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A. D. 1847.

mony, as the said commissioners may deem best. And the said commissioners, before they act, shall severally take an oath before some magistrate, faithfully and impartially to discharge the duty assigned them, and shall return their proceedings, with a full description of the damage done, under the hands and seal of a majority of them, to the Court from which the commission issued, there to remain of record.

III In case either party shall appeal from the valuation of the damage so fixed by the said commissioners, or a majority of them, to the Court at its next sitting thereafter, and give fifteen days notice to the opposite party, of such appeal, the Court shall order a new valuation to be made by a jury, who shall be case of appeal. charged therewith in the same term or as soon as practicable, and their verdict shall be final and conclusive between the parties, unless a new trial shall be granted.

New valuation in

Penalty.

IV. If any person shall wilfully and maliciously destroy, or in any manner hurt, damage, or obstruct, or shall wilfully and maliciously cause, or ail, or as sist, or counsel, or advise any other person or persons to destroy or in any manner to hurt, damage, injure or obstruct any signal, monument, building, or any appendage thereto, used or constructed under and by virtue of the Act of Congress aforesaid, he shall be liable to be indicted therefor, and on conviction shall be imprisoned not more than one month, or pay a fine not exceeding fifty dollars, or both, at the discretion of the Court before which such conviction shall take place, and shall be further liable to pay all expenses of repairing the same, and it shall not be competent for any person so offending, to defend himself, by pleading or giving in evidence that he was the owner, or agent, or servant of the owner of the land where such damage was done or caused at the time the same was caused or done.

In the Senate House, the seventeenth day of December, in the year of our Lord one thousand, eight hundred and forty-eight, and in the seventy-second year of the Sovereignty and Inpependence of the United States of America.

R. F. W. ALLSTON, President of the Senate pro. tem.
W. F. COLCOCK, Speaker of the House of Representatives.

A. D. 1847.

AN ACT TO INCREASE THE POWERS OF THE COMMISSIONERS OF CROSS No. 3022. ROADS FOR CHARLESTON NECK.

WHEREAS, the existing Laws, granting Police Powers to the Commissioners Preamble. of Cross Roads for Charleston Neck, are found insufficient for the maintaining

of good order thereon, and for the proper government of the numerous black population,

abolished.

Be it therefore enacted, by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the first day of March next, the Patrol System shall be abolished Patrol Systema as to that part of Charleston Neck situated and lying between the Northern boundary of the City of Charleston, and a line running from Cooper to Ashley River; the line to be located so as to include Hampstead and then be extended along the North side of Line street, and in the direction of the North line of Line street on to Ashley River. And in place and stead of the Patrol for the said portion of Charleston Neck, the Board of Commissioners of Cross Roads for Charleston Neck shall be authorized and empowered to organize and maintain an efficient Police Guard, a portion of whom shall be detailed for duty as Police Guard. a day Guard, and to make such rules and regulations, and inflict such penalties as may be requisite for the government of the same, and for the conduct and regulation of slaves and free persons of color on Charleston Neck. And the said Board shall have authority for the enforcement of Police duty by the said Guard throughout the limits of Charleston Neck, in addition to their authority as now possessed by law, to enforce the performance of Patrol duty in that portion of the Parish of St. Philip lying beyond and North of the line above designated.

taxes.

II. The said Board of Commissioners of Cross Roads shall have power to Power to collec levy and collect taxes for the purposes of this Act, (in addition to the powers of assessment and licensing heretofore possessed by them,) provided, the taxes to be raised under this Act do not exceed the following limits, to wit: Upon real estate on that part of Charleston Neck South of the line above designated any sum not exceeding twenty-five per cent. of the State Tax upon such real estate; upon slaves residing on Charleston Neck, South of said line, a sum not exceeding one dollar per head, provided, that the said Tax may be increased to one dollar and fifty cents on all slaves living on premises not owned, rented or

A. D. 1847.

Proviso.

Certain officers appointed.

used, or under the immediate control and supervision of their owners or persons having charge of them; and the said Board shall have power to make regulations for the issue of Badges to negroes working out on hire, and for licenses to vehicles plying for hire, and make such regulations and inflict such penalties as may be necessary for the enforcement thereof: Provided, That if the City of Charleston shall require no license for vehicles plying for hire which are owned or kept on the Neck, then, and in that case, the said Commissioners of Cross Roads shall not be authorized to require licenses for vehicles which may be owned or kept in the City; and Provided further, the said Commissioners of Cross Roads shall affix the same prices for such licenses that are from time to time assessed by the City Council of Charleston; and the Board shall further have power to impose a tax on free persons of color, liable to the State capitation Tax, who may be residents of that portion of the Neck South of the line above designated, not to exceed that imposed by the City of Charleston. All taxes levied by said Board under this Act shall be collected by the Tax Collector of the Parishes of St. Philips and St. Michaels in like manner and under the same penalties as the Act of Assembly of 1843 prescribes; and the Badges and Licenses shall be taken out from the office of the Treasurer of the said Board, or from such other officer as the said Board may appoint.

