STAGE SERVER

7 Stat. at Large of S.C. 417–19 (1840) (enacted 1740, re-enacted 1743)

Abstract
Required ever white male inhabitant liable for militia service to carry a gun or pair of horse pistols in good order and fit for service to church. Also required at least six charges of gun powder and ball. Violators liable for twenty shillings on each violation.
Summary
Required ever white male inhabitant liable for militia service to carry a gun or pair of horse pistols in good order and fit for service to church. Also required at least six charges of gun powder and ball. Violators liable for twenty shillings on each violation.
Law Text
WHEREAS, it is necessary to make some further provision for securing the inhabitants of this Province against the insurrections and other wicked attempts of negroes and other slaves within the same; we therefore humbly pray his most sacred Majesty that it may be enacted; I. And be it enacted by the honorable William Bull, Esq., Lieutenant Governor and Commander-in-Chief in and over his Majesty's 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 within three months from the time of passing this Act, every white male inhabitant of this Province, (except travellers and such persons as shall be above sixty years of age,) who, by the laws of this Province is or shall be liable to bear arms in the militia of this Province, either in times of alarm or at common musters, who shall, on any Sunday or Christmas day in the year, go and resort to any church or any other public place of divine worship within this Province, and shall not carry with him a gun or a pair of horse pistols, in good order and fit for service, with at least six charges of gun-powder and ball, and shall not carry the same into the church or other place of divine worship as aforesaid, every such person shall forfeit and pay the sum of twenty shillings, current money, for every neglect of the same, the one half thereof to the church-wardens of the respective parish in which the offence shall be committed, for the use of the poor of the said parish, and the other half to him or them who will inform for the same, to be recovered on oath, before any of his Majesty's justices of the peace within this Province, in the same way and manner that debts under twenty pounds are directed to be recovered by the Act for the trial of small and mean causes. II. Provided, and be it further enacted, That nothing hereinbefore contained shall be construed to extend to persons living within the parish of St. Philip's, Charlestown; but in lieu thereof, the whole watch of Charlestown, aforesaid, shall be obliged to perform watch and ward under arms, during divine service, in the same manner as a part only of the said watch are now by law enjoined to do, and for which a pay or additional allowance of ten pounds per annum shall be given to every man of the said watch, to be paid by an assessment on the inhabitants of Charlestown, according to the method already laid down for the payment of the said watch. III. And to the intent that this Act may be more duly carried into execution, by which the inhabitants of this Province may be the better secured and provided against the insurrections and other wicked attempts of negroes and other slaves, Be it further enacted by the authority aforesaid, That the church-warden and church-wardens of each respective parish, and the deacon or deacons, and elder or elders, or either of them, resorting to other places of public worship in this Province, (excepting the places of public worship within the parish of St. Philip's, Charlestown,) who shall be at any such church, or other place of public worship, as aforesaid, where any person liable to bear arms, as aforesaid, shall come and resort without his gun or pair of horse pistols and ammunition, as aforesaid, and such church-warden or church-wardens, deacon or deacons, elder or elders, who shall wilfully neglect, after having notice of the offence, to inform against such person so offending against this Act, in order to recover the penalty, as aforesaid, every such church-warden or church-wardens, deacon or deacons, elder or elders, who shall happen to be at such church or other place of divine worship as aforesaid, when such offence against this Act shall be committed, and who shall wilfully neglect, after having notice of the offence, to inform as aforesaid, within twenty days next after such offence committed, shall forfeit and pay, for every such neglect, to any person who will inform for the same within five days next after the expiration of the said twenty days, the sum of twenty shillings, current money of the Province aforesaid, for every person so offending as aforesaid, to be recovered as aforesaid. IV. And be it further enacted by the authority aforesaid, That in case any person or persons, as aforesaid, liable to bear arms, as aforesaid, being at such church or other place of divine worship, as aforesaid, who shall refuse or neglect, on demand of the said church-warden or church-wardens, deacon or deacons, elder or elders, respectively, (or in case none such shall be present, then on demand of any commissioned officer of the militia in this Province,) to produce and shew his gun or pair of horse pistols and ammunition, required so to be brought with such person and persons, as aforesaid, to the intent it may be known whether the same are fit for immediate use and service, every such person refusing or neglecting to produce and shew the same, shall, for every such offence, forfeit and pay the sum of twenty shillings, current money, to be recovered, paid and applied in the same way and manner, and to the same uses, as the first forfeiture in this Act mentioned is directed to be recovered, paid and applied.

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Categories

REQUIRED POSSESSION

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Date

1740

Jurisdiction

South Carolina

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