A. D. 1736. quantity of the said orders issued as shall be provided for in each year's tax bill; and that the said Treasurer, on the income of duties appropriated for fortifications, do cross and file, or procure to be crossed and filed, such a quantity of the said orders as shall be equal to the income of the said fund, until so much in orders be crossed and filed from the income of the said fund, as shall be issued in such orders to the use of fortifications; and all such orders so crossed and filed by the Treasurer, shall be carefully kept, and not reissued on any pretence whatever, but be yearly burnt to ashes in the presence of a committee of both houses of the General Assembly. Penalty on XI. And be it further enacted by the authority aforesaid, That if any person shall be guilty of forging or counterfeiting any of the said orders forging orders. by this Act directed to be issued, or shall be guilty of uttering any false or counterfeit orders in similitude of them, knowing the same to be false, every such person and his aiders and assistants in such an offence, shall be deemed to be guilty of felony without benefit of clergy, and shall suffer death as a felon; any law, usage or custom to the contrary notwithstanding. XII. And whereas, it is highly probable that in case the said intended invasion against the Colony of Georgia should take effect, that the said invaders may extend their views and make an attempt against this Province, it is therefore necessary, immediately to put Charlestown in a posture of defence; and whereas, by an Act of the General Assembly of this Province, entituled an Act for repairing the old and building of new fortifications in Charlestown, for the security and defence of this Province, &c. ratified the twenty-ninth day of May, one thousand seven hundred thirty and six, it is amongst other things provided, that the owners and proprietors or persons claiming lots, shall have liberty to complete and finish such part of the front wall or curtain line, as lie or happen to be before their respective lotts, at any time or times within eighteen months after the ratification of the said recited Act; and whereas, the received advice mentioned in this Act of an invasion intended and formed against this Province and the Colony of Georgia as aforesaid, make it necessary to have the said front wall or curtain line before Charlestown forthwith built and completed, Be it therefore enacted by the authority aforesaid, That if the several A front wall or persons obliged by any law now in force in this Province, to repair and curtain line to build the said front wall or curtain line before Charlestown, fronting be built before Cooper river, shall not give satisfactory assurances to the commissioners appointed in the above recited Act, within fifteen days after the ratification of this Act, that they will immediately begin and prosecute the same so as to finish the said wall or curtain line in two months after the passing of this Act, that then the said commissioners or any four of them, shall forthwith, and they are hereby impowered and directed, to pursue the directions of the before recited Act, to build and complete the said wall and curtain line, in like manner as if the limited time of eighteen months, mentioned therein, had been expired; any thing in the above recited Act or any other Act in force in this Province to the contrary notwithstanding, C. PINCKNEY, Speaker. Charleston. In the Council Chamber, the 5th day of March, 1736-7. Assented to: THOS. BROUGHTON. AN ADDITIONAL ACT to an Act entituled an Act for the keeping and A. D. 1737. No. 620. AN ACT FOR REGULATING THE GUARD AT JOHNSON'S FORT, AND FOR COURAGING THE SEVERAL OFFICERS AND SOLDIERS THEREIN. No. 621. FORASMUCH as it is highly necessary that good order and discipline should be kept and maintained in the several garrisons and forts of this Preamble. Province, as well to prevent mutiny among the soldiers as to make them useful for a military service; we therefore humbly pray your most sacred Majesty that it may be enacted, 1. And be it accordingly enacted, by the Honourable Thomas Broughton, Esquire, your Majesty's Lieutenant Governour and Commander-in-chief in and over this your Majesty's Province of South Caroliua, by and with the advice and consent of your Majesty's Honourable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That there be a constant guard kept and established in the A Guard of one Sergeant and fort commonly called Johnson's Fort, which shall consist of a commander, six white men duely commissioned for that purpose, and of one serjeant, and of six able, ordered at the effective white men, not under the age of eighteen years nor above the Fort. same. age of sixty years, to be enlisted by the commander and approved by the commissary for the time being; which said men shall duly attend and keep watch in the said fort, and shall from time to time keep the said fort and the ordnance, arms and ammunition therein, in good order and condition; and the commander shall oversee the same, and give his personal attend- Commander to ance there every night in the year, and shall from time to time observe oversee the and perform all such orders and directions for the managing and keeping the said guard, and for the exercise of his duty in the said fort, as