if any one of the twenty men here appointed to comand the watch, shall depart this life, towne or Province, or be disabled by long and tedious sickness, then the Right Honorable the Governor shall appoint another in his roome. V. And be it further enacted by the authority aforesaid, That the said twenty persons shall, from time to time, and at all times, follow such |