38. Be it enacted, That the intendant and wardens of the TIT. 3. town of Beaufort be, and they are hereby authorized to lay out, or cause to be laid out, such and so many streets on A. A. 1811. Black's Point, lately incorporated with the said town, as they, The intendor a majority of them, may deem proper. ant and war dens empow 39. And be it further enacted, That the damage sustained ered to lay by any proprietor of a lot or lots, through which any of the said out streets, streets may be so laid out, shall be ascertained in the follow- &c. ing manner: Two commissioners shall, in each case, be appointed by the said intendant and wardens, and two by the proprietor of any lot or lots through which any of the said streets may be run, and in case any such proprietor shall refuse to appoint such commissioners on his or her part, the said intendant and wardens may appoint two for him or her, and the said four commissioners shall appoint a fifth commissioner, and the said five commissioners, or a majority of them, shall appraise on oath, the damage sustained by such proprietor or proprietors; which said appraisement shall be returned, under their hands and seals, to the intendant and wardens aforesaid; and all streets laid out as aforesaid, upon Black's Point, shall, upon the payment of the sums of money assessed by the commissioners aforesaid, to all the proprietors of said lots, agreeably to the said assessments or appraisements, be possessed by, and vested in the intendant and wardens of Beaufort, and their successors in office, for ever. 40. And be it further enacted, That the intendant and wardens of Beaufort shall be authorized to name the said streets so laid out, and the said streets shall for ever continue to be kept open as public high ways. 41. And be it further enacted, That the intendant and war- And to levy a dens of Beaufort shall be, and they are hereby authorized and tax. empowered to assess a tax, and collect the same, upon all the lots upon Black's Point, proportionably to a valuation of all the said lots, to be made by the clerk of the town council of Beaufort, upon oath, and returned under his hand and seal, to the town council, sufficient to defray one half of the damages assessed by the aforesaid commissioners, on all the aforesaid lots; and in case the said taxes are not paid within one month after such taxes are imposed by the said intendant and wardens, then the sheriff of the town of Beaufort shall issue executions against all defaulters, after having given thirty days public notice thereof, and shall proceed to levy the same, and sell the property of the defaulters so levied upon, on giving thirty days public notice, subsequent to the said levy, of the said sale: Provided nevertheless, That any landholder, or landholders on said Black's Point, who may consider him, her or themselves aggrieved by any act of the town council, herein specified, shall have no claim on the state for any loss which he, she or they may sustain therefrom. 42. And be it further enacted, That all acts or parts of acts, contrary to this act, be, and the same are hereby repealed. VOL. III. D 26 TIT. 4. A. A. 1791. 1 Faust 145. Incorporated as a town. Name. Corporate officers, to be elected, and by whom. 1 Faust 146. Managers to be appointed by intendant. Oath to be taken. Vacancies TITLE 4. Camden. 1. WHEREAS the inhabitants of Camden, by their petition to the general assembly, have represented that great convenience and advantage would arise to them by incorporating the said town, as thereby they would be enabled to institute and carry fully into effect many salutary and beneficial regulations for the preservation of good order, and for the support of many charitable and useful institutions within the same: 2. Be it therefore enacted, That from and immediately after the passing of this act, all persons, citizens of the United States, and residing one year within the said town, or having a freehold for that term within the same, shall be deemed, and they are hereby declared to be a body politic and corporate, and Camden hereafter be deemed a town corporate, and is hereby declared to be, and shall be called and known by the name of the Town of Camden. 3. And be it further enacted, That on the first Monday in April next, and on the first Monday in April in every year hereafter, an election by ballot for an intendant and four wardens, shall be held at some convenient and public place in Camden; and that all free white inhabitants of the said town, who shall have paid a tax the preceding year of one dollar, towards the support of the government of this state, shall be entitled to ballot for the said intendant and wardens; and when the poll shall be closed, the managers of the election shall proclaim the said election, and give notice in writing to the persons elected, of their appointment; and Zachariah Cantey and William Lang, shall be, and they are hereby appointed managers of the ensuing election, and the intendant for the time being, shall appoint proper persons as managers of the elections to be held afterwards; and when the said intendant and wardens shall be elected as aforesaid, and before entering upon his or their office, he or they shall respectively take the oaths prescribed by the constitution of this state, and the