Acts relating to the City of Charleston. the provost marshall of this Province, to commit such offending person to prison for any time not exceeding a week, for one day's neglect. A. D. 1719. Notice. XIV. And be it further enacted by the authority aforesaid, That in case the said commissioners, or any three of them, or any person by their order, shall leave a note at the dwelling house of any person, requiring him to come and work upon the fortifications or front wall, or to send his negroes to work, according to the powers given by this Act, such notice shall be deemed a pressing within this Act, so as to subject the person offending and neglecting his duty, to the penalties before appointed by this Act. XV. And it is also enacted by the authority aforesaid, That in case any of the workmen or other the labourers are idle, and do not perform their work dilligently and according as they shall be directed by the com- disobedience. missioners, or any two of them, it shall be lawful for the said commissioners to mark or prick out so much of their idle or lapsed time of neglect, and deduct the same out of their wages; and in case of his or their refusal to obey in the direction they give relating to their work, it shall then be lawfull for any quorum of the said commissioners, to commit him or them to prison, if white men, and if negroes, to order such moderate correction as they may think fit. XVI. And be it further enacted by the authority aforesaid, That all the forfeitures arising by this Act shall be paid to the said commissioners, to and for the use and towards the charges of building and repairing the fortifications on the front line appointed by this Act, and to no other use whatever. Punishment for idleness and XVII. And whereas, the publick magazine is found not to be well and sufficiently covered to preserve the powder therein lodged from any storms Powder Maga of rain which may happen, to the great hazard of endangering the said zine. powder; Be it therefore enacted by the authority aforesaid, That it shall and may be lawfull for the commissioners aforesaid, or any two of them, and they are hereby authorized and impowered, to buy and agree for any quantity of slate that may be convenient and requisite, for the covering of the said magazine, and the publick Receiver is hereby obliged to pay such sum as the said commissioners shall draw upon him for that purpose and the workmanship therein. Read three times, and ratified in open Assembly, CHARLES CRAVEN, CHARLES HART, R. IZARD, HUGH BUTLER, AN ADDITIONAL ACT TO THE ACT NOW IN FORCE, RELATING TO THE No. 396. FORTIFICATIONS IN CHARLES TOWN. FOR the more speedy putting the bastions of the Fortification of A. D. 1719. Sole Commis sioner to be appointed. Mode of employing work men, sion, Acts relating to the City of Charleston. 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 members of the General Assembly, now met at Charles Town, for the South and West part of the said Province, and by the authority of the same, That the Governour and Council may, and they are hereby impowered to, agree with a person who shall be sole commissioner for undertaking, managing and overseeing the repairing of the Bastions, mounting the great guns, and perfecting every matter and thing relating thereto, in as expeditious a manner, and of such materials, as the present necessity of this affair requires; which agreement so made by them, shall be made good by the publick of this Province; which sole commissioner shall be under the orders and directions of the Honourable the Governour, and is hereby impowered and vested with all the powers and authority for doing the said works, as any commissioners have now, or heretofore had, by any law of this Province relating to the fortifications of Charles Town, as if all the said powers were actually herein inserted. II. And for the more effectual doing the same, Be it further enacted by the authority aforesaid, That every Parish in this Province shall send an able male working negro slave, such as the commissioner shall approve of, for every tenth working male negro in the same, with provisions for the whole time, to be put to such works about the said bastions, platforms and great guns, as the said sole commissioner shall direct; which male negroes shall be sent by an order directed to persons possessing the said negroes, which if they refuse to discover the number of such negroes, he or they shall forfeit fifty pounds for each working male negro he is possessed of, to be recovered by the said sole commissioner, and applied by him to the use of the said works; after the manner and form as sha be appointed by the inquisitors for the tax of each Parish; and if any person shall refuse or neglect to send such negroes as shall be so directed, then they shall pay the sum of twenty pounds current money, for ean negro, to the sole commissioner aforesaid; otherwise the said sum shall be distrained, by warrant under the hand and seal of the said sole commissioner, with the charges arising thereon, which sums shall be applied to the use of the said fortifications. 