A. D. 1746. Slaves without tickets to be taken up. in it, under the penalty of twenty shillings current money, for want of any such arms or ammunition at such times and places as they shall be appointed by their respective commanders in their several districts. VII. And be it further enacted by the authority aforesaid, That every patrol shall ride once at least in every fortnight in their several and respective districts, and may take up all slaves which they shall see without the fences or cleared ground of their owners' plantations, who have not a ticket or letter to shew the reasonableness of their absence, or who have not some white person in company to give an account of his, her, or their business, and such patrol may correct every such slave or slaves by Slaves not to be whipping with a switch or cowskin, not exceeding twenty lashes; provided that no patrol man shall beat or abuse any slave, quietly and peaceably being in his master's plantation, or found any where out of the same, having a lawful ticket, under the penalty of forty shillings, to be recovered by warrant from any justice of the peace upon oath, and paid to the owner of the slave so abused; and the said patrols shall have full power to search and examine all negro houses for offensive weapons Negro houses and ammunition, and on finding of any such contrary to the Act for the better ordering and governing of negroes and other slaves, shall then proceed according to the method by the said Act directed. abused. to be searched for offensive weapons. VIII. And be it further enacted by the authority aforesaid, That the said patrols in their several districts, or any two persons belonging to the May enter the houses of said patrols respectively, shall have full power, and they are hereby aupersons suspected thorized and impowered, to enter into any disorderly tipling house or other of trafficking house suspected of harboring, trafficking, or dealing with negroes, either of white persons, free negroes, or others, and to apprehend and correct all disorderly slaves there found, by whipping as hereinbefore directed; and the said patrols in their several districts may search any such disorderly houses for stolen goods, if any are suspected to be there concealed, upon oath first made of such suspicion before a magistrate, and the same certified to the commander of such patrol. with negroes, or of having stolen goods. Penalty on commanding officer for neg lect of duty. Substitutes may be appointed. IX. And be it further enacted by the authority aforesaid, That in case the captain of any district or other commanding officer at any muster day, or within five days after, shall fail or neglect to prick off a sufficient patrol for any district according to the method prescribed by this Act, in manner aforesaid, each of the said captains or other next commanding officer, shall, for every such neglect or default, forfeit the sum of forty shillings for every patrol district so unsupplied, to be recovered by warrant under the hand and seal of any justice of the peace for the county where the offence shall be committed, and shall go to his Majesty and be paid to the commissioners of the high roads in the parish where the offence shall be committed, and to be by them applied towards repairing the bridges and causeys in such parishes respectively. X. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any person or persons to send another white person or persons between the age of sixteen and sixty years, to ride patrol for them and to perform the other dutys required of patrols; and if any captain, or other officer, constable, patrol man, or other person, shall be sued, arrested, or impleaded for any matter or thing which he shall do, or cause to be done, by virtue of or in pursuance of this Act, it shall and may be lawful for every such captain and other officer, constable, patrol man, and other person, to plead the general issue, and give ed and this Act this Act and the special matter in evidence on the tryal; and if a vergiven in evidence. dict shall pass against the plaintiff or plaintiffs, or that such plaintiff or plaintiffs shall suffer a nonsuit or discontinue his or their action or suit, General issue may be plead then in every such case the court where such action shall be depending, shall tax and allow to the defendant or defendants, his and their double costs in every such suit or action; provided always, that this Act and every thing herein contained, shall continue and be in force for the term of three years, and from thence to the end of the next session of the General Assembly, and no longer. WM. BULL, Jun., Speaker. In the Council Chamber, the 17th day of June, 1746. A. D. 1746. AN ACT FOR THE APPOINTMENT OF A POWDER Receiver, and for the No. 743. WHEREAS, the office of powder receiver is become vacant by the death of Col. Miles Brewton, the late powder receiver, and there being Preamble. some regulations necessary to be made in the said office, we humbly pray your most sacred Majesty that it may be enacted, 1. And be it enacted, by his Excellency James Glen, Esq., Governor in chief and Captain General in and over the Province of South Carolina, by and with the advice and consent of his Majesty's honorable Council and the Commons House of Assembly of this Province, and by the authority of the same, That Colonel Robert Brewton be powder receiver of this Province, in the room of the said Colonel Miles Brewton, deceased; and that he have and receive all the fees, perquisites, and emoluments appertaining to the said office. II. And be it further enacted by the authority aforesaid, That the powder receiver hereby appointed, and all powder receivers hereafter to be Powder receivappointed, shall, before he or they be permitted to execute the said to give security in £2000. office, enter into bond with one or more sufficient suretys to his Majesty, his heirs and successors, in the penal sum of two thousand pounds proclamation money, for the due and faithful execution of his office, and to render a just and true account of all the powder received by him for the use of the public, when thereto required by his Excellency the Governor or the Commander-in-Chief for the time being, or by either House of Assembly, and also for payment