Acts relating to the City of Charleston. come and work upon the said front wall and fortifications, such notice shall be deemed a sufficient summons to subject the person neglecting his duty, to the penalties before appointed by this Act. VII. And be it further enacted by the authority aforesaid, That all the forfeitures accruing by this Act shall be paid to the said commissioner, for the use and towards the charges of the said fortifications. A. D. 1707. Forfeitures. VIII. And be it further enacted by the authority aforesaid, That in case any of the workmen or other the labourers are idle, and doe not Time to be perform their work diligently, and according as they shall be directed by kept. the said commissioner, it shall be lawful for the said commissioner to mark and prick down such their idle time and neglects, and deduct the same out of the wages, if a white man, and if negroes, to order them such moderate correction as he shall think fitt. IX. And be it further enacted by the authority aforesaid, That in order Appropriation. to the carrying on and finishing of the said fortifications, it shall be lawfull for the said Thomas Walker, commissioner, from time to time, to draw out of the publick treasury such sume or sumes of money as he shall have occasion for, and judge necessary for the carrying on and finishing the said work, by order under his hand, directed to the publick Receiver for the time being, who is hereby required to pay the same, so as the severall orders exceed not the sum of six hundred pounds; and the commissioner aforesaid is hereby required and commanded a fair and just account to keep, of all disbursments on the said fortifications, by him ordered to be paid by the publick Receiver, and render the same to the Commous House of Assembly, when by them thereunto required. X. And be it further enacted, That the said Thomas Walker shall be allowed out of the publick treasury the sum of thirty pounds, which said sum of thirty pounds is hereby understood in full satisfaction for the service of the said Thomas Walker, as sole commissioner for finishing the fortifications, to be paid him upon the finishing the publick work, and the publick Receiver is hereby required to pay the same. XI. And whereas, it is highly necessary, for the satisfaction of all persons concerned in the publick treasury, that there be due care taken to prevent all mistakes that may happen in the accounts relating to the said publick work; Be it therefore enacted, That Mr. Patrick Martin is hereby nominated, authorized and appointed comptroller of the said accounts; and the better to qualify him for the due execution of that office, the overseers hired by the said commissioner shall every evening give them, the said commissioner and comptroller, each, an impartial account of of every negroe's work for that day, as also, to whom they doe belong; and every white man that shall be imployed by the commissioner aforesaid, on the publick work, or from whom any goods shall be pressed or bought for that end, are also hereby required to bring in and deliver their respective accounts to the said comptroller, duplicates of which, by them sigued, shall be given into the said commissioner, within twentyfour hours after he has received such account. XII. And it is further enacted by the authority aforesaid, That an account of every sum or sums of money, or any goods whatsoever, that the said commissioner may, by vertue of this Act, distrain or receive from any defaulters, shall be given, by the constable distraining, or any other person receiving such forfeitures, to the said comptroller, who is hereby authorized and required to keep a just and true account, as well of this, as all others matters relating to the publick work, and to render them to Comptroller of accounts appointed. A. D. 1707. Compensation. Vacancies filled. collected. Acts relating to the City of Charleston. the Commons House of Assembly, as often as by them he shall be thereunto required. XIII. And be it enacted by the authority aforesaid, That the said Patrick Martin, as a reward for his executing this office, shall be allowed the sum of fifteen pounds, to be paid him upon the finishing the said publick work, and the publick Receiver for the time being is hereby required to pay the same; and if the said comptroller shall neglect or not faithfully execute the office he is hereby authorized to perform, after he has undertaken the same upon him, he shall be liable to such abatement in his wages as by ordinance of the Generall Assembly shall be thought fitt. XIV. And it is further enacted by the authority aforesaid, That in case the aforesaid commissioner or commissioners, or either of them, should die or depart this Province, or be rendered uncapable of duely executing their respective offices, as by this Act is expressed and appointed, it shall and may be lawfull for the Right Honourable Sir Nathaniel Johnson, Knt and Governour, or the Governour for the time being, to appoint such other person or persons in his or their places, as he shall think fitt, who are hereby impowered to act as fully in this matter as the person or persons they shall succeed, until the next meeting of the Generall Assembly, and shall be subject to the like penalties. XV. And it is further enacted by the authority aforesaid, That Capt. Sums