Be it enacted, That the city council of Charleston shall ap- TIT. 5. praise, or cause to be appraised by impartial appraisers, such slips of public land as separate the proprietors of adjacent A. A. 1797. lots from East Bay-street continued, or from South Bay-street, 2 Faust 153. and to offer pre-emption of the aforesaid slips, to the afore- Powers of the said proprietors, at the price at which they shall be respec- Authorized to city counciltively appraised.

appraise slips 58. And be it further enacted, That the city council of of land: Charleston shall and may sell, or cause to be sold or resold, To sell or resell; and may as circumstances may require, all other lots of land, situate on East Bay-street continued, and on South Bay street, which give titles. remain unsold, or have been taken back from purchasers who did not comply with the terms of sale.

59. And that on the payment of the value of the lots appraised, sold or resold as aforesaid, the city council shall execute titles, in due form, conveying the said lots, in fee simple, to the several purchasers; and shall apply the proceeds of such sales and resales of the said lots, in the manner prescribed by the third section of the act of the legislature, passed the nineteenth day of December, one thousand seven hundred and ninety-five, entitled, "An act to complete East Bay-street in Charleston, and for other purposes therein mentioned." [See 2 Faust 29.]

end of Queen

street.

60. And be it further enacted, That the city council shall be, 2 Faust 154. and they are hereby authorized to demand and receive a toll May take toll on such carriages, persons, horses, cattle, baggage, merchan- at the lower dize and other articles as may land or be landed, or as may be embarked or be shipped at the slip at the lower end of Queen-street, (except on persons and goods brought over from Hibben's ferry, in his ferry boat,) not exceeding the rates now received by the owners of wharves, and other landing places in Charleston.

61. And whereas it has been found inconvenient to require so large a number of wardens to form a quorum of the city council of Charleston, as is now required by law:

seven wardens to make a quorum.

Be it further enacted, That except in the imposition of tax- Intendant and es, and the appropriation of money, the intendant and seven wardens of the city council of Charleston, shall form a quorum to do and perform all the duties imposed, and to exercise all the powers and authorities, vested in the city council by the charter or any law.

Certain land vested in the

city.

62. And be it further enacted, That the land laid off by law 2 Faust 179. for the continuation of East Bay, be vested in the city of Charleston; and it shall and may be lawful for the city council to convey to the proprietors of the adjacent lots, such parts of the land formerly laid out by law for East Bay-street, as may not be wanted for that street, as at present laid out, and as may be necessary to continue a front on the street, as at present laid out to those who had a front on the same, as formerly laid out; they paying for the same, the value at which it shall be appraised by a jury empannelled as afore

said.

63. And whereas, it is in the contemplation of the legisla- A. A. 1798. ture of this state, to establish an uniform system of judicature 2 Faust 247.

TIT. 5.

A. A. 1798.

2 Faust 247. Court of war

dens abolished.

A. A. 1799.

2 Faust 276.

Commission

ers of the streets to

have a con

trolling power, in laying out streets, lanes, alleys,

&c.

Their duty.

The power of

the city coun

cil to confirm or disapprove, &c.

Other persons forbidden to lay out any street, &c.

A. A. 1801. 2 Faust 392.

The inferior

throughout this state, and that the laws should be administer ed by one and the same judges throughout the state:

Be it therefore enacted, That from and after the first day o January, one thousand eight hundred, the sixth and sevent clauses of an act, entitled, "An act to explain and amend an act, entitled, An act to incorporate Charleston, and to en large the powers of the city council,' passed the twenty-sixth day of March, one thousand seven hundred and eighty-four,' be, and the same is hereby repealed.

64. Whereas narrow and confined streets, lanes and alleys are disadvantageous to every city, exposing the buildings so situated to greater danger by fire, and the inhabitants thereof, by close and confined air, to malignant diseases, and moreover do greatly obstruct the free passage of persons and carriages: And whereas the corporation of Charleston can impose no penalty which would be sufficient to prevent persons from acting in opposition to the regulations intended to be prescribed by this act :

65. Be it therefore enacted, That from and after the passing of this act, no street, lane, alley or court, shall be opened, laid out or established within any part of the city of Charleston, until the design of the same shall have been previously submitted to the commissioners of the streets; who are hereby required, within ten days after application to them made as aforesaid, to view such intended street, lane, alley or court, and report thereon with their opinions thereof, to the city council.

66. And if the said city council shall find that such intended street, lane, alley or court possesses a sufficient passageway, and that the same will not be incommodious or prejudicial to the citizens, such street, lane, alley or court shall then be opened, and for ever thereafter be deemed, held and taken as a public street.

