A. n. 1783. Election of wardens. Election of 1ntendant. Vacancies. Acts relating to the City of Charleston. wardens, or any three of them, shall, in rotation, meet twice a week, or oftener if occasion require, in the city hall, over the Exchange, to hear and determine all small and mean causes, agreeable to the directions of the Act of the General Assembly, and all other matters of complaint arising within the said city; 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 city, for the preservation of peace and good order thereof. VIII. And be it further enacted by the authority aforesaid, That on the first Monday in September, one thousand seven hundred and eighty-four, and on the first Monday in September every year thereafter, there shall be an election of wardens for each ward, and the intendant for the time being shall give at least ten days notice of such election, appoint a place for holding it in each ward, and proper persons for managing and conducting the same; and the persons so chosen may take the oaths of qualification, allegiance and office, before the intendant for the time being, after which they shall be fully qualified to act as wardens, or sit as members of the city council; but after a new election of wardens, none of the former wardens shall sit as members of the city council, unless they have been re-elected. IX. And be it further enacted by the authority aforesaid, That on the second Monday in September, one thousand seven hundred and eighty-four, and on every Monday in September thereafter, an intendant shall be cho sen from among the wardens, by the inhabitants of all the wards, at the city hall, over the Exchange, or at such other place as the intendant for the time being shall think proper, who shall give ten days notice of such election, and appoint proper persons for conducting the same; and the person so chosen shall take the oath of qualification in the presence of the wardens, until which the former intendant shall continue to act; but no person shall be eligible to serve as an intendant for more than three years in any term of five years. X. And be it further enacted by the authority aforesaid, That in case of the death of the intendant, his resignation, removal from office, or absence how to be filled, 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 sum. mons to the ward for filling up such vacancy, giving five days notice of the same. And if any person, on being elected intendant, shall refuse to act, he shall forfeit and pay to the treasurer of the city, for the use of the same, the sum of thirty pounds sterling. And if any person, on being elected warden, shall refuse to act, he shall also pay to the treasurer of the city Penalty for re- the sum of twenty pounds sterling; provided, that no person who has atfusing to serve, tained the age of fifty years shall be compelled to serve in either of the and for malpractice in office. said offices, nor shall any other person be obliged to serve more than one year in any term of seven years. And in case the intendant or any of the wardens, whilst in office, shall be guilty of any wilful neglect, mal-practices or abuses, on information being filed of the same, at the Court of General Sessions, and conviction thereof, he shall forfeit and pay a sum not exceeding two hundred pounds sterling for every such wilful neglect, malpractice or abuse, the money to be recovered by the recorder, and lodged with the city treasurer, for the use and benefit of the said city. XI. And be it further enacted by the authority aforesaid, That if any Acts relating to the City of Charleston. person 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. In the Senate, the thirteenth day of August, in the year one thousand seven hundred and eighty-three, JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. A. D. 1784. "AN ACT TO No. 1228. AN ACT TO EXPLAIN AND AMEND AN ACT ENTITLED WHEREAS, doubts have arisen respecting an Act entitled "An Act to incorporate Charleston," so far as regulates the power of the council of wardens to commit for penalties and forfeitures, incurred by virtue of the bye-laws of the said corporation. Preamble. dens authori I. Be it therefore enacted by the Honorable the Senate and House of Representatives, and by the authority of the same, That the said Court Court of warof wardens ought, and they are hereby fully authorized and empower-zed to commit, ed, from time to time, to commit to close prison all such person and &c. persons who shall incur any penalties and forfeitures intended to be inflicted by any of the bye-laws of the said corporation, passed conformable to the powers vested in them by the said Act of incorporation. teries. II. Be it further enacted by the authority aforesaid, That the said corporation shall be, and they are hereby, fully authorized and empowered, May draw lotfrom 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. the assize of III. And be it further enacted by the authority aforessid, That the city council of Charleston be, and they are hereby, vested with full power May regulate