following oath: "As intendant (or warden) of the Town of Camden, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavours to carry into effect the purposes for which I have been appointed. So help me God." 4. And be it further enacted, That in case of the death of how supplied. the intendant, his resignation, removal from office, or absence from the state, the wardens shall thereupon appoint a time for choosing another, and give ten days public notice of the same: and in case of vacancy in any of the wards, by death or otherwise, the intendant shall issue a summons to the ward for filling up such vacancy, giving five days notice of the same; and in case the intendant or any of the wardens, whilst in office, shall be guilty of any wilful neglect, mal-practices or TIT, 4. abuses, on information being filed of the same in the court of general sessions, and conviction thereof, he shall forfeit and pay a sum not exceeding fifty pounds sterling, for every such A. A. 1791. wilful neglect, mal-practice or abuse; the money to be reco- Feb. Sess. vered by the solicitor-general for the northern circuit, and 1 Faust 146. lodged with the clerk of the county of Kershaw, for the use Penalty for mal-practices. and benefit of the said town; and in case of the sickness, temporary absence, or other occasion of non-attendance of the intendant, the town council shall be empowered to elect one of the wardens to act in his room on any such occasion. wardens to meet, any two common seal, and possess in value. 5. And be it further enacted, That the said intendant shall Intendant and may, as often as occasion may require, summon the war- may summon dens to meet together, any two of whom, with the intendant, may constitute a quorum to do business; and they, with the of whom, with intendant, shall be known by the name of, and are hereby de- the intendant, clared to be the Town Council of Camden; and they, and to be a quotheir successors hereafter to be elected, may have a common rum. seal; and may purchase, have, hold, possess, receive, enjoy May have a and retain, to them and their successors, in perpetuity or for any term of years, any estate or estates, real or personal, of property not what nature or kind soever, not exceeding in value ten thou- exceeding ten sand pounds sterling; and may sell, alien, exchange or lease thousand the same, or any part thereof, as they may think proper; and pounds sterl, by the same name may sue or be sued, answer or be answered May sue and unto, implead or be impleaded, in any court of law or equity be sued; and within this state; and they shall also have full power to make may make byand establish all such rules, by-laws and ordinances, respect- laws. ing the streets, markets, buildings, carriages, waggons, carts, drays, and police of the said town, that shall appear to them requisite and necessary, for the security, welfare and convenience of the said town; or for preserving health, peace, 1 Faust 147. order and good government, within the same; and the said town council of Camden may affix fines for offences against May affix their by-laws, not exceeding twenty pounds for any one offence; which fines, when they exceed five pounds sterling, How recovermay be recovered in the county court of Kershaw,* and when ed and appli they are under the sum of five pounds, before the said intend- ed. ant and wardens, or any two of them:† all which fines, when fines. recovered, shall be applied to the use of the said town and Council may the said town council may assess a tax on the inhabitants of assess a tax. the said town, not exceeding one third part of the amount of the general tax, which is paid by such inhabitants for property being within the limits of said town. 6. Provided, That nothing herein contained shall authorize the said town council to make any by-laws inconsistent with or repugnant to the laws of the land. And provided also, That all the by-laws and ordinances they may make, shall at all times be subject to the revisal or repeal of the legislature. * See A. A. Feb, 1791, [1 Faust 51, 52]; and Title 107, Justices of Peace Also the act of 1801, abolishing county courts. † See Justices of Peace-their jurisdiction. TIT. 4. A. A. 1791. 7. And be it further enacted, That the said wardens shall each of them have full power and authority, and they are hereby required to keep peace and good order in their respective wards; to issue warrants, and cause all offenders against 1 Faust 147. law to be brought before them, and on examination, either to release, admit to bail, if the offence aforesaid be bailable, or commit to the custody of the sheriff of Camden district, or of Kershaw county, as the case may require, who is hereby required and commanded to receive and keep the person so committed in safe custody, until discharged by due course of law. Powers and authority of the wardens. Wardens to meet twice a month to hear causes. 