67. And be it further enacted, That no person or persons holding any freehold or leasehold estate, or by any other right or title whatever, in the occupancy of land, shall at any time hereafter lay out, open or establish any street, lane, alley or court, contrary to the regulations hereby intended; and every such owner or other person interested in the occupancy of any land, so violating the provisions of this act, shall incur a penalty of any sum not exceeding forty dollars for each and every week the same shall be and remain open; which said penalty shall be recoverable in the court of common pleas.

68. Whereas great inconveniencies have arisen from the abolition of the jurisdiction of the court of inferior jurisdiction in the city of Charleston, as well to the citizens of Charleston, from the peculiar modes of doing business in the city, as to the suiters and persons having business in the district court, by reason of the great accumulation of causes therein: And whereas the citizens of Charleston have, by their memorial, stated divers grievances, and prayed the interference of the legislature on this behalf:

69. Be it therefore enacted, That from and after the first city court es day of March next, a court for the hearing and determining

tablished.

TIT. 5.

of causes of a civil nature, arising within the limits of the said city of Charleston, and for the trial of all offences against the by-laws of the city of Charleston, shall be, and the same is A. A. 1801. hereby constituted, established and authorized, to be a court 2 Faust 393-4. of record, possessing concurrent jurisdiction with the courts

of sessions and common pleas, to the amount herein after de- Its jurisdicclared and limited; and which concurrent jurisdiction with tion. the court of sessions, shall be confined entirely to such offences as are against the by-laws of the corporation, and shall not extend to corporal punishment.

er of the city:

A compen- compensa

70. And be it further enacted, That the said court hereby erec- To be holden ted, directed and established, shall be called the Inferior City by the recordCourt, and be held by the recorder of the city of Charleston; and that the city council shall fix and provide such sation for the recorder, as may be fit and proper, and proportioned to the importance of his station; and which compen- and provided sation shall not be increased or diminished during his contin- by the city uance in office, to be paid by the city tax; and the said re- council. corder shall hold his commission during good behaviour.

tion for whom shall be fixed

cept cases

71. And be it further enacted, That all issues, controver- Trials in said sies and litigations in the said court, of which the value shall court to be exceed the sum allowed by law for the jurisdiction of a single by jury; exmagistrate, shall be tried by a jury, according to the regula- within the jutions and forms prescribed by law, in cases of trial by jury; risdiction of a and to that end the city council of Charleston shall cause a justice of jury box for the said city to be made, and a jury list to be peace. provided for the same: from which box jurors shall be drawn, summoned and empannelled for the trial of causes, in like manner, and under the same penalties as are established by law and usage in the courts of sessions and common pleas:

72. Provided, That no venire facias shall at any time issue How juries for more than twenty-four jurors, to serve at one court, any shall be formtwelve of whom attending, shall form a jury; and in case of ed, &c. non-attendance of the jurors so drawn and summoned, their places may be supplied by talesmen, drawn in the usual mode but no person shall be liable to serve twice, until all the names in the said jury box shall be drawn out.

73. All persons possessing the qualifications prescribed for Who shall jurors by the laws of the state, and usually residing in the serve as jucity, or who have resided therein for six months before their rors. being drawn, and there being at the time of being drawn and summoned, shall be liable to serve as jurors in the said court: saving and reserving to all persons, all lawful excuses and exemptions, as in the other courts.

74. And be it further enacted, That the jurisdiction of the Jurisdiction said court, shall and may extend to the maintaining of all ac- of the court. tions, suits and prosecutions for the recovery of any debt or sum of money arising on contract, express or implied, and for offences against the by-laws of the corporation of Charles

ton:

thereof.

75. Provided, That no verdict or judgment in the said court Limitations shall exceed one hundred dollars in any one action, exclusive of costs and charges: And also provided, That no suit or action shall be brought or maintained in the said court, unless

TIT. 5.

A. A. 1801.

the contract or cause of action hath been made or arose within the limits of the said city of Charleston; and that between persons resident in the said city, or between persons resident 2 Faust 394-5. and foreigners, or between foreigners at the time of said contract or cause of action, or citizens of the United States. But nothing herein contained shall be construed to bar any person from suing any person resident in the said city, in the said court, for any sum not exceeding one hundred dollars, exclusive of costs as aforesaid.

When the court shall be holden, and how long it shall sit.

Method of proceeding therein.