of the balance of such powder as shall be in his hands belonging to the public. III. And whereas, all public officers ought to be under a check, It is hereby further enacted by the authority aforesaid, That every commander Masters to or master of any ship or vessel that now is, or hereafter shall come into furnish an any port or harbor in this Province, at the time of his clearing out at the account on oath treasurer's office, shall give a true and just account upon oath of the bur- of vessels liable of the tonnage then and tunnage of such ship or vessel according to the rule prescribed to powder duty. for the measuring of vessels in and by an Act of the General Assembly of this Province, intitled an Act for raising a public store of gun-powder for the defence of the Province of South Carolina; and the said public treasurer shall certify the same to the powder receiver, without which the powder receiver shall not clear any vessel in his office; and the said powder receiver shall be, and he is hereby obliged and required to keep the said certificate so given upon a file, that the same may be inspected when the powder receiver's accounts shall be examined. A. D. 1746. The powder in ; the magazine to be turned every 4 weeks. Persons carry ing powder to the magazine. Daily attendance to be given. IV. And be it further enacted by the authority aforesaid, That the pow der receiver for the time being shall be, and he is hereby strictly enjoined, obliged, and required once in every four weeks to cause all the powder in the magazine belonging to the public to be turned. V. And be it further enacted by the authority aforesaid, That all and every person and persons who shall have any gun-powder carried to or brought from the powder magazine, shall, and they are hereby required to cause such powder to be covered with blankets, or in some other secure manner, so as to prevent any accident that might otherwise happen; and every person who shall neglect or refuse so to do, shall forfeit the sum of ten shillings current money for every cask so to be carried to or brought from the magazine, contrary to the directions of this Act, to be paid to the person who will inform and sue for the same within forty-eight hours after the offence committed, to be recovered by warrant from any justice of the peace. VI. And be it further enacted by the authority aforesaid, That the pow der receiver for the time being, shall be, and he is hereby obliged, if required, to give constant and due attendance every day (Sundays and holydays excepted) from the hour of eight to eleven in the morning, for the delivering out and taking into the powder magazine all powder belonging to private persons. WM. BULL, Jun., Speaker. In the Council Chamber, the 17th day of June, 1746. Assented to: JAMES GLEN. No. 744. AN ACT TO PREVENT FRAUDS AND DECEITS IN SELLING RICE, PITCH TAR, ROSIN, Turpentine, BeeF, PORK, SHINGLES, STAVES AND FIRE WOOD, AND TO REGULATE THE WEIGHING OF THE SEVERAL COMMODITYS AND MERCHANDIZE IN THIS PROVINCE. Preamble. Before the articles are sold, the barrels to have a burnt mark. FORASMUCH as the credit and repute of the commoditys of this Province may be better increased and establisned, by having wholesome laws therein subsisting for the reformation of abuses in selling the same, we therefore pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esq., Governor in chief and Captain General in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's honourable Council, and the Commons House of Assembly of this Province, and by the authority of the same, That all and every person and persons whatever, who after the twenty-fourth day of August next ensuing the passing of this Act, shall sell or expose for sale in any part of this Province, any pitch, tar, rosin, turpentine, beef or pork, in any casks or barrels, shall first set on every such cask or barrel a burnt mark, with the first letter of the christian name, and the sirname at length, of the maker of such commodity, with an iron brand, hereby directed for that purpose; and if any person, after the said twenty-fourth day of August aforesaid, shall in any port or place of exportation within this Province, sell or expose to sale any of the said commoditys hereinbefore enumerated, in any cask or barrel, before the same be marked and branded as aforesaid, every such person shall, for every such cask or barrel, forfeit the sum of Penalty. ten shillings, current money of this Province, to the person or persons who A. D. 1746. will inform and sue for the same, to be recovered before any justice of peace of this Province, in such manner as is provided by the Act for the tryal of small and mean causes; and if any merchant, factor, trader or other person, shall after the said twenty-fourth day of August, ship or put on board any ship or vessel, any of the said commoditys hereinbefore enumerated, in any casks or barrels, with intent to export the same before such casks or barrels be marked and branded as aforesaid, every such merchant, factor, trader or other person, shall forfeit the sum of ten shillings for every such cask or barrel, to be sued for, recovered and disposed of in manner aforesaid. mixtures to be II. And be it further enacted by the authority aforesaid, That if any planter or other person shall sell or expose for sale to any merchant, Barrels containfactor or any other person, at any port or place of exportation within this ing fraudulent Province, any casks or barrels of rice, which upon opening or uncasking forfeited. the same, shall be found to contain any unfair and fraudulent mixture of small or damaged rice, then and in every such case, the seller of the said rice, or person offering the same to sale, shall immediately, on request of the buyer, or person offering to buy the same, name one indifferent person, being a freeholder, and the said buyer another, to view the said rice, and if such two persons shall agree in opinion and certify the same in writing under their hands, that such rice was deceitfully and fraudulently packed and exposed for sale, every such cask or barrel, so fraudulently packed and exposed to sale, shall be and the same is hereby declared to be forfeited to his Majesty, for the use of the public of this Province, and to be applied