1II. But in case the said negroes, or the money arising by the Further provi- defaulters aforesaid, are not sufficient to perform the said works; Be it therefore further enacted, That the commissioner aforesaid shall have power to draw orders on the publick Receiver of this Province, for such sums of money as shall be so wanting for the payment of the tradesmen, labourers, overseers or artificers imployed by him about the said works; and the publick Receiver is hereby required to pay the same, out of the dutys arising by negroes imported into this Province; which dutys are hereby appropriated to the said use, and no other; and allow an interest after the rate of ten per cent per annum on such orders, untill he has money sufficient on that fund to call in and cancel the same. IV. And be it further enacted by the authority aforesaid, That if any doubt or scruple shall arise through any misinterpretation or imperfection in the wording of this Act, contrary to the true design of the same, that then it shall be lawfull for the Governour and Council of this Province, to interpret the true sense of the same; any law, custom or usage to the contrary in any wise notwithstanding. V. And for securing the water passage leading into this Province from St. Augustine, Be it further enacted, That the present commissioners of Acts relating to the City of Charleston. A.D. 1719. the Scout Boats are hereby impowered to finish the fortifications begun Inland passage at the north end of Mackey's Island, and mount there, and at Beaufort, to be secured. any number of great guus, not exceeding twelve, for the security of the said frontier; and that for the more expeditious doing the same, the proportion of negroes that ought to be sent as above directed, to Charles Town, from Edistoe Island, and all the islands between the same and Port Royall inclusive, shall be, and they are hereby required to be, sent to the said works, under the like penalties as is before directed, any thing hereinbefore to the contrary thereof notwithstanding. VI. And be it further enacted, That the said water passage shall have a guard of at least twenty hired men, the men belonging to Scout Boats in- Wages, how to be paid. clusive, under the establisment of the present pay of the Scout Boats. VII. And as there is yet no provision made for the said Scout Boats and the wages of men, and providing necessaries for the same; Be it enacted, by the authority aforesaid, That the said commissioners of the Scout Boats are hereby impowered to draw orders on the publick Receiver, half yearly, for the said wages, and for the necessaries provided for them as aforesaid; and the publick Receiver is hereby directed to pay the same, out of any other duties remaining in his hands; which, if it should prove deficient, the Generall Assembly is to make further provision for the same upon the auditing the accounts of the said commissioners of the Scout Boats, by a committee of the House of Commons. Fort. VIII. Provided always, and be it further enacted, That Johnson's Fort shall be forthwith repaired by the direction of the commissioner appointed by Johnson's the tax Act, or in case the said commissioner should be unable to go through the said work by sickness, then the Governour shall appoint another person in his room, who is hereby impowered with all the authorities for the said works, as the commissioner of Charles Town is vested with; and the proportion of negroes to be sent to Charles Town from all the inhabitants living to the south and west of Ashley River, are hereby directed to be sent to the works at Johnson's Fort, under the same penalty as is above directed; any thing hereinbefore to the contrary in any wise notwithstanding. IX. And be it further enacted, That the two thousand pounds appropria ted by the tax Act, for the repairs of Johnson's Fort, shall be appropriated only to paying the tradesmen that mounts the great guns, and laying the plat-forms, and buying planks for the carriages, and other necessaries for the same; and if there remains any overplus of the said two thousand pounds, after the said works are paid for, then such overplus shall be paid by the commissioners of the tax, towards the like works in Charles Town, by order of the sole commissioner aforesaid. X. And in case any person have more or less than ten male working negroes, from the age of sixteen to sixty, that there may be Apportionan equal proportion sent by every person, and that the burden may ment. be as equal as possible, Be it further enacted, That all persons that have a less or greater number of male working slaves than ten, shall pay forty shillings per head, for each male working negro he shall have under or over every tenth, or send an able working slave to the said works, who shall continue at the same, after the rate of seven shillings and six pence per day, untill the said sum of forty shillings per head shall be discompted by his work to the sole commissioner of Charles Town, or the commissioner of Johnson's Fort or Scout Boats, as is before directed, under the penalty to have the same distrained by the said commissioners in the divisions appointed by this Act for each work, with charges arising thereby. A. D. 1719. Assessment. Overseers. Negroes furnished to be ablebodied, under penalty. Provisions. Acts relating to the City of Charleston. XI. And be it further enacted, That the assessors appointed by the tax Act, shall assess the inhabitants living within the town plot of Charles -Town, on their estates real and personal, the sum of one thousand five hundred pounds, being computed to be the sixth part of the value of the hire of the negroes employed in the said works, and sent by the several Parishes of this Province; which assessment shall be paid to the said sole commissioner aforesaid, towards paying the workmen and other charges of the said fortifications; the hire of the said negroes to be valued at seven shillings and six pence per day, for fifty working days, which they are not to exceed, about any of the fortifications; and if any of the said inhabitants shall refuse to pay such assessment as aforesaid, the sums so refused, with the charges of distraining, shall be distrained upon the estates of such person or persons, by a warrant under the hand and seal of the said commissioner, directed to any constable in Charles Town, who are hereby impowered to execute the same, always returning the overplus to the owner, after all charges deducted. XII. And be it further enacted by the authority aforesaid, That there shall be sent or hired by the inquisitors of each parish or division, one white man for every twenty negroes, out of such parishes or divisions as sends negroes to that number, who shall come armed according as it is prescribed in the militia Act; and shall be