III. The said Board shall have power to appoint Measurcis of Wood, Coal Lumber and Timber, and Weighers of Cotton, and shall be authorized to make regulations for the retail sale of grain within the above limits; but this provi sion shall not exclude any resident of the neck from employing any Measurer or Weigher appointed by the City Council of Charleston.

IV. That the Board of Commissioners of Cross Roads shall from and after Board to consist the next election, be composed of six members and a chairman: three of the of six members and chairman. said members shall be resident to the East and the other three to the West of

King street, and the chairman (to be elected separately) may be a resident of any part of the neck, and the elections shall be conducted in the same manner and at such times as the law now provides for and at such places as may be designated by the Board.

V. That no clashing of jurisdiction may arise between the City Council of Charleston and the Commissioners of Cross Roads from fugitives fleeing over the line separating the City of Charleston from Charleston Neck, it shall be lawful for the Police Guard of the Neck or the City Police or Guard of Charles

ton, to pursue
and arrest any slave or slaves, or persons of color, who may
take refuge or flee on either side of said line.

In the Senate House, the seventeenth day of December, in the year of our Lord one
thousand eight hundred and forty-seven, and in the seventy-second year of the So-
vereignty and Independence of the United States of America.

R. F. W. ALLSTON, President of the Senate pro. tem.
W. F. COLCOCK, Speaker of the House of Representatives.

A. D. 1847.

AN ACT TO INCORPORATE THE CHARLESTON SUGAR REFINING COMPANY.

No. 3023.

porated.

I. Be it enacted, by the Honorable, the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Thaddeus Street, Joseph Provost, John Harris, John L. Hedley, Company incorand Henry T. Street, together with such other persons as now are, or hereafter may be associated with them, be, and they are hereby incorporated, and made and declared a body politic, for the purpose of manufacturing refined sugar, by the name and style of the "Charleston Sugar Refining Company," with a capi- Capital. tal of fifty thousand dollars, to be divided into shares of five hundred dollars each, which may be assigned and transferred in such manner as the said corporation may provide; for the original payment of which said capital, each, and every member of the said corporation, shall respectively, be jointly and severally liable, from the acceptance of this Charter, until the whole amount of the said capital has been duly paid in.

II. And be it further enacted, That the said corporation shall have power and authority to make bye-laws for the government thereof, not repugnant to the laws of the land; to have succession of officers and members; to have, use, and keep, a common seal, and the same to alter at will; to sue, and to be sued, implead, and be impleaded, answer, and be answered unto, in any Court of Law or Equity in this State; and to have, use, and enjoy all and every right, privilege and franchise, incident or appertaining to corporate bodies.

Powers.

Hold Real E-

III. And be it further enacted, That the said corporation shall be able and capable in Law, to have, hold, receive, possess, enjoy and retain, all such real tate. and personal property, estate and effects, as the said company may now or

A. D. 1847

Terms of Charter.

hereafter be possessed of, or in any wise entitled unto, or which shall have been
or hereafter may be given, or bequeathed to, or in any manner acquired by
them;
and may sell, alien, or in any other manner dispose of the same, or any
part thereof, as the said corporation may deem expedient: Provided, That the
fixed property of the said corporation shall at no time exceed in value the
amount of the capital aforesaid.

IV. And be it further enacted, That this Act shall be deemed a public Act, and shall continue of force for the term of fourteen years, and no longer.

In the Senate House, the seventeenth day of December, in the year of our Lord, one
thousand eight hundred and forty-seven, and in the seventy-second year of the
Sovereignty and Independence of the United States of America.

R. F. W. ALLSTON, President of the Senate pro. tem.
W. F. COLCOCK, Speaker of the House of Representatives.

No. 3024.

AN ACT TO PUNISH AND PREVENT THE STEALING OF OYSTERS.

I. Be it enacted, by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That if any person, or persons, shall feloniously gather, remove, take, or steal, from any Penalty for stea- Oyster bed, laying, or fishery, any Oysters, or Oyster brood, there growing, ling Oysters. lying, or being; such Oyster bed, laying, or fishery, being the property of any other person, or persons, and cultivated and used by the proprietor, or proprie tors thereof, for the production, growing, and improvement of Oysters, and being sufficiently marked out, every person, or persons, so offending, shall be deemed, and held, guilty of Larceny, and he, she, or they, or his, her, or their, aiders, helpers, abettors, or accessaries, being thereof convicted by due course of law, shall be punished as in cases of Larceny at common law.

nets, &c.

II. That if any person, or persons, shall unlawfully, and wilfully, use any dredge, or any net, instrument, or engine, whatsoever, within the limits of any Fine for using such Oyster bed, laying, or fishery, as aforesaid, for the purpose of taking Oysters, or Oyster brood, although none be actually taken; or shall with any net, instrument, or engine, drag upon the ground, or soil, of any such Oyster bed, laying, or fishery; every person, or persons, so offending, shall be held, and deemed guilty of a misdemeanor, and upon being convicted thereof, shall be punished by fine, or imprisonment, or both, as the Court may award, such fine not

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