Acts relating to the City of Charleston. orders as shall be given unto them in charge by the Right Honorable the Governor or Commander-in-chiefe, concerning the ordering and disposeing of the watch, placeing of centrys, or any other thing relateing to their duty and the well performing of the watch. A. D. 1703. VI. And whereas, it is necessary in cases of alarms, that each man have at least forty swan shott, Be it enacted by the authority aforesaid, Shot. That every person who is obliged to appear in arms on musters, watch or allarms, do provide him or themselves, besides what amunition they are obliged to have by any other Act, with at least the said quantity of shott, and have always the same by him when under arms on any of the said accounts, under the fine and forfeiture of five shillings for every default, to be recovered for the use above declared, in the same forme and manner as is here mentioned and appointed. VII. And be it further enacted by the authority aforesaid, That when the front wall and the intrenchments designed to be cast up in Charles- Watch, when towne are finished, or when the Right Honorable the Governor or Com- to be doubled, mander-in-chiefe shall think it necessary, the persons here above named, with such as are under their comand, shall double the watch, (that is to say,) that two of the comanders, with the men under their comand, shall watch that night, and so every tenth night; and to prevent disputes between them about comand of the watch that night, they shall have it by turns, in order as they stand in this Act, any thing in this Act to the contrary notwithstanding; and all fines and forfeitures which shall accrue or become due by this Act, shall be recovered in such manner and forme, and for the uses aforesaid, as in the like case is appointed in cases of allarms in an Act intituled "An Act for the better regulateing of the militia." VIII. And the better to traine the inhabitants of Charlestowne to the use and exercise of their armes, Be it enacted by the authority aforesaid, That each Captain in the said towne shall, once a month, by himselfe or his inferior officers, muster and exercise his company, in such forme and manner, and under such pains and penalties, as they were used to do before, every two months; any law, statute or custome, to the contrary in any wise notwithstanding: And if any person shall refuse or neglect to appeare at the said muster compleatly armed, as they are required by the Act for the better settleing and regulateing the militia, shall and are hereby made liable to all fines, forfeitures and punishments imposed in such cases by the said Act. Read three times and ratified in open Assembly, the three-and-twentieth day of December, 1703. N. JOHNSON, HENRY NOBLE. A. D. 1701. Acts relating to the City of Charleston. No. 230. AN ACT TO PREVENT THE BREAKING DOWN AND DEFACING Preamble. Penalty for cations. THE FOR WHEREAS, at the great charge, expence and labour of the inhabitants of this Province, Charlestown hath been fortified with intrenchments and other works, to make it defensible in this time of war and danger of an invasion from our enemies, yet some inconsiderate or evil disposed persons, not regarding or minding the evil consequences of defacing and breaking down the said fortifications, do presume to climb and get over the said intrenchments and other works, and so break them down, and lay open the said town; to prevent such mischiefs for the future, I. Be it enacted by his Excellency John Lord Granville, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, injuring fortifi. by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the South-west part of this Province, That from and after the ratification of this Act, if any white person or persons, above the age of sixteen, shall presume or endeavour to climb or pass over any part of the said fortifications, inward or outward of Charlestown, or go down into the ditch or trench, he, she or they, so offending, shall fine and forfeit the sum of twenty shillings, the one half payable to the informer, and the other half to the commissioners of the poor, towards the relief of the poor of this Province: And if the person or persons so offending doth not pay immediately the said fine, or give sufficient security to pay the same in ten day's time after the fact is proved, he shall receive, at the publick stocks, fifteen lashes on the bare back, and fifteen lashes more at the inward bridge; and if any slave commits any of the said offences, he or she shall be whipped round the town, except his master or mistress will redeem the said punishment by paying half the fine imposed on white persons; the said monies to be applied and disposed of to the same persons and use above mentioned. Who to judge. Children. II. And the better to put this Act in execution, Be it enacted by the authority aforesaid, That the Commander-in-chief, or any one of the field officers, for the time being, any