An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1Hewatt, Alexander
History
An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 1
Hewatt, Alexander
Georgia -- History -- Colonial period, ca. 1600-1775; South Carolina -- History -- Colonial period, ca. 1600-1775
XLIV. The high-steward's court, consisting of a proprietor and his six
counsellors, called comptrollers, shall have the care of all foreign and
domestic trade, manufactures, public buildings, work-houses, high-ways,
passages by water above the flood of the tide, drains, sewers, and banks
against inundations, bridges, post, carriers, fairs, markets, corruption
or infection of the common air or water, and all things in order to the
public commerce and health; also setting out and surveying of lands; and
also setting out and appointing places for towns to be built on in the
precincts, and the prescribing and determining the figure and bigness of
the said towns, according to such models as the said court shall order;
contrary or differing from which models it shall not be lawful for any
one to build in any town. This court shall have power also to make any
public building, or any new highway, or enlarge any old high-way, upon
any man's land whatsoever; as also to make cuts, channels, banks, locks,
and bridges, for making rivers navigable, or for draining fens, or any
other public use. The damage the owner of such lands (on or through which
any such public things shall be made) shall receive thereby, shall be
valued, and satisfaction made by such ways as the grand council shall
appoint. The twelve assistants, belonging to this court, shall be called
surveyors.
XLV. The chamberlain's court, consisting of a proprietor and his six
counsellors, called vice-chamberlains, shall have the care of all
ceremonies, precedency, heraldry, reception of public messengers,
pedigrees, the registry of all births, burials, and marriages,
legitimation, and all cases concerning matrimony, or arising from it; and
shall also have power to regulate all fashions, habits, badges, games and
sports. To this court also it shall belong to convocate the grand
council. The twelve assistants, belonging to this court, shall be called
provosts.
XLVI. All causes belonging to, or under the jurisdiction of, any of the
proprietors courts, shall in them respectively be tried, and ultimately
determined, without any farther appeal.
XLVII. The proprietors courts shall have a power to mitigate all fines,
and suspend all executions in criminal causes, either before or after
sentence, in any of the other inferior courts respectively.
XLVIII. In all debates, hearings, or trials, in any of the proprietor's
courts, the twelve assistants belonging to the said courts respectively,
shall have liberty to be present, but shall not interpose, unless their
opinions be required, nor have any vote at all; but their business shall
be, by the direction of the respective courts, to prepare such business
as shall be committed to them; as also to bear such offices, and dispatch
such affairs, either where the court is kept or elsewhere as the court
shall think fit.
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