TIT. 5. A. A. 1784. poration: Be it therefore enacted, That the said court of wardens ought, and they are hereby fully authorized and empow ered from time to time to commit to close prison, all such person and persons who shall incur any penalties and forfeiThe court of tures intended to be inflicted by any of the by-laws of the said corporation, passed conformable to the powers vested in them by the said act of incorporation. [See A. A. 1798; by which the court of wardens was abolished.] wardens au thorized to commit for penalties, &c. The corpora tion authorized to draw lotteries. Powers of the city council relative to bread. Fortifications on wharves. A. A. 1785. City council continue East Bay-street. P. L. 398-9. All acts concerning the police and in ternal government of the city repealed. In case of sickness, &c. of the intendant, one of the war 29. The said corporation shall be, and they are hereby fully authorized and empowered 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 city of Charleston. SO. The city council of Charleston be, and they are hereby vested with full power and authority to regulate from time to time the price and assize of bread. 31. The city council of Charleston be invested with all the powers and authorities which by any act or acts of the general assembly were formerly vested in the commissioners of fortifications, so far as the same relates to the putting down or removing any building or other erection on any of the wharves, or within fifty feet of the curtain line on the bay of Charles ton. 32. And be it enacted, That the city council be vested with the necessary power and authority, for continuing East Baystreet, from its present termination to the extremity of White Point, in a direction most advantageous to the public, and convenient to the proprietors of the lands adjoining. 33. Whereas many acts of the legislature, respecting the internal government and police of Charleston before it was incorporated, remain unrepealed; and ordinances for the same purposes have been framed by the city council, by which means a clashing of jurisdiction may arise between the state magistrates and the city officers, as there may be a doubt whether both have not equal power to act under each; in order to obviate any difficulties on such occasions, 34. Be it enacted, That from and immediately after the passing of this act, all such acts of the legislature shall be, and they are hereby repealed. 35. And whereas no provision is made in case of the sickness, temporary absence, or other occasion of non-attendance of the intendant, Be it enacted, That the city council shall be empowered to dens to act in elect one of the wardens to act in his room on any such occa his place. sion. A. A. 1789. Bounds of A.A.Feb.1791. 1 Faust 82. 36. The bounds and limits of the city of Charleston shall be and they are hereby enlarged, so as to include within the jurisdiction of the city council, the lands belonging to the city, which are bounded by Hudson-street, Meeting-street, Bond and St. Philip's-street continued. 37. Whereas the intendant and wardens of the city of Charleston, have by their memorial to the legislature of this state, enumerated several cases wherein doubts have arisen respecting the extent of the jurisdiction of the court of wardens, and in their said memorial did pray that their jurisdiction might be so clearly defined that they might know the actual extent thereof: TIT. 5. A. A. 1791. 1 Faust 83. 38. Be it therefore enacted, That where any debt not ex- Feb. Sess. ceeding twenty pounds, is contracted out of the city, or any Jurisdiction damage (not affecting the rights of freehold) is committed out of the court of the limits thereof, and the party contracting such debt, or of wardens, committing such damage, is found within the city, that the court of wardens shall be and they are hereby invested with power and jurisdiction to take cognizance of the same, in as ample a manner as if the debt had been contracted, or as if the damage had been done within the limits thereof. witnesses. 39. And be it further enacted, That the said court of war- May grant dens shall and may, and they are hereby authorized and em- commissions powered, on the application of any person or persons inte- to examine rested in any suit depending in the said court, to grant a commission to be directed to one or two commissioners, empowering them to examine and cross examine, on oath or solemn affirmation, the witnesses mentioned in the said commission, who reside without the limits of the city: And the testimony of the witnesses so examined shall be as valid as if the same were taken in open court. 40. Provided, That the person or persons making such application, shall give to the plaintiff or defendant (as the case may be) six days notice of such application: And if any person mentioned as a witness in such commission, shall refuse to give testimony to the best of his or her knowledge, on oath or solemn affirmation, before the said commissioner or commissioners, on being summoned, every person so refusing, if he shall reside and be in the election district of the commissioner summoning him, at the time when summoned, shall be liable to a fine of twenty pounds, to be recovered by the party aggrieved, in any court of record within the state. 