one of them is hereby appointed and made judges thereof, and that on proofs made before them, or any one of them, within ten days after the fact committed, by one or more credible witnesses, of any offence therein committed, they shall, and are hereby required to, award the said fine or punishment by warrant under their hands and seals, or any one of them, directed to any of the constables of Charlestown, who are hereby required to execute, or cause to be executed, the same, upon the penalty of forty shillings for every neglect, to be levied upon them by distress and sale of their goods and chattels, by warrant from the Commander-in-chief, or any of the field officers. III. And whereas, children under the age of sixteen have and do daily deface the said fortifications, by passing and going over them; Be it enacted by the authority aforesaid, That if any child or children as aforesaid shall hereafter commit any of the said offences, on proof thereof made against them, or any of them, if on notice given to the parents or guardians, or masters or mistresses, of the said children, by any of the field officers, they do not correct their said child or children, or pay the fine hereby imposed on white persons, the said field officer is hereby impowered and required to cause as aforesaid such correction to be given to the said child or children, as he shall think fit, not exceeding twenty lashes. Acts relating to the City of Charleston. A. D. 1704. IV. And be it further enacted by the authority aforesaid, That for the conveniency of people that goeth and cometh to and from Ashley river, Bridge. a bridge shall, with all convenient speed, be built and erected, from the South end of the bay to the land of Mr. John Vanderhorst, at the publick charge, in such place as by Col. William Rhett shall be appointed, who is hereby impowered, by an order under his hand on the publick receiver, to pay the same. V. And that no person may plead or pretend ignorance, Be it further enacted by the authority aforesaid, That this Act shall be read and published by beat of drums in the usual places in Charlestown, and read at the head of the town companies the next muster day, after the ratification thereof. VI. And be it further enacted by the authority aforesaid, That any person or persons that for their convenience are willing to build a bridge within the fortifications at their own charge and expences, from the land which belongeth to the public on the Southermost part of the front line next to Mr. Thomas Smith's saw-pit, to the neck of land on the other side of the marsh which belongs to the publick, shall, and they are hereby allowed liberty to build the same. VII. And be it further enacted by the authority aforesaid, That ten days after the ratification of this Act, no person whatsoever shall keep No cattle to be any mare, colt, cow, calf or ox, or any other cattle, running within the kept within the intrenchments in Charlestown, (except horses :) And if any person or intrenchments. persons aforesaid shall keep any of the cattle aforesaid, within the limits above mentioned, except inclosed in their own lots, after the time limited by this Act, such person or persons so offending shall forfeit the sum of five shillings for every day he, she or they shall keep any of the said cattle within the intrenchment aforesaid. And in order to effect the same, the Commander-in-chief for the time being, or Col. James Risbee, is hereby impowered to appoint a centinel at the gate and bridge, to be paid out of the public treasury, not exceeding ten pounds per annum, by an order under the hand of the said Commander-in-chief to the public receiver, who is hereby required to pay the same; and the said centinel shall keep out of the aforesaid intrenchments all the cattle above mentioned; and if any of the said cattle doth get into the said intrenchments through the gates, the said centinel shall immediately, on notice thereof, drive out of the said intrenchments the said cattle, and if he neglects to do the same, he shall forfeit five shillings for each neglect or neglects. And all fines and forfeitures as aforesaid, for which no provision is made for recovery thereof, shall be recovered in such manner and form, and for such uses, as the fines and forfeitures in this Act before are ordained and appointed. Read three times, and ratified in open Assembly, November 4, 1704. N. JOHNSON, (L. S.) THO. BROUGHTON, (L. S.) HENRY NOBLE, (L. S.) A, D. 1704. Acts relating to the City of Charleston. No. 231. AN ACT AGAINST KILLING OF BEASTS WITHIN THE INTRENCHMENTS OF CHARLES TOWN. FORASMUCH, as by dung and filth of the garbage and intrails of beasts, and the scalding of swine, killed in slaughter houses and yards within the intrenchments, the air is greatly corrupted and infected, and many maladies and other intolerable diseases do daily happen, as well to the inhabitants as strangers and travellers, in and out of Charlestown, for