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TIT.12.

ers heretofore vested in them, and shall deliver over to the said town council all such records and other property as have or shall come into their possession by virtue of the aforesaid A. A. 1805. offices respectively, and from thenceforth there shall be no future elections of the commissioners of the streets and markets of said town, except agreeably to the provisions of this act. 36. And be it further enacted, That the number of wards Number of may be increased whenever it shall be found necessary, or wards may be increased. the legislature direct the same.

37. And be it further enacted, That this act shall be a pub- This act a lic act, and if any person or persons shall be sued for any public act. thing done by virtue of this act, he or they may plead the general issue, and give this act and the special matter in evi

dence.

summon wit. nesses &c.

38. Be it enacted, That it shall and may be lawful for the A. A. 1806. town council of Georgetown to issue a summons, directed to Town council any person or persons, being within the limits of Georgetown, empowered to whose testimony may be necessary to carry into effect any of the ordinances of the said town council, which said summons, shall be signed by the intendant of the said town, or any one of the wardens, who may preside in his absence.

39. And be it further enacted, That the constables of the Town constasaid town are hereby authorized and required duly to exe- bles to execute all summonses and other precepts whatsoever, to them or cute precepts. either of them directed by the town council, aforesaid; and any person who shall at any time or times hereafter, be duly summoned to attend and give evidence before the said town council, and shall neglect and refuse so to do, such persons shall be subject to the same penalties, and liable to be proceeded against in the same manner, by process from the said town council, signed as aforesaid, as if such person had refused to give evidence when thereunto lawfully required in any district court of this state.

street for the

40. And be it further enacted, That the town council of Town council Georgetown are hereby authorized and empowered to convey to convey a for the use of the gaol of the said town, so much of the street part of the on which the said gaol is bounded, as they shall deem suffi- use of the cient to enlarge the yard thereof. [See Contagious Distem- gaol. pers, Vol. 1.-Country Produce and Manufactures, § 154, Vol. 3.-Arsenals, Vol 1.]

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TIT. 13.

A. A. 1784.

The Lutheran

the Presbyterian church of

Wilton-the

tee, and Con

gregational church of Bullock's creek,

TITLE 13.

Incorporated Societies.

1. WHEREAS, by the constitution of this state, passed the nineteenth day of March, one thousand seven hundred and ninety-eight, it was declared, that all denominations of Christian Protestants should enjoy equal religious and civil privileges, and that whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian Protestant religion, and agreeing to unite themselves in a society for the purpose of religious worship, they should (on complying with the terms therein after mentioned) be constituted a church, and to be esteemed and regarded in law, as of the established religion of the state, and, on a petition to the legislature, should be entitled to be incorporated, and to enjoy equal privileges:

e;

2. And whereas the several societies of Christians, who call and Presbyte themselves by the name of the Lutheran Church of German rian churches Protestants.; the Presbyterian Church of the city of Charlesof Charleston ton; the Presbyterian Church on Edisto island; the Presbyterian Church at Wilton in St. Paul's parish; the Baptist Church on the high hills of Santee; and the Presbyterian Edisto-the Congregational Church on Bullock's creek, in Camden disPresbyterian trict; have petitioned the legislature of this state, praying to church of be incorporated, and asserting they have complied with the Baptist terms required by the constitution, as preparatory thereto, church of San- and the allegations in the said petitions appearing to be true 3. Be it therefore enacted, by the honourable the senate and house of representatives, now met and sitting in general assembly, and by the authority of the same, That the several respective societies above mentioned, and the several persons who incorporated. Enacted, now are, or shall hereafter be members thereof respectively, that the seve- and the successors, officers and members of each of them, shall ral societies be, and they are hereby declared to be, severally, one body corporate, in deed, and in name, by the name of, and style of, the Lutheran Church of German Protestants; the Presbyterian Church of the city of Charleston; the Presbyterian Church one body cor- on Edisto island; the Presbyterian Church at Wilton, in St. porate, by the Paul's parish; the Baptist Church on the high hills of Sanname of, &c. tee; and the Presbyterian Congregational Church, on Bullock's creek, in Camden district; and by the said several names, shall each have a perpetual succession of officers and mon seal, &c. members, and a common seal, with power to change, alter, break, and make new the same, as often as they, the said corporations shall severally judge expedient.