due to be Thomas Walker, commissioner as aforesaid, have power, and he is hereby impowered, to recover and receive of and from all manner of person or persons whatsoever, such sum or sums of money that now are or hereafter shall be indebted unto the publick on account of building and finishing the brick wall before any front lott or lotts in Charlestown; and that the commissioner aforesaid, upon receipt of such sume or sumes of money as aforesaid, shall be accountable to the publick, and he is hereby made lyable and accountable for the same to the publick as aforesaid. Acts repealed. XVI. And be it enacted by the authority aforesaid, That the limitts and bounds of Charlestown, by vertue of this Act, be and extend no further than is laid out and sett down in the grand plott of the said town. XVII. And be it further enacted, That an Act entitled "An additional Act to an Act entitled An Act to prevent the sea's further encroachments upon the wharfe of Charlestown, and for the repairing and building more Batteryes," &c, ratified the twenty-third day of September, one thousand seven hundred and three, is hereby repealed, revoked, disanulled and made void for ever, any thing in the said Act contained to the contrary notwithstanding. XVIII. And be it also enacted, That an Act entitled "An Act for the expeditious finishing the front line in Charlestown," ratified the fourth day of May, one thousand seven hundred and four, all the paragraphs and clauses therein contained, impowering Lieutenant Colonel William Rhett, late sole commissioner of the said front line and fortifications about Charlestown, be, and are hereby, repealed, revoked and disanulled and made void, any thing in the said Act contained to the contrary notwithstanding; and that the said Capt. Thomas Walker be, and he is hereby nominated and appointed, commissioner in the place and stead of the said Lieutenant Colonel William Rhett, to doe and execute all such powers and things as he hath by vertue of this Act; Provided nevertheless, and it is the true intent and meaning of this Act, that nothing herein contained shall extend or be construed to extend to exclude Lieutenant Colonel Acts relating to the City of Charleston. William Rhett, late sole commissioner for the fortifications, from being liable to make good his accounts concerning the fortifications, to the House of Commons. XIX. And be it enacted by the authority aforesaid, That this Act and every thing therein contained, doe continue and be in force the full terme and time of five years, from and after the ratification hereof, and from thence to the end of the next session of the Generall Assembly after, and no longer. Read three times, and ratified in open Assembly, N. JOHNSON, THOS. BROUGHTON, CHAS. BURNHAM, A. D. 1707. AN ACT for the better regulating the Watch in Charlestown. (Passed July 12, 1707. This Act being identical with No. 207, is omitted.) No. 265. AN ADDITIONAL ACT TO AN ACT ENTITULED "AN ACT FOR REPAIRING MAKING REPARATIONS TO ALL PERSONS FOR THE DAMAGES THEY SHALL SUSTAINE BY DEFENDING CHARLES TOWN, OR ANY OTHER PLACE REMOTE WHEREAS, the commissioner Capt Thomas Walker, by the said Act, is obliged not to exceed the sume of six hundred pounds for finishing the said fortifications, which said sume, being not only already expended, but severall persons who have supplied the country with their negroes (unless some further provision be made than in the before recited Act,) will receive considerable prejudice, and the said fortifications will likewise remain unfinished, whereby, in case of an enemy's invading us, we may be the less capable of defending this Province; and that the said fortifications may be made the more defenceible against the assaults and attacks of an enemy, No. 272. Preamble. I. Be it enacted by his Excellency, John Lord Granville, Palatine, and the rest of the true and absolute Lords and Proprietors of Carolina, Fortifications. by and with the advice and consent of the rest of the members of the Generall Assembly, now met at Charles Town, for the south-west part of the said Province, That the said commissioner, Capt. Thomas Walker, A. D. 1707. Fortifications ed. Acts relating to the City of Charleston. is hereby impowered and required to pallasade with cedar the trenches in and about the said fortifications. II. And be it further enacted, That from and after the ratification of this Act, the said Capt. Thomas Walker, commissioner aforesaid, is to be complet- hereby required and impowered, in order to the compleat finishing and keeping in repair, (with cedar,) the fortifications round about Charles town, to press or hire tradesmen and negroes, and to buy cedar plank for the platforms, timber, posts and slabs convenient for repairing the same, and draw orders for the payment thereof, as fully and amply as before in the said Act he might, could or should do, and with such tradesmen, negroes, &c., with all expedition to compleat, finish and repair; provided, that the said severall orders exceed not the sume of one thousand pounds. III. And be it further enacted by the authority aforesaid, That for Compensation. better encouragement of the said commissioner to carry on and compleat the works directed by this Act, the publick Receiver for the time being shall, and is hereby required to, pay unto him the said