paid after the rate of thirty shillings a day, by the said sole commissioner, or the other commissioner for the works at Johnson's Fort, out of any of the money that shall be paid them for the use of the said works; and if the said overseer shall refuse or neglect to come down and look after the said negroes, according to the directions of the said commissioners, that then he shall forfeit the sum of three pounds current money, for each day he shall be absent; to be recovered by action of debt, by any of the said commissioners, for the uses and works aforesaid; and the said overseers shall be obliged to keep with the said negroes on Sundays; to prevent their caballing or rambling, on the like penalties; but in case the overseers aforesaid shall not do their duty, to the satisfaction of the said sole commissioner, it may be lawfull for him to discharge the said overseer, and to appoint another in his room, and to appoint overseers for such precincts or divisions as shall not send them to serve as aforesaid. XIII. And whereas, several persons obliged by this Act to send negroes, may send such as are not capable of any or very little service; therefore be it enacted by the authority aforesaid, That it shall and may be lawfull for the said sole commissioner, or any of the commissioners, to refuse such negro, and the person or persons so to send negroes, shall send some other good and serviceable negro or negroes in their room, and shall pay seven shillings and six pence per diem, for each day the said unserviceable negroes were imployed, untill they can be exchanged as aforesaid, to be applied to the use of the fortifications; and in case he shall refuse to send such negroes, he shall forfeit the sum of twenty pounds, for each negro so by him to be sent as aforesaid. XIV. And be it further enacted by the authority aforesaid, That the said overseers shall cause to be delivered unto any of the commissioners of the works aforesaid, such provisions as shall be sent by the masters of any negroes sent to the said works; which provisions shall be, by such commissioner, lodged in a convenient store-house, hired for that purpose, and he shall cause the same to be, from time to time, delivered out to the said overseers, for the use of his gang of negroes. XV. And be it further enacted by the authority aforesaid, That the said Acts relating to the City of Charleston. A. D. 1719. sole commissioner aforesaid shall provide several other places in and XVI. And be it further enacted by the authority aforesaid, That the owners of such negroes as shall be sent to the said works, shall send their said negroes by the tenth day of April next, under the like penalties, as if they refuse or neglect to do the same; and shall also send with each negro, either a good hoe, and axe or spade. XVII. And be it further enacted by the authority aforesaid, That in case any master or owner of any negro sent to the said works, should have Negroes killed or maimed, to his negro killed or maimed in the said works, that then the said sole be paid for. commissioner, or other commissioners appointed for the works mentioned in this Act, shall cause the said negro to be valued by three freeholders, upon their oaths, and certify such appraisement to the publick Receiver of this Province, who is hereby directed to pay the said sum so certified, to the owner or master of the said negro. XVIII. And for the better securing Charles Town from fire; Be it enacted, That all merchants and other persons, which keep powder to sell, shall put the same into the magazine in Charles Town, and shall pay to the powder receiver, for his care and trouble, of taking in and delivering out, and for the time it shall be there, be it more or less, two shillings for every barrel; and no person whatsoever, inhabitant of Charles Town, shall keep in any house in Charles Town, at one time, more than one quarter of a barrel of powder, under the penalty of ten pounds, for each month he shall keep in any house as aforesaid more than a quarter of a barrel as aforesaid; to be recovered by bill, plaint or information, in any Court of Record in this Province; one half thereof to the church-wardens of the Parish of Charles Town, for the use of the poor of the said Parish, and the other half to him or them that will inform and sue for the same. Powder, how to be kept. . Commissionera XIX. And be it further enacted, That the said several commissioners shall lay a state of their accounts, and of all the moneys received, or to account. ordered, or paid by them, by virtue of this Act, before the next Commons House of Assembly, and account for the same with a committee, that shall be appointed by the said House; and if it shall appear, upon the report of the said committee, to the said House, that any part of the said moneys so received was applied to any other use than is directed by this Act, such commissioner or commissioners shall forfeit treble the value of such sum; to be recovered of such commissioner or commissioners by action of debt, to be brought by the publick Receiver, in any Court of Record in this Province, for the use of the publick. XX. And whereas, several persons lay claims to sundry lots upon the Bay, from high-water mark to low-water mark, by which means the persons that own the said front lots are discouraged in building their part of the front wall, by reason, that another person claims the lot before them, to low-water mark; therefore, for the preventing of all disputes relating to that matter, and that the same may be no hindrance to the building the front line, Be it further enacted by the authority aforesaid, That in case any person or persons whatsoever, hath any claim to any of the said lots, from high-water to low-water mark, that he or they shall, within twenty days after the ratification of this Act, appear before the commissioner of this Act, and signify to him, that he doth insist upon his claim and right to Certain Water |