he shall receive from the Governour or Commander-in-chief for the time being, by and with the advice and consent of his Majesty's honourable Council, under a penalty of being mulcted of his pay, or of such part thereof, for any neglect or default, in such manner as the Governour and Council shall think fit. II. And be it further enacted by the authority aforesaid, That the said commander, besides the pay to be yearly provided for him in the Extra allowannual estimate, shall be allowed, for his further encouragement, per an-ance to the commander. num, two barrels of beef, twelve bushels of corn, and one hundred weight of rice, to be provided by the commissary for the time being, to the said commander; and the like quantity and allowance to each man under his command, in the said service, respectively. And every master of a vessel that shall come into the port or harbour of Charlestown, on producing his Fees from maslet-pass to the commander of the said fort, shall be liable to pay him the ters of vessels. same fees as are provided by the Act for ascertaining public officers' fees. III. And be it further enacted by the authority aforesaid, That the said fort shall in times of alarum be the place of rendezvous for the militia VOL. III.-59. A. D. 1737. company of James Island, who are hereby required to appear there at such a time with their respective officers, and to observe there such orders and directions as shall be given them by the Governour or Commandervous in case of in-chief for the time being. The rendez alarm to be at the fort. Penalty for disobedience. Keepers of punch-houses not to credit soldiers with out leave. IV. And for the better maintaining a good discipline in the said fort, as well as in the other forts and garrisons in the pay and upon the establishment of this Province, Be it further enacted by the authority aforesaid, That all enlisted private men in the said fort, or any other fort or garrison of this Province, who shall not from time to time observe and keep all such orders, commands and directions which shall at any time be given them by their officers or commanders, relating to their service in the said forts respectively, shall for every neglect, disobedience or refusal, be subject to the punishment of whipping, not exceeding twenty lashes at a time, unless otherwise ordered by the Commander-in-chief for the time being, by and with the advice and consent of his Majesty's honourable Council, who may proceed to try and punish the said soldiers and men for any offence committed by them, according to the rules and articles of war established by Act of Parliament in Great Britain. V. And whereas, several people, keeping punch houses, have entertained the soldiers and private men belonging to the said forts and garrisons, and have suffered them to tipple and get drunk, and often credited them for more than they were able to pay, whereby they have been debauched into too great a neglect of their duty, and have sometimes departed from the publick service; Be it therefore further enacted by the authority aforesaid, That if any person keeping a punch house, or retailing rum or other liquor, shall entertain, harbour or credit any soldier or private man enlisted in the service of any fort or garrison of this Province, without leave first had from the commander, every person so offending shall, for every time he or she shall be thereof convicted before any neighbouring justice of the peace, forfeit the sum of forty shillings proclamation money, besides the money so credited, to be applied to the use of the said fort in which such soldier is enlisted. VI. And be it further enacted by the authority aforesaid, That_for Muster rolls to the future every commander of the several forts and garrisons in this Probe made out for vince shall twice every year, viz. on the twenty-fifth day of March and the every fort and twenty-ninth day of September, and at no other time, make out a muster garrison. roll, in due form, and also enter in the margin thereof, against each man's name, the number of the certificate referring to such muster roll, and triplicates thereof shall be immediately transmitted, one to his Excellency the Governour, or Commander-in-chief for the time being, one other to the publick treasurer, and a third to the commissary for the time being; and the publick treasurer shall every year prepare printed certificates, with such devices as he shall think most effectual for the prevention of counterfeits, and shall take care to deliver timely to each commander a sufficient number of such certificates to make out two muster rolls, and no more; and the said certificates are to be indented, and the counterparts kepton a file in the treasurer's office. Form of certifi. cate, VII. And be it further enacted by the authority aforesaid, That the words of the said certificates shall be as follows, viz. "Fort to the or order, Anno Muster Roll of the - day of certified that A. B. has served at from the day of instant, for which service there is due to the said A.B., -pounds, current money of this Province, payable out of "the money raised or to be raised for discharging the publick debts for the “said time; and this certificate shall be taken in payment of tax, for the A. D. 1737. "full value above expressed, pursuant to law. J. S., Commander