in ease of the tax of the then current year, and the same shall be sold or caused to be sold by the public treasurer of the Province, or by the persons or person who shall condemn the same, for the use aforesaid, who shall be allowed thereout, five per cent. for their trouble: Provided always, that if the seller shall refuse to nominate a person to view the said rice, that then the buyer shall nominate both the persons to view such rice, who shall have the same power as if one had been named by the seller and one by the buyer; provided also, that in case the said persons nominated as aforesaid, shall not agree in opinion, they shall have power to nominate a third person, being a freeholder as aforesaid, who shall have the same power as the first two by this Act have, and in case either of the said two persons shall refuse or neglect to join, or cannot agree in nominating such third person, then and in such case any justice of the peace, on notice given by both or either of the said persons, shall and he is hereby required to nominate such third person, which third person shall have the same power in the premises as if he had been nominated by both; provided lastly, that such adjudication and certificate shall be made within twenty-four hours from the first application, and the said certificate shall be deemed a sufficient condemnation of the said rice, to warrant the sale thereof as aforesaid; any law, statute, usage or custom, to the contrary notwithstanding. Barrels to be III. And be it further enacted by the authority aforesaid, That every person and persons in this Province, shall make his and their casks for packing beef or pork, of sound, dry and well seasoned white or water oak made of well timber, without sap, the heads as well as bodys of which casks shall be seasoned white made tight so as to hold pickle, and shall fill the said casks with water before the same is packed with any beef or pork. or water oak. IV. And be it further enacted by the authority aforesaid, That from Regulations and after the said twenty-fourth day of August aforesaid, every barrel of concerning pitch which shall be made and sold in this Province, shall contain three pork and beef, A. D. 1746. hundred and twenty-two pounds gross weight; every barrel of tar shall contain thirty-two gallons; every barrel of pork or beef, shall contain thirty gallons and two hundred pounds weight of wholesome well cured meat in the same, which shall be weighed by the packers, and well packed with salt and pickle, each piece not to weigh more than eight pounds, and not to be cut or mangled further than to take out the kernels or where the bones require it, and not more than two heads in one barrel of pork, but no beefs heads or shanks shall at all be packed; and every barrel of rosin and turpentine shall be clean strained and merchantable, without chips, leaves, filth or dirt. Rosin and turpentine. ed 12 hours before killing. V. And forasmuch as the killing cattle immediately after their being Cattle for packoverheated by driving, often times occasions the beef to taint, Be it thereage to be penn-fore enacted by the authority aforesaid, That in case any person whoever shall, within three months after the passing of this Act, kill any cattle to put in barrels for sale, without having first penned them twelve hours before the killing them, every such person shall forfeit the sum of three pounds current money, for every head of cattle so killed contrary to the directions of this Act, to the person who will inform and sue for the same, to be recovered before any justice of the peace, in such manner as is directed by the Act for the tryal of small and mean causes. VI. And be it further enacted by the authority aforesaid, That no Barrels of tar merchant, factor, trader or other person, shall ship or put on board any ship and turpentine or vessel for exportation from this Province, any tar or turpentine before to be marked by a public the same be marked by some public packer, who shall be appointed for packer. that purpose as by this Act is hereinafter directed, and if any person shall offend herein, he shall forfeit the sum of twenty shillings current money, for each cask or barrel so shipped for exportation before the same be marked as aforesaid, to be sued for and recovered before any justice of the peace of this Province, in such manner as is provided by the Act for the tryal of small and mean causes, and the said forfeiture shall go to the informer. The packer may open suspected casks and barrels. At the risk of the person re quiring it to be opened. VII. And be it further enacted by the authority aforesaid, That in case any public packer shall suspect any barrel or barrels of tar or turpentine before he marks the same, to be fraudulent and deceitful, he shall acquaint the person treating for the purchase of the same, of such his suspicion, and shall be obliged to open and examine any such suspected cask or casks, barrel or barrels; and if the same shall appear to be fraudulently and deceitfully packed and exposed to sale, the same shall be forfeited, and sold by the treasurer to such persons as will expend and use the same within this Province, and applied to the same uses as is hereinbefore directed in the case of rice. VIII. And be it further enacted by the authority aforesaid, That if any fraud or abuse shall be suspected in any barrel or barrels of pitch or rosin which shall be brought to market or exposed to sale, the person who shall treat for the purchase of such pitch or rosin, shall be at liberty to cut open as many barrels of the same as he shall think proper, which shall be liable to be viewed, judged and forfeited, as is hereinbefore directed in the case of rice, and where any pitch or rosin shall be condemned as fraudulent by the person or persons empowered (as is hereinbefore directed with respect to rice) to view and judge the same, all such condemned pitch and rosin shall be forfeited, and sold by the treasurer, and applied to such uses as is before directed in the case of rice: Provided always, that where any pitch or rosin shall be ordered to be cut open as aforesaid, without the consent of the owner or person offering or exposing the same to sale, the same shall be done at the risque of the person who |