prevention thereof, I. Be it enacted, by his Excellency, John Lord Granville, Palatine, and the rest of the true and and absolute Lords and proprietors of this Province of Carolina, by and with the advice and consent of the rest of the members of the Generall Assembly, now met at Charlestown, for the south-west part of this Province, And it is hereby enacted by the authority of the same, That twenty days after the ratification of this Act, no butcher, or any other person or persons whatsoever, shall kill any cattle, sheep or hoggs, nor use or erect any slaughter house, cattle penn, sheep penn, or hogg sties, in either streets or yards within the intrenchments of Charlestown, on the penalty of twenty shillings for every offence committed, to be recovered by a warrant, under the hand and seal of one justice of the peace, to be levyed by a constable, one moiety thereof to be paid to the commissioners of the poor, for the use of the poor, the other moiety to him or them that will sue for the same; and for want of effects to levy the same upon, shall suffer one month's imprisonment, without baile or maine prize. II. Provided always, and be it enacted by the authority aforesaid, That this Act, or any thing therein contained, extend not to charge any person or persons for any the offences above mentioned, unless he or they be sued for the same within two months next after such offence done and committed. Read three times and ratified in open Asssembly, ROBT. JOHNSON, NICHOLAS TROTT, ROBT. GIBBES, No. 232. AN ACT FOR THE BETTER securing of CHARLESTOWN, BY STOPPING THE NORTH BARR OF ASHLEY RIVER, IN CASE OF INVASION; AND TO DISBAND THE MILITARY WATCH IN CHARLESTOWN. Preamble. WHEREAS, there is very good grounds and reason to believe, that our common enemies, the French and Spaniards, will make some attempts on this Province, and particularly upon Charlestown; in order to oppose and defeat their attempts the better, I. Be it enacted by his Excellency, John Lord Granville, Palatine, and Acts relating to the City of Charleston. A. D. 1704. Vessels may be the rest of the true and absolute Lords and proprietors of this Province, obstructed. II. And be it further enacted by the authority aforesaid, That if the Right Honourable the Governor, or Commander-in chief as aforesaid, shall North bar to be think and judge that the north barr cannot be sufficiently defended and secured by the said vessell or vessells so manned and fitted out, it shall and may be lawfull to and for the said Governour, or Commander-in-chief as aforesaid, to sink, or cause to be sunk, one or more vessels upon the said barr, to obstruct, hinder and prevent the enemie's vessells passing over the same; and if it happens that by the sinking of such vessell or vessells on the said barr, the enemie's ships are hindered from getting over the said barr, or Charlestown be not taken, or the vessells in the road are not destroyed by the enemies, then in such case, the owners or proprietors of such vessell or vessells shall be paid and satisfied by the publick for their said vessell or vessells, according to the appraisement made by three sufficient men, on their oaths, the said appraisers to be appointed and named by the Right Honourable the Governour, by warrant under his hand and seal. III. And in order to have all things and materialls ready for the doing thereof, Be it enacted by the authority aforesaid, That a sufficient Barrels to be quantity of barrells, not exceeding one hundred and fifty, bee forthwith prepared. provided at the publick charge, and filled with sand, and placed in some commodious place on the barr in Charlestown, in order to be put on board of such vessell or vessells as shall be pressed by vertue of this Act; and the Governour, or Commander-in-chief as aforesaid, are hereby required and empowered to cause the said barrells to be bought and provided, and to draw on the publick receiver for payment thereof, and the said receiver is hereby ordered to accept and pay the same. IV. And in order to man the said vessell or vessells so pressed by vertue of this Act, Be it enacted by the authority aforesaid, That the Right Hon- Men may be ourable the Governour, or Commander-in-chief as aforesaid, shall have pressed." power, and they are hereby impowered, if they shall see cause to press any vessell according to the directions of this Act, to press also any men, and command them to go and repair on board the said vessell or vessells so pressed, and to work and do all such duty and service as they or either of them shall be ordered and commanded to do by the commander appointed by the Right Honourable the Governour, or Commander-in-chief in Charlestown, to command the said vessell or vessells; and if any person or persons so pressed shall refuse to go on board, or obey command on board or on shoar, such person so offending shall and he is hereby made liable to such corporall punishment as the Right Honourable the Governour, |