C. D., Lieut. or Serj't. } of Fort (Number in the Margin of the Muster Roll,-) And the several commanders in the publick service shall constantly fill up the said certificates on the day next after the date of the muster roll, and at no other time (except as herein after excepted) and shall sign the same, and shall cause the lieutenant or serjeant to sign with him, and immediately deliver one to each man returned on the muster roll. to be sworn. VIII. And be it further enacted by the authority aforesaid, That all commanders and other officers concerned in making out muster rolls and Officers making filling up or signing certificates shall, before they make out any such mus-out muster rolls ter roll or sign any certificate, be sworn on the holy evangelists, before any of his Majesty's justices of the peace, who are hereby required to administer the same without fee or reward, to the faithful discharge of the trust in him or them reposed. And in case any commander shall fraudulently make a false return in a muster roll, or sign a false certificate, to the pre- Penalty for judice of the publick, he shall forfeit all his pay, be dismissed the service, fraud in this and be rendered forever incapable of holding any place of trust in this Province; any thing to the contrary notwithstanding. respect. enlistment. IX. And for the better regulating and adjusting the publick accounts relating to the forts and garrisons, it is further enacted by the author- Period of ity aforesaid, That no person shall be enlisted as a soldier in the publick service for a shorter time than six months, nor otherwise than conformable to the periods of time aforementioned for making out of muster rolls; and in case any soldier dies in the service, the captain is hereby impowered and required to fill up a special certificate, expres- Soldiers dying. sing the day he died; and the vacancy happening by any such person's decease, is not to be filled until the next period for making out a muster roll, unless special directions be given for that purpose by the commander-in-chief for the time being, when several vacancies shall weaken the garrison. Certificates to X. And be it further enacted by the authority aforesaid, That all certificates made out and signed as before directed, shall at the request of the be attested by bearer thereof be attested by the publick treasurer, without fee or reward; the treasurer. and shall from time to time be taken in payment by the publick treasurer, collector or collectors appointed to receive the publick tax. XI. And be it further enacted by the authority aforesaid, That when Certificates to the publick treasurer shall have collected moneys raised by publick taxes be brought in. or otherwise, for discharging and paying the forts and garrisons, he shall duly advertise the same, and order all certificates to be brought in to be discharged within the space of three months at farthest. XII. And be it further enacted by the authority aforesaid, That this Limitation of Act, and every matter and thing therein contained, shall continue in force this Act. for three years, and from thence to the end of the next sessions of the General Assembly, and no longer; any thing herein before contained to the contrary notwithstanding. C. PINCKNEY, Speaker. In the Council Chamber, the 5th day of March, 1736-7. Assented to THOS. BROUGHTON. A. D. 1737. No. 622. AN ACT for the better regulating the Court of Common Pleas to be holden on every second Tuesday in February, May, August and November, yearly and every year, being the antient times heretofore appointed for holding the said Court. No. 623. Preamble. The buying offices forbid and selling of den; AN ACT FOR PUTTING IN FORCE IN THIS PROVINCE PART OF AN ACT OF OF ACCOUNTABLE RECEIPTS FOR NOTES, BILLS OR OTHER SECURITYS FOR FOR the avoiding of corruption which may hereafter happen to be in the officers and ministers of those courts, places or rooms, wherein there is requisite to be had the true administration of justice, or services of trust, and to the intent that persons worthy and meet to be advanced to the place where justice is to be ministered, or any service of trust executed, should hereafter be preferred to the same and no other, we therefore pray your most sacred Majesty that it may be enacted, I. And be it accordingly enacted by the Honourable Thomas Broughton, Esquire, Lieutenant Governour and Commander-in-chief, in and over this Province of South Carolina, by and with the advice and consent of his Majesty's Honourable Council and the Assembly of this Province, and by the authority of the same, That if any person or persons at any time hereafter, bargain or sell any office or offices, or deputation of any office or offices, or any part or parcel of any of them, or receive, have or take any money, fee, reward or any other profit, directly or indirectly, or take any promise, agreement, covenant, bond, or any assurance to receive or have any money, fee, reward or other profit, directly or indirectly, for any office or offices, or for the deputation of any office or offices, or any part of any of them, or to the intent that any person should have, exercise or enjoy any office or offices, or the deputation of any office or offices, or any part of any of them, which office or offices or any part or |