1 Faust 149. In case of riot, intendant to summon the town council. Town council may commit delinquents to gaol. Empowered to have lot. teries. * 8. And the said wardens, or any two of them, shall, in rotation, meet twice every month, or oftener if occasion requires, at some convenient and public place in Camden, to hear and determine all small and mean causes, agreeably to the directions of the act of the general assembly, and all other matters of complaint arising within the said town; and the intendant and each and every of the said wardens for the time being, shall be vested with all the powers and authorities that justices of the peace are vested with by the laws of this state, and shall and may exercise the same in every part of the said town, for the preservation of the peace and good order thereof. 9. And be it further enacted, That in case of tumult or riot, or appearance or probability of tumult or riot, in the said town, the intendant shall immediately summon together the town council, and order the constables of the town to attend the town council, and such measures shall thereupon be taken as shall appear most adviseable for preventing or suppressing such riot or tumult; and if any town constable shall neglect or refuse to obey the order for attendance from the intendant, he shall forfeit a sum not exceeding five pounds sterling for every such offence; and any other inhabitant refusing to obey the orders of the intendant, for the purposes of suppressing any riot or tumult, he shall forfeit a sum not exceeding two pounds sterling for every such refusal. 10. And be it further enacted, That the said town council shall have full power and authority from time to time, to commit to close prison in the gaol of Kershaw county,† all such person and persons who shall incur any penalties and forfeitures intended to be inflicted by any of the by-laws of the said corporation, passed conformable to the powers vested in them by this act.t 11. And be it further enacted, That the said corporation shall be, and they are hereby fully authorized and empower *Which act of the general assembly? The act of February 1791, limits the jurisdiction of justices of peace to matters arising on conThe act respecting causes small and mean gave them jurisdiction in cases of trespass, trover, &c. tract. Kershaw district-See A. A. See State Constitution, Art. 9. TIT. 4. ed, from time to time, to erect and proceed to the drawing, and finally to conclude any lottery or lotteries that they may think necessary to establish for the use and benefit of the A. A. 1791. said town. Feb. Sess. This act a public act. 12. And be it further enacted, That this act shall be deem- 1 Faust 150. ed a public act; and if any person or persons shall be sued for any thing done by virtue of this act, he may plead the general issue, and give this act and the special matter in evidence. 13. Whereas the town council of Camden have, by their A. A. 1792. petition to the general assembly, represented that the inha- 1 Faust 233. bitants of Camden are subject and liable to a very considerable taxation for all the expenses of their corporation, which might be much lessened by having the power vested in them exclusively for granting licenses to retail spirituous and other liquors, and for keeping billiard tables within the limits of the said town of Camden, provided they were also authorized to apply the monies which they might receive for granting such licenses, to the benefit of the said town council of Camden: 14. Be it therefore enacted, That from and after the passing The town of this act, the said town council of Camden shall have and council excluexercise the sole and exclusive privilege of granting licenses sively authorized to grant for the retailing of spirituous and other liquors, and for keep- licenses to reing billiard tables within the limits of the said town of Cam- tail liquors, den. and keep bil town. censes. 15. And be it further enacted, That all and every person liard tables, and persons to whom licenses shall or may be granted by the said within the town council, for retailing wine, brandy, rum, gin, or any spirituous liquors or strong drink whatsoever, except whiskey, (which may be retailed in any quantity not less than one gallon without license,) in any quantity less than three gallons, 1 Faust 234. within the limits of the said town of Camden, shall pay for every such license the sum of thirty shillings, sterling money, Sums to be to the town council of Camden for the use of the said town taken for licouncil, and five shillings to the clerk for making out such license and the bond accompanying the same; and all and every person and persons to whom license shall or may be granted for keeping a billiard table within the limits of the said town of Camden, shall pay for every such license the sum of twenty pounds sterling money to the said town council of Camden, for the use of the said town council, and five shil- To be for the lings to the clerk for making out the license, and the bond accompanying the same; and every license which shall be granted by virtue of this act, shall continue and be of force for the term of one year and no longer. use of the town council. 16. Whereas, the intendant, wardens, and sundry other in- A. A. 1794. habitants of the town of Camden, have by their petition to 1 Faust 360. the legislature, set forth that, that part of the act, entitled, "An act to incorporate Camden," which requires the ward ens of the said town to meet twice in every month, is unnecessary: 17. Be it therefore enacted, That from and after the pass- When the ing of this act, the said wardens, or any two of them, shall, wardens of |