Other powers

76. And be it further enacted, That no citizen of this state, not having resided within the limits of the city for three months immediately preceding the commencement of the suit, process or action, or who shall not have been in the habit of residing there during four months in the year, preceding the commencement of the suit, shall be liable to be sued in the said court.

77. And be it further enacted, That the court hereby established and authorized, shall hold its term and sitting on the first Monday in every two months, for the despatch of business, and may continue to sit for any time, not exceeding six days; and all issues and business not then disposed of, shall be considered as adjourned over to the succeeding term; all motions for new trial, in arrest of judgment, and all other questions of law, may be moved for on the second Monday of each term, and the court shall and may sit three days for hearing and determining such motions and questions.

and

78. All writs and process shall be issued by the clerk of the said court, and shall be made returnable to the first day of the term next succeeding the issuing of the same; and the defendant, upon entering special bail, if required, shall, in all cases, be entitled to imparl until the last day of the said term; at which time, or within ten days thereafter, the defendant shall file his plea or defence, in writing, with the clerk of the court, or the plaintiff may take judgment by default.

79. Provided, That where judgments are taken by default between the first and second term, no execution shall be enforced thereon, till after the second day of the succeeding term; and the defendant may, at the meeting of the court, on the first day thereof, move to be let into any substantial defence, upon condition of pleading issuable instanter, and going to trial during that term.

80. And be it further enacted, That the said city court of of the court. Charleston, shall be, and it is hereby invested with power and authority to grant rules, to hear and determine motions for new trial, in arrest of judgment, and all questions of law arising out of causes within its jurisdiction; to issue subpoenas for the attendance of witnesses; to grant commissions for the examination of witnesses; to issue executions of fieri facias. against the real and personal property of defendants; to issue writs of capias ad respondendum, and also writs of capias ad satisfaciendum; to punish for contempts; and also all other the usual process, according to the known and approved rules

of the common law, and of the acts of the assembly in such cases provided.

TIT. 5.

81. But it is hereby declared and provided, that no pro- A. A. 1801. cess or writ issuing out of the said court, shall extend or be 2 Faust 396-7. of force for service or execution out of the limits of the said Limitations. of power. city, except commissions to examine witnesses, and that all writs shall be served and returned ten days before the sitting of the court aforesaid.

82. And be it further enacted, That in all controversies where the title of lands shall be brought directly into question, so as to be a material part of the issue, the said court shall not hold plea thereof, or proceed thereon, but the cause shall be moved by certiorari into the district court, and the plaintiff shall be obliged so to remove it, or a nonsuit be entered against him, and costs of suit taxed, as in other cases of nonsuit.

to the court

83. And be it further enacted, That whenever any party Appeal lies shall think himself aggrieved by any decision or proceeding of from any dethe said court, it shall and may be lawful to appeal to the cision thereof judges of the court of common pleas, by certiorari, writ of er- of common ror, or bill of exception; and the said judges shall revise and pleas. consider the same, and make such order therein as may be consonant with law and justice.

84. Writs of mandamus and prohibitions shall and may issue from the courts of common pleas and sessions into the said court as usual.

85. And be it further enacted, That it shall be lawful for the How the pracintendant and wardens, and the said recorder, to prescribe, tice of the and from time to time to regulate the practice of the said court may be court, and of the attornies therein, conformably to this act, regulated. and as nearly as may be to the forms and rules used in the courts of law in this state.

re

and sheriff.

86. And be it further enacted, That fees of attornies, and Fees of attor of the clerk and sheriff in the said court, shall be, in all nies, clerk spects, the same as are now allowable by law in the summary jurisdiction of the court of common pleas, to which it shall and may be lawful for the city council to prescribe and add any sum not exceeding one dollar on each cause, to defray the extraordinary expenses, which the said city may incur by reason of the establishment of the court hereby established.

to plead in

87. And be it further enacted, That the said recorder shall Recorder not not be permitted to plead in a superior court in any cause which has been argued before or adjudged by him; and that certain cases. any person shall have a right to appeal from the judgment of the said court to the superior court of sessions or common pleas within the said district, on making oath that he verily Oath to be believes he has substantial justice on his side, and that he does made by appellant. not appeal merely to delay the operation of law and justice.

be committed

gaol.

88. And be it further enacted, That the keeper of the gaol Prisoners to in Charleston district, be, and he is hereby authorized and required to receive into his custody, all such prisoners as shall to the district be committed to such gaol, under the authority of the said court hereby established, and there to keep, in safe custody, all such prisoners, until discharged by due course of law.

VOL. III.

G