commissioner, or order, the sume of thirty pounds per annum, for the space of two years, to commence from and after the ratification of this Act, and to be paid quarterly, for the looking after and keeping in repair the said works, and a fair account of the same shall keep and render to the Generall Assembly, as often as he shall be thereunto required. IV. And be it further enacted by the authority aforesaid, That the said Thomas Walker, commissioner, shall be under the same fines and penalties for non-performance of his respective duties in the severall imployments, as in the before recited Acts is expressed. V. And whereas, The inhabitants of this Province have been at great Compensation charges and expences in fortifying and intrenching Charles Town, and for damage in- must be at further charge in keeping the same in constant repair, and may public service, be called by the Governour and Commander-in-chief to defend the same, curred in the in case of invasion or alarm; Be it therefore enacted by the authority aforesaid, That if any person or persons, upon alarm or invasion, shall be ordered from their respective places of rendevouz in their severall precincts to Charles Town, or from Charles Town to any other place, by order of the Capt. Generall aforesaid, to oppose the enemy, and shall suffer any loss or damages thereby by the enemy, in their respective divisions, shall be fully satisfied for the same out of the publick treasury; which said damages shall be valued by three freeholders, upon their corporall oath, living nearest the places where the said damages are sustained, by vertue of a warrant from under the hand of the Governour and Captain Generall for the time being, upon complaint made by any person or persons so injured. VI. And be it also enacted by the authority aforesaid, That a certificate under the hand of the aforesaid freeholders, containing the value of the said damages, shall be a sufficient warrant to the publick Receiver for the time being, to pay the same to the person or persons damnified, if there be a sufficiency in the treasury to pay the same; and in case there be not, the same shall be paid by a tax, equally levied upon the inhabitants and others having their interest in the Province, or by some other way, as shall seem meet to the Generall Assembly for the time being. VII. And whereas, neat cattle goes loose about the town, which damnifies the fortifications, contrary to an Act for that purpose, entitled "An Act to prevent the breaking down and destroying the fortifications, in and Acts relating to the City of Charleston. A. D. 1707. Loose cattle to about Charlestown;" Be it therefore enacted by the authority aforesaid, That Capt. Thomas Walker shall have power, and is hereby impowered, to be impounded. erect a common pound, at the most convenient place as he shall think fitt; and all such cattle as shall be found goeing loose about Charles Town, contrary to the aforesaid Act, shall be put into the said common pound, and there detained, untill the owners thereof shall pay, according as the said Act directeth, for every neat beast as shall be so impounded; and what charges the said Walker is at in erecting the said pound, he is hereby impowered to draw his note on the publick Receiver, who is hereby impowered and required to pay the same. Read three times, and ratified in open Assembly, this 28th day of November, A. D. 1707. N. JOHNSON, THOS. BROUGHTON, CHARLES BURNHAM. AN ACT FOR THE BETTER REGULATEING THE WATCH IN CHARLES No. 276. AND MAINTAINING A WATCH AT THE WHEREAS, in this time of war and eminent danger, a strict watch ought more especially to be kept in Charlestown, for the better preserva- Preamble. tion thereof, and maintaining good orders therein; as also for keeping and maintaining a watch, consisting of a sufficient number of men, at Windmill Point, as aforesaid Commanders I. Be it enacted by his Excellency John Lord Granville, Palatine, and the rest of the true and absolute Lords and Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the mem- of watch. bers of the General Assembly, now mett at Charlestowne, for the Southwest part of this Province, and it is enacted by the authority of the same, That Richard Wigg, Mathew Porter and Robert Ellis, shall, by commissions under the hand and seal of the Right Honorable the Governor, be appointed commanders of the nightly watch in Charlestown, together with the watch at the fort on Windmill Point, and shall finde and procure thirtysix able watchmen, to be fitted as is hereafter directed; and the said commanders shall each of them command in their respective watches every night, and they are respectively required to keep up half the number of thirty-six watchmen every night at Charlestown and Windmill Point, as the Generall or Commander-in-chief shall direct. II. And be it further enacted by the authority aforesaid, That every one of the said commanders shall, in his turne and on his watch night, have the whole command of the watch for that night, and all the watchmen under his command shall obey him as their proper officer for that night, and as they obey their captains and officers in time of allarum; and in order to enable the said commanders to make their rounds in their night watches, the commander whose turne it is to watch, shall, between the VOL. VII.-7. |