before men. tioned, &c. shall be declared to be

And shall

have a com

Each of the

4. And each of the said corporations, and their several sucsaid corpora- cessors, shall be able and capable in law, to purchase, have, tions shall be hold, receive, enjoy, possess and retain, to them severally, capable in law and their successors, in perpetuity, or for any term of years, to purchase and retain any any estate or estates, lands, tenements or hereditaments, of

what kind or nature soever; and to sell, alien, exchange, de- TIT. 13. mise or lease the same, or any part thereof, as they shall think proper, and by each of their said names to sue and be sued, A. A. 1784. implead and be impleaded, answer and be answered unto, in estates real or any court of law or equity in this state, and to make such personal, and rules and by-laws, (not repugnant and contrary to the laws to sell the of the land) for the benefit and advantage of the said corpo- same again, rations severally, and for the order, rule, good government, May sue and and management of each corporation, and for the election of be sued, &c. ministers, and their maintenance out of any funds belonging and rules for Make by-laws to such respective societies, for erecting and reparation of their good churches, by each corporation, out of any of such funds, and ascertaining the rents which shall be paid by pew-holders, in such manner as shall be from time to time agreed upon by a majority of the members of each respective society.

government.

devises of

lands, &c.

5. And be it further enacted by the authority aforesaid, May take any That it shall and may be lawful for each corporation hereby charitable doerected, severally, to take and to hold, to them and their suc- nations and cessors for ever, any charitable donations or devises of lands and personal estates, and to appropriate the same for the benefit of each corporation, in such manner as may be determined by a majority of the members thereof, and to appoint and choose, and to displace, remove and supply such minis- Appoint or ters, officers, servants, and other persons to be employed in displace their the affairs of each corporation, and to appoint such salaries, ministers, &c. perquisites, or other rewards for their labour or service there

in, as each corporation shall from time to time approve of, and think fit.

6. And be it further enacted by the authority aforesaid,

possess, &c.

That each corporation as aforesaid, shall be, and each of them To hold such is hereby declared able and capable in law, to have, hold and other estates receive, enjoy, possess and retain all such other estates, real as they now and personal, money, goods, chattels and effects, which they now possess or are entitled unto, or which have been already given, devised or bequeathed to either of them, by whatever name such devise or bequest may have been made.

7. And be it further enacted by the authority aforesaid, This a public That this act shall be deemed and taken as a public act, and act. notice shall be taken thereof in all courts of justice, and elsewhere in this state, and shall be given in evidence on the trial of any issue or cause, without a special pleading.

and St. Mi

8. Whereas, the vestries and church wardens of the churches A. A. 1785. in the parishes of St. Philip, and St. Michael, called and Episcopal known by the name of the Church of England, have by their churches of joint petition to the general assembly, set forth, that since St. Philip's the passing of the constitution of this state, the support which chael's incorwas formerly provided by the legislature for the clergy, and porated. other officers of that church, is withdrawn; that many well disposed persons in the said parishes, have contributed divers sums of money towards establishing a fund for the maintenance of ministers, for the payment of the other officers, and the repairing of the said churches and parsonage houses; and that those good intentions may be more effectually carried into execution, if the vestries and church wardens of the

TIT. 13.

A. A. 1785.
The vestries

and wardens,
&c. shall be a
body corpo-

rate;

them.

said churches were under one body politic and corporate in in law, and vested with such power and authority as are herein after particularly mentioned:

9. Be it therefore enacted, That the present vestries and church wardens of the churches in the parishes of St. Philip, and St. Michael, and their successors for ever hereafter, shall be, and they are hereby declared to be, one body corporate and politic, in deed, and in name, by the name of "The Vestries and Church Wardens of the Episcopal Churches in the parishes of St. Philip and St. Michael, Charleston;" and by that name, shall from time to time, and at all times hereafter, have perpetual succession, and a common seal, and be capable in law to have, hold, receive, possess and enjoy all and may hold the lands, tenements and hereditaments, and the rents and the lands, &c. income thereof, which now are vested in the said vestries and vested in church wardens respectively, to them, and their successors in office; and to sell, alien, exchange, demise, or lease the same, or any part thereof, as they or a majority of them shall think convenient; and they, and their successors, shall be able and capable in law, to have, receive, possess and retain, all the monies and other personal estates; and all securities for the same, and the interest and proceeds thereof, which now are in the possession of the said joint vestries and church wardens; and also at their discretion to call in, and replace at interest the said monies, or any part thereof: Provided nevertheless, That in case any of the sums heretofore, or hereafter to be subscribed, by any person or persons whomsoever, or any gifts, devises, or bequests hereafter to be made, by any person or persons for the purposes aforesaid, shall be appropriated to any other use, or uses, than the payment of ministers of the said churches performing divine service therein; or of any other churches or chapels of the principles and tenets of the Church of England, that may hereafter be built within the city of Charleston, and for the payment of the salaries of the other officers of the said churches or chapels respectively; and the repairs of the said churches and chapels and parsonage houses; that then it shall and may be lawful for the persons so subscribing, giving, devising, or bequeathing as aforesaid, their heirs, executors, or administrators, to sue the said vestries and church wardens, or their successors in office, and recover back the said subscriptions, gifts, devises, or bequests, with the interest.