41. And whereas, advantages may arise by enforcing, in a summary manner, the performance of contracts on short credits, if the court of wardens were invested with power to take cognizance by separate processes, of all cases where several bonds, notes or other evidences of debt due by one debtor, are in, or come to the hands of the same creditor; and which bonds, notes, and other evidences of debt, amount in the whole to more than twenty pounds, though each separately is under that sum : creditor is possessed of 42. Be it therefore enacted, That where the same creditor How to prois possessed of divers bonds, notes, and other evidences of ceed where a debt due from the same debtor, and which said bonds, notes, and other evidences of debt amount in the whole to more than divers evitwenty pounds, though each separately is under that sum, it dences of shall and may be lawful for the court of wardens, on applica- debts, due tion made by petition, to issue separate processes, and enter from one up separate judgments, and issue separate executions, on such of the said bonds, notes and other evidences of debt, as if each of them had been in distinct hands: Provided each process, judgment and execution, shall not exceed twenty pounds; and provided all the demands which the same plaintiff appears VOL. III. F debtor. TIT. 5. A. A. 1791. 1 Faust 85. Counsellors, attornies, so licitors and clerks, are not exempt from process. A. A. 1795. 2 Faust 29. The city council to appoint commissioners to make an as sessment in plete East Bay-street: to have against the same defendant, if they do not together exceed twenty pounds, shall be blended in the same process to prevent splitting of actions. 43. And whereas, it has been doubted whether the counsel lors, attornies, solicitors and clerks of the superior courts, are amenable to the court of wardens in causes within their jurisdiction: Be it therefore enacted, That as in a free republic, the citizens ought to be entitled to equal liberties and equal privileges, so no set of men are exempt from the process of any court within the limits of its jurisdiction, without such exemption is expressly granted by the constitution; any law, usage or custom to the contrary thereof in any wise notwithstanding. 44. Whereas difficulties have arisen in completing East Baystreet, from the want of concert among the proprietors of the land to be benefited thereby; In remedy whereof, and to enable the city council of Charleston to complete the said street, agreeably to the plan last adopted by them: Be it enacted, That it shall and may be lawful for the city council of Charleston, and they are hereby required to noorder to com- minate and appoint three good and disinterested freeholders, to act as commissioners, who shall, and they are hereby authorized to assess, on each lot or parcel of land to be benefited by the completion of East Bay-street, a sum of money proportionate to the benefit likely to be received by such lot or parcel of land, from the completion of the said street. And collect sessed. 45. And be it further enacted, That the city council of the money as- Charleston shall, and they are hereby required to collect from the proprietors of the land likely to be benefited by the completion of the said street, all such sums of money as shall be assessed by the commissioners appointed by virtue of this act, within six months from such assessment, in such manner and under such penalties as city taxes now are or hereafter may be collected. Praviso re commission ers. 46. Provided always nevertheless, That it shall not be straining the lawful for the commissioners appointed by this act, to assess on the proprietors of the said land, any other or greater sums of money than may be necessary, with the other funds provided for that purpose, to complete the said street. And provided further, That it shall and may be lawful for any person or persons who may feel themselves aggrieved by any assessment to be made by virtue of this act, to appeal therefrom to the city council of Charleston, who are hereby authorized to grant such relief as, from the circumstances of the case, to them shall seem just and proper.* Persons aggrieved may appeal. * 47. And whereas, the land of several citizens has been taken for the building of a fort, called Fort Mechanic, and some of the said persons have petitioned the legislature to allow them a compensation for the same, and it appears that the city council of Charleston have in their hands certain funds, * See A. A. 1797. 、 arising from the sale of certain lots in the said city, which TIT. 5. it is supposed will be sufficient to indemnify the said peti tioners: A. A. 1795, land taken for 48. Be it further enacted, That compensation shall be made 2 Faust 31. to all such persons as have had their lands taken from them Proprietors of for the purpose of building the said fort; the amount of which the site of said compensation shall be ascertained by Thomas Jones, John Fort MechanSplatt Cripps and Edward Darrell, who are hereby appointed ic, how to be commissioners for the said purpose; and such compensation, compensated. when ascertained by the said commissioners, shall be paid by the city council, out of the said funds in their hands; and the said city council are further authorized and required, if there should be any balance of the said funds remaining in their hands, to apply the same to the effectual securing of the said fort, from the injury it may sustain from the dashing of the waters against the foundation of it, if such manner as by the commissioners of the streets of Charleston, shall be deem ed the most effectual: Provided, That