A.D. 1805. AN ACT TO AUTHORIZE ELIHU HALL BAY, ONE OF THE ASSOCIATE No. 1849. JUSTICES OF THE STATE, TO LEAVE THE SAME FOR TWELVE MONTHS. WHEREAS, Elihu Hall Bay, Esq., hath petitioned the legislature for permission to leave the State for twelve months. And whereas, it is uncertain when the said Elihu Hall Bay may depart therefrom: I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said Elihu Hall Bay be, and he is hereby, authorized to leave the State for the term of twelve months, to be calculated from the time of his departure. In the Senate House, the fourteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. AN ACT TO AUTHORIZE THE DRAWING OF JURIES FOR WILLIAMSBURGH No. 1850. circuit are to I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of At what times the same, That the courts in the southern circuit shall sit at the following the courts in times, at the places now by law established, that is to say: at Orange- the southern burgh, for Orangeburgh district, on the second Monday in March and Ŏc- sit. tober in every year; for Barnwell district, on the third Monday in March and October in every year; for Edgefield, on the fourth Monday in March and October in every year; for Newberry, on the first Monday after the fourth Monday in March and October in every year; at Granby, for Lexington, on the second Monday after the fourth Monday in March and October in every year. Court of Wil II. Be it enacted by the authority aforesaid, That the court of Wilhamsburgh district shall be holden in future at Williamsburgh court house, liamsburgh to on the twenty-first days of March and October in every year, and shall be holden at Williamsburgh continue to sit for any time not exceeding five days; and that the court of court house. Horry district shall in future be held at the court house, in the district of Horry, on the twenty seventh days of March and October in every year; and shall continue to sit for any time not exceeding four days. III. Be it enacted by the authority aforesaid, That the sheriff who shall be elected for Lexington district, and the sheriff who shall be elected Sheriffs to for Williamsburgh district, be, and they are hereby, authorized and remake jury lists. quired immediately after they shall be elected and commissioned, to make a jury list from the tax return of their respective districts of the preceding VOL. V.-63. A. D. 1805. Sheriffs, clerks ed. year, agreeably to law; and the said sheriffs respectively, and the respective clerks who shall be appointed and commissioued for the said districts of Lexington and Williamsburgh, shall forthwith draw from the said jury list, jurors to serve at the courts of common pleas and general sessions to be holden in and for the said districts of Lexington and Williamsburgh, at the times and places herein before appointed, in like manner as jurors are now drawn to serve in the courts of common pleas and general sessions in this State. IV. And be it enacted by the authority aforesaid, That the sheriffs, and coroners to clerks and coroners in and for the said districts of Lexington and Williambe commission burgh, shall be appointed and commissioned in the same manner as those officers have hitherto been appointed in the other districts of this State. V. And be it enacted by the authority aforesaid, That the office of ordinary and register of mense conveyances shall be, and is hereby, vested in the clerk of the courts of common pleas and general sessions of the said district of Lexington. Clerk of Lexington to be or. dinary and register. Clerk of Wil VI. And be it enacted by the authority aforesaid, That the office of reliamsburgh to gister of mesne conveyances shall be, and is hereby, vested in the clerk of be register of the said courts of common pleas and general sessions of the said district of mesne convey- Williamsburgh. ances. writs of venire facias. VII. And be it enacted by the authority aforesaid, That the clerks of the said courts of Lexington and Williamsburgh be, and they are hereby, auClerks to issue thorized and required to issue a writ of venire facias, directed to their respective sheriffs, who shall summon the jurors so drawn as aforesaid, to appear and serve at the said courts; and that all jurors so summoned and failing to attend agreeably to such summons, shall be, and they are hereby declared to be, subject to the penalties prescribed by law against defaulters in like cases. be determined. VIII. And be it enacted by the authority aforesaid, That all suits and Suits depend- prosecutions depending in the courts of common pleas and general sesing in said dis- sions at Orangeburgh, wherein the defendants reside in the district of Lextricts, where to ington, shall be removed to the courts of the said district of Lexington, and be there finally determined; and that all suits and prosecutions depending in the courts of common pleas and general sessions at Georgetown, wherein the defendants reside in the district of