The said ves- 10. And be it further enacted, That the said vestries and tries and war- church wardens, and their successors in office, shall be able dens capable and capable in law, to purchase, receive, have, hold, and enof holding any joy to them, and their successors, in perpetuity, or for any in lands, &c. term of years, any estate in lands, tenements or heredita

other estate

Proviso.

ments, goods or chattels, of what nature or kind soever; and to sell, alien, exchange, demise, or lease the same, or any part thereof, as they, or their successors in office shall think convenient, for the benefit and advantage of the said vestries and church wardens, for the purposes aforesaid: Provided, always, That nothing herein contained, shall extend, or be construed to extend, to invalidate or make void the leases

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heretofore made by the vestry and wardens of St. Philip's parish, of the glebe lands of the said parish, or to deprive the

TIT. 13.

lessees of their said lands, their executors, administrators or A. A. 1785. assigns respectively, of their right to a renewal of their leases

on the terms therein mentioned.

11. And be it further enacted, That it shall and may be Clergymen

lawful for the said vestries and church wardens and their and other offisuccessors in office, or a majority of them, to appoint and cers to be ap국 choose proper clergymen, or ministers for the said churches, pointed by and all other necessary officers, and at their will and plea- and wardens. sure to displace, or remove and supply others in the room or

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stead of him, or them, so removed; and to appoint such sala

ries, perquisites, or other rewards, for their labour and service therein, as they shall from time to time approve and think fit.

the vestries

churches

12. And whereas, the rents arising from the glebe lands Present inabove mentioned, and the interest of the monies belonging to come of the the said churches, are at present inadequate to the expense inadequate to which must necessarily be incurred in providing for the sup; their support. port of ministers, and other officers of the said churches; and the repairs of the said churches and parsonage houses:

sufficient to

13. Be it therefore enacted, That until the rents of the said Until the relands, and the interest of monies belonging to the said venue of said churches, shall be sufficient to defray the expenses above- churches be mentioned, the said vestries and wardens, and their succes- defray expensors in office, shall be, and they are hereby authorized and ses pews may empowered, annually to rate and assess, each and every of be let.

the pews in the said churches, at such sum, or sums of money, as they, or a majority of them, shall think proper, and will be sufficient for the purposes aforesaid; regard being always had to the situation of the said pews; and if any person, or persons, shall at any time neglect or refuse to pay the sum, or sums of money, at which his, or her pew or pews, are rented, within one month after such assessment as aforesaid; that then it shall and may be lawful for the said vestries and wardens, or a majority of them, to let, and to hire the said pew, or pews, for any term not exceeding one year, to any person, or persons, who may be willing to hire the same.

14. And be it further enacted, That it shall and may be Vestries and lawful for the said vestries and church wardens, by the name wardens may of "The Vestries and Church Wardens of the Episcopal Church, sue and be of the parishes of St. Philip and St. Michael, Charleston," to sued.

sue and be sued, implead and be impleaded, answer and be answered unto, in any court of judicature in this state, in all actions, or suits, of what nature or kind soever, which to them shall in any wise belong or appertain in or about the premises.

The last

15. And be it further enacted, That the last clause of an clause of the act, entitled, "An act for laying out and establishing several act for laying new streets in the north-west part of Charleston, and for out new building a new parsonage house for the parish of St. Philip, streets in the Charleston, and for empowering the vestry and church wardens of the said parish for the time being, to lay out part of

N. W. of Charleston, and for build

.

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