the present owners of Titles to the the land on which Fort Mechanic is built, shall make good same to be and sufficient titles to the said lands, to the governor of this made, in trust state, and his successors, in trust for the state. for the state. ers. 49. And be it further enacted, That the commissioners appointed as before directed, shall, and they are hereby required, before they proceed to the execution of the duties imposed by Oath to be ta this act, to take and subscribe, before some justice of the ken by the peace, the following oath or affirmation, viz: I, A. B. do so- commissionTemnly swear (or affirm, as the case may be) that I will truly and impartially rate and assess each lot or parcel of land likely to benefited by the completion of East Bay-street, in proportion to the benefit which in my conscience I believe the land so assessed is likely to receive from the completion of the said street. 50. And whereas, several of the proprietors of land, likely to be benefited by the completion of East Bay-street, have, since the city council last undertook to complete the said street, voluntarily subscribed, or paid subscriptions, to defray the expenses of completing the same: In order, therefore, that equal justice may be done, Sums subscri bed for the completion of East Bay Be it enacted, That all sums so subscribed or paid, shall be street to go a valid discount against any assessment to be made by virtue in discount of of this act.* the assess ment. 51. Be it enacted, That the city council of Charleston City council shall be, and they are hereby vested with full power and au- empowered to thority, to take up and confine to labour, (if they are capable regulate strol thereof,) all strolling beggars, found strolling and begging ling beggars; about the city of Charleston; and to make such rules and ordinances, for the due regulation of such persons as they shall think. fit. point com 52. And be it further enacted, That the city council of and to apCharleston shall be, and they are hereby vested with full pow- missioners of * See A. A. 1797. TIT. 5. the roads for the parishes of St. Michael and St. Philip. A. A. 1796. 2 Faust 96. Commissioners of the markets; their power of cattle butchered,&c. er and authority to elect the commissioner or commissioners of roads for the parishes of St. Michael and St. Philip, in all cases of vacancies that shall hereafter happen; any law, usage or custom to the contrary in any wise notwithstanding; and such commissioner or commissioners, so elected, shall be vested with the same authority, and subject to the same duties and penalties, as commissioners of roads heretofore have been. 53. Whereas the practice of stealing cattle has become of late very prevalent in several parts of the state, to the great injury of many good citizens holding stock at range: For remedy whereof, and to enable sufferers in some measure to trace their property, and to bring offenders to justice: And whereas an act, entitled, "An act to establish certain regulations in Georgetown, passed on the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninetyone," has been found, by experience, to be conducive to these desirable purposes:* 54. Be it therefore enacted, That the commissioners of the markets in Charleston shall be, and they are hereby vested and duty, con- with full power, and are required to compel butchers and cerning the others, to produce to the clerks of the markets in Charleston, hides and ears the hides and ears of all neat cattle, of whatsoever description or age, brought for sale to the said markets; the said ears The duty of to be immediately destroyed by the clerk to whom they may be produced; who shall be entitled to demand and receive from all butchers, and others bringing the same to market, the sum of four cents, as a compensation for his keeping a regular account, in a book, of all the brands and marks of such cattle, and of the names of the parties producing them. butchers Of the clerks of the mar kets, &c. in the same sub relation to ject. Penalty. A. A. 1796. The city 55. And be it also enacted, That any butcher, or other person who shall neglect or refuse to comply with the terms prescribed by this act, shall forfeit and pay the sum of ten dollars for every such offence, to be recovered in a summary manner, before the court of wardens in the said town, to be applied by them to the use and benefit of the Orphan-house in the same. 56. Be it enacted, That from and immediately after the 2 Faust 101. passing of this act, it shall and may be lawful for the city council of Charleston, and they are hereby authorized to increase the tax on licenses for retailing spirituous liquors, according to their discretion. council au thorized to encrease the tax on li censes for Certain cor And be it further enacted, That the following officers of the city of Charleston, that is to say: the intendant, wardens, city retailing, &c. treasurer, city sheriff, marshal and city recorder, be, and they poration offi. are hereby exempted and excused from serving on juries. 57. Whereas some doubts have arisen in the execution of ed from serv. the powers given by the several acts and resolutions of the ing on juries. legislature to the city council of Charleston, relative to the lots on East Bay-street continued: For the removal of those doubts, cers exempt A. A. 1797. 2 Faust 153. A. A. 1791. 1 Faust 87.-This is an extraordinary and minute reason given for the enactment of the law. |