Williamsburgh, shall be removed to the courts of the said district of Williamsburgh, and be there finally determined; and that all recognizances entered into for the appearance of any person or persons at Orangeburgh, in cases which shall be transferred to Lexington, and all recognizances which shall be entered into for the appearance of any person or persons at Georgetown, in cases which shall be transferred to Williamsburgh, shall be continued and be binding on the parties for their appearance at the sitting of the said courts of Lexington and Williamsburgh respectively. IX. And be it enacted by the authority aforesaid, That Theodore GourCommissioners din, James Campbell and John Nessmith, Esquires, be, and they are to take bond hereby appointed, commissioners for the purpose of taking bond and secuand security rity from the clerk and sheriff appointed and elected for the said district clerks and she. of Williamsburgh; and that John James Haig, Alexander Bell, Joseph from the said riffs. Culpepper, Hargrove Arthur and Jacob Seibels, be, and they are hereby appointed, commissioners for the purpose of taking bond and security from the clerk and sheriff who may be appointed and elected for the said district of Lexington. X. And be it enacted by the authority aforesaid, That it shall be the duty Attorney general to attend the of the attorney general to attend the said courts of Williamburgh district courts at Wil- respectively, and there prosecute all actions and indictments which may be liamsburgh. necessary within the limits of the said district. such courts. XI. And be it enacted by the authority aforesaid, That all jurors drawn A. D. 1805. for the next succeeding courts, (where the time for holding such courts has been altered by this Act,) and all persons bound in recognizance for their Jurors and perappearances at such courts, shall be bound to appear and serve at such sons bound in recognizance, time and place as is fixed by this Act for the respective holding of such shall be bound courts; and that all writs and processes issued from and out of the said to appear at courts, and returnable thereto on the day heretofore appointed for the return of the same, shall be returnable to the said courts respectively, fifteen days next before their respective times of sitting as appointed by this Act. XII. Whereas, some doubts exist as to the propriety and legality of making out the jury list at the last sitting of the court of common pleas Jurors drawn and general sessions of the peace at Orangeburgh, in and for the district at Orangeburgh declared of Orangeburgh; Be it therefore enacted by the authority aforesaid, That lawful. the jurors drawn from the said lists are hereby declared to all intents and purposes lawful juries, to sit, try and determine all suits and indictments, depending and to be tried in the said courts, for the said district, at the next spring circuit, and that no challenge either to the array, the pannel or poll, shall be admitted against such juries on account of their having been drawn from such lists; any act, matter, clause, usage, or custom, or law, to the contrary thereof, in any wise notwithstanding. In the Senate House, the fourteenth day of December, in the year of our Lord one thou sand eight hundred and five, and in the thirtieth year of the Sovereignty and Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. AN ACT to fix the rates of storage of Cotton in Charleston. (Passed December 19, 1805. See last volume.) No. 1851. AN ACT to repeal an Ordinance of the City Council of Charleston No. 1852. (Passed December 19, 1805. See last volume.) AN ACT TO ENABLE JUSTICES OF THE PEACE AND OF THE QUORUM TO No. 1853. COMPEL THE ATTENDANCE OF WITNESSES BEFORE THEM, IN THE TRIAL OF CAUSES SMALL AND MEAN. I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That it shall and may be lawful to and for any justice of the A. D. 1805. Justices may summon wit nesses. Summons to be obeyed, on penalty. peace and quorum of this State, to issue a summons, directed to any person or persons whose testimony may be necessary for the investigation of any cause which shall be depending before him or them; which said summons shall be signed by the justice or justices who shall issue the same. II. And be it enacted by the authority aforesaid, That all constables are hereby authorized and required duly to execute all summonses and other precepts whatsoever, to them or either of them directed, by any justice or justices of this State; and every person who shall, at any time or times hereafter, be duly summoned to attend and give evidence before any of the justices, relative to matters cognizable by justices of this State, and shall refuse and neglect so to do, such person shall be subject to the same penalties, and liable to be proceeded against in the same manner, by process from such justice or justices, signed as aforesaid, as if such person had refused to give evidence when thereunto required lawfully in any district court of this State. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America. ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. No. 1854. AN ACT for the incorporation of Georgetown. No. 1855. AN ACT TO INCREASE THE COMPENSATION ALLOWED TO SHERIFFS PY LAW, FOR THE CUSTODY AND DIETING OF THEIR PRISONERS. WHEREAS, by the increased price of provisions throughout the State, the fees now allowed by law to sheriffs for the detention and maintenance of prisoners committed to their custody, have become insufficient: 1. Be it therefore enacted, by the Senate and House of Representatives, now met and sittingin General Assembly, and by the authority of the same, That for each prisoner confined and dieted in any gaol of this State, thirty-seven and a half cents per diem be allowed to the sheriff who shall have charge thereof, in lieu of all other claims on the part of said sheriff, for such detention and provision. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America ROBERT BARNWELL, President of the Senate. JOSEPH ALSTON, Speaker of the House of Representatives. A. D. 1805. AN ACT TO CEDE TO THE UNITED STATES VARIOUS FORTS AND FOR- No. 1856. TIFICATIONS, AND SITES FOR THE ERECTION OF FORTS. 1. Be it enacted, by the honorable the Senate and House of Representa- Forts, fortificatives, now met and sitting in General Assembly, and by the authority of tious, and sites the same, That there shall be, and hereby is, granted to the United States for the erection of forts, granted of America, all the right, title and claim of this State to the following to the United forts, fortifications, and sites for the erection of forts, in manner following: States. All the lands reserved for fort Moultrie on Sullivan's island; provided, the same shall not exceed five acres, with all the forts, fortifications and buildings thereon, together with the canal leading from the cove on the back of the fort, nearly up to the same, as delineated on the plan of Charleston harbour by Col. Senf, and is in the secretary of state's office at Columbia. The high lands and part of the marsh belonging to fort Johnston, as delineated on the said plan of Charleston harbour; provided, the same shall not exceed twenty acres, including the present site of fort Johnston. The land on which fort Pinckney is built, and three acres around the same. A portion of the sand bank marked C, on the south easternmost point of Charleston, as delineated on the said plan of Charleston harbour, not exceeding two acres. A quantity of land not exceeding four acres, for a battery or fort, and necessary buildings, on Dr. Blythe's point of land at the mouth of Sampit river. The small island in Beaufort river, called Mustard island, opposite Paris's island, and a tract of land on St. Helena island, opposite the same, not exceeding seven acres of land, as being a commanding ground suitable for a principal fort. sites. II. And be it further enacted by the authority aforesaid, That the following persons, viz: Col. Thomas Grayson, Captain John Jenkins and Wil- Commissioners liam Elliott, Brigadier General Read, the Intendant of Charleston for the appointed to time being, Col. Daniel Stevens, Joseph Alston, Brigadier General Con- locate the said way, and Major Savage Smith, or any two of them, be, and they are hereby appointed, commissioners, and authorized to locate, by proper metes and bounds, at the expense of this State, so far as the charges of surveyors shall be incurred, all or any the above mentioned sites; and who shall return into the office of the Secretary of this State, on or before the first day of January, in the year of our Lord one thousand eight hundred and seven, fair plats of survey, and accurate descriptions of the said lands, forts, fortifications and sites, so ceded, setting forth the limits and bounds of the same. said fortifica III. And be it further enacted by the authority aforesaid, That if the United States shall not, within three years from the passing of this Act, and United States notification thereof by the Governor of this State to the executive of the to repair the United States, repair the fortifications now existing thereon, or build such tions within other forts or fortifications as may be deemed most expedient by the exe- three years. cutive of the United States on the same, and keep a garrison or garrisons therein; in such case this grant or cession shall be void and of no effect. IV. And be it further enacted, That all process, civil or criminal, issued under the authority of this State or any officer thereof, shall and Process, civil served and executed on any part of lands and sites, forts and fortifications, or criminal, so ceded by this Act, and on any person or persons there being and impli- may be served cated in matters of law: Provided always, that the lands, sites, forts and lands so ceded. fortifications so ceded, shall forever be exempt from any tax to be paid to may be on any part of |