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An alphabetical digest of the public statute law of South-Carolina, Volume 1 By Joseph Brevard, South Carolina

Be it therefore enacted, That the said light TtT. 34. house with the lands and tenements thereunto helonging or ap- s^rN"w pertaining, together with the jurisdiction of the same, as far as A. A. 1791. {he same shall be incident and essential for the erection of forts, P- L. 502. magazines, arsenals, dock-yards and other needful buildings, andthe appointment of officers, and general regulation of trie said light house, forts, magazines, arsenals and dock-yards, from and after passing this act, shall be, and is hereby ceded to, vested in, and assured unto the United States absolutely, and as of their demesne in fee simple, in as full, ample aiid *ftectual manner as the premises could be granted, alienated, transferred, conveyed, and confirmed by any deed or devise in due form of law; upon the special proviso and condition, nevertheless, that the said United States shall sufficiently support, maintain and keep in good repair, and rebuild when necessary, the said light house from time to time, and at all times hereafter and shall also erect or cause to be erected, proper leading marks to, and for, or as appending to the Said light house, and cause buoys to be stationed in fit places for the lurther and better facilitating and securing the navigation ; and that all expenses which may have accrued since the said 15th day of August aforesaid, or which shall accrue in, for and about the said light house or the leading marks, and buoys above mentioned, shall be defrayed out of.the treasury of the United States. [See Title 1G8, United States^—*!. A. 1795. Cession of land on JVorth Island.]

2. Be it enacted, That there shall be, and hereby is granted A. A. 1805 to the United States of America, all the right, title and claim cf this state, to the following forts, fortifications, and sites for the erection of forts, in manner following :

All the lands reserved for fort Moultrie on Sullivan's isl- Ports, fortifisnd, provided the same shall not exceed five acres, with all the cations, and forts, fortifications and buildings thereon, together with the Sltes for ^e canal leading fr.om the cove on the back of the fort, nearly up fOTts —„^ to the same, as delineated on the plan of Charleston harbour to the United by col. Senf, and is in the secretary of states office at Columbia. States:

The high lands and part of the marsh belonging to fort Johnson, as delineated on the said plan of Charleston harbour; provided the same shall not exceed twenty acres, including the present site of fort Johnson.

The land on which fort Piackney 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 l)r. 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 isl

* Vid. post A. A. 1808, altering and amending this clause, &e

T£T. 34. and opposite the same, not exceeding seven acres of land, ai *>^v>^; being a commanding ground suitable for a principal fort. Commission- 3. And be it further enacted, That the following persons, ers appointed viz. col. Thomas Grayson, captain John Jenkins and William to locate the Elliott, brigadier-general Read, the intendant of Charleston tfaid sites. fQr tne tjme Demo;? colonel Daniel Stevens, Joseph Alston, brigadier-general Conway, 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. United States 4. And be it further enacted, That if the United States shall to repair said not within three years from the passing of this act, and notififortifications cation thereof by the governor of this state to the executive of within three the United States, repair the fortifications now existing therey^ars. on^ or dujj(j gucn 0tjier forts or fortifications as may be deemed

most expedient by the executive 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. Process, civil 5. And be it further enacted, That all process, civil or crior criminal, minal, issued under the authority of this state or any officer maybe served thereof, shall and maybe served and executed on any part . on any part of 0f lands and sites, forts and fortifications, so ceded by this ded * B° Ce" ac^ ant^ on an7 Person or persons there being and implicated in matters of law :

6. Provided always, That the lands, sites, forts and fortifications, so ceded, shall for ever be exempt from any tax to be paid to this state :

7. And provided also, The United States shall, before possession he taken of the said sites so to be laid out by the above commissioners, some of which are private property, give and pay due compensation to the owners and proprietors of the same.

A. A. 1808. 8. Whereas, by an act passed the nineteenth day of De

cember, one thousand eight hundred and five, entitled, an act to cede to the United States various forts, fortifications, and sites for the erection of forts,* it is enacted, that a quantity of land, not exceeding four acres, for a battery or fort, and necessary buildings, on doctor Blythe's point of land, at the mouth of Sampit river, shall be ceded to the United States : Aiul whereas, it is necessary to cede a greater quantity of land for the purposes aforesaid :

9. Be it therefore enacted, That there shall be, and hereby is granted to the United States of America, all the right, title and claim of this state to a quantity of land not exceeding six

Vide supra, A. A. 1805.

teres, on doctor Blythe's point of land at the mouth of Sam- TIT. 34. pit river, adjoining and in addition to the quantity of land v-^~^s»/ not exceeding four acres, by the act aforesaid granted to the United States, for a battery or fort and necessary buildings.

10. And be it enacted, That Joseph Alston, Savage Smith, Benjamin Huger, John Keith and Paul Trapier, or any three of them, be, and they are hereby appointed commissioners, and authorized to locate by proper inetes and bounds, at the expense of this state, so far as the charges of surveyors shall be incurred, the above mentioned quantity of land; and who shall return into the office of the secretary of this state, on or before the first day of June, in the year one thousand eight hundred and nine, a fair plat of survey and accurate description of the said land so ceded, setting forth the limits and bounds of the same.

11. And be itfurtlier enacted, That all the provisions, restrictions and clauses contained in the aforesaid act, applicable and relative to the quantity of land not exceeding four acres of land on doctor Blythe's point of land at the mouth of Sampit river, thereby ceded to the United States, shall be, and the same are hereby declared to be applicable and relative to the quantity of land not exceeding six acres, by this act ceded and granted to the United States.

12. And be it enacted, That five acres of the public lands near the town of Beaufort, including the site of Fort Lyttlcton, be ceded to the United States for the purpose of erecting a fort, and that colonel Colcock, Stephen Elliott, and Samuel Lawrence, be commissioners to locate the same; and that the said commissioners be, and are hereby vested with the powers, and are required to perform the duties prescribed by the preceding clause of this act. [See Title 27, Boundaries of the State.—Title 168, United States.!

13. fVhereas, Christopher Williman and William Holmes A. A. 1814. are desirous of conveying to the United States in fee simple, Dec. Sess. all their right, title, and interest in certain lots or tracts of

land in Charleston, whereon Fort Mechanic is erected, upon such terras and conditions as may be agreed upon between the parties to the same.

Be it therefore enacted, That so soon as the said lots or Fort Median tracts of land, whereon Fort Mechanic is erected, and such ic>'" Chartedother lots and parcels of land as may be considered necessary t0!1* *'"'cc:" to that establishment, shall have been conveyed by the said cedetMo'tiitChristopher Williman and William Holmes to the United united Static. States, complete and ample jurisdiction, in and over the same, for all purposes necessary to the maintenance of a military post, is hereby declared to be ceded to the United States.

14. Provided however, That nothing in this cession, shall Proviso, be construed to prevent any process, civil or criminal, issuing

from any of the courts of this state, or any other competent authority from being served or executed within the limits ot the said lots or tracts of land, so to be conveyed by the said Christopher Williman and William Holmes, to tlie United States : And provided also, that nothing contained in this act 'Snail be so construed as to impair the rights and privileges

TIT. 34. vested In the city council of Charleston, under their charted of incorporation, who are hereby also authorized and empowered to relinquish their right of jurisdiction in and over the land aforesaid.

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