and authority to regulate, from time to time, the price and assize of bread. bread. tions and the IV. And be it further enacted by the authority aforesaid, That the city council of Charleston be invested with all the powers and authori. Their powers ties which by any Act or Acts of the General Assembly were former- as to fortificaly vested in the commissioners of fortifications, so far as the same relate wharves. to the pulling 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 Charleston. V. And be it further enacted by the authority aforesaid, That the city council shall have power and authority to permit the owners or occupiers of wharves to construct ware-houses, cellars or arches, along the said curtain line, of such dimensions as shall be approved of by the said city council, so as the same be not more than six feet in height, or thirty feet wide, and that the whole be of one uniform construction; and to make such other regulations for the benefit of the owners of the said wharves, and the health and convenience of the city, from time to time, as shall appear proper and convenient. A. D. 1785. Jurisdiction in Acts relating to the City of Charleston. VI. And be it further enacted by the authority aforesaid, That from matters of debt, and after the passing of this Act, it shall and may be lawful for the innot exceeding tendant and wardens of the corporation of Charleston, or any one of them, £20. upon complaint made by petition from the seamen, for the non payment of their wages, or by any other person for the non-payment of any debt or sum of money, or of any damage, not exceeding twenty pounds, by whatever means, for any cause, matter or thing, the said debt or sum of money became due, or the damages were sustained, except when the titles of lands may come in question, to issue a warrant directed to any one of the constables, to summon the defendant, and all witnesses required by either party, to appear at the court of wardens, on such a day as shall be therein appointed; which summons, with a true copy of the petition annexed, shall be served ten days on the defendant before the sitting of the said court. VII. And be it further enacted by the authority aforesaid, That the court of wardens shall and may have, hold and exercise the same powers and authorities therein respectively, touching all matters within the limits of their jurisdiction, and which do not exceed in value twenty pounds, except when the title of lands may come in question, as the Judges of the Court of Common Pleas or Admiralty have, hold or do exercise in their several jurisdictions; and that the said court of wardens shall be a court of record, and all persons necessarily going to, attending on, or returning from, the same, shall be free from arrests in any civil action. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thou sand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. H. RUTLEDGE, Speaker of the House of Representatives. No. 1297. AN ACT TO EXPLAIN AND AMEND THE "ACT FOR INCORPORATING THE CITY OF CHARLESTON, AND ENLARGING THE POWERS OF THE CITY COUNCIL;" AND TO PREVENT A CLASHING OF JURISDICTION WITHIN THE SAME. 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 ohviate any difficulties on such occasions, I. Be it enacted, by the Honorable the Senate and House of Representatives, and by the authority of the same, That from and immediately after the passing of this Act, all such Acts of the Legislature shall be, and they are hereby, repealed. II. And whereas, no provision is made in case of the sickness, temporary absence, or other occasion of non-attendance of the Intendant, Be it Acts relating to the City of Charleston. enacted by the authority aforesaid, That the city council shall be empow ered to elect one of the Wardens to act in his room on any such occasion. In the Senate House, the twelfth day of October, in the year of our Lord one thousand seven hundred and eighty-five, and in the tenth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN FAUCHEREAUD GRIMKE, Speaker of the House of A.D. 1787. AN ACT TO AUTHORIZE COMMISSIONERS FOR CONTINUING EAST BAY- No. 1359. STREET. AS RELATE TO THE SAID WHEREAS, it is found necessary to alter the mode of assessment for the continuance of East Bay-street to Ashley river. I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Assessment, authority of the same, That the expense of making and compleating East how to be Bay-street, continued, from the wall of Granville's bastion to Ashley river, made. shall be borne by the owners and proprietors of lands adjoining and contiguous thereto; and that the commissioners formerly appointed, or such others as the city council may appoint, be, and they, or a majority of them, are hereby authorized and impowered, to assess the owners and proprietors of lands hereafter mentioned, for the expences aforesaid, as well those already incurred as those to be incurred, in the following manner, that is to say, the owners and proprietors of all lands from the wall of Mr. Sommers's lot, at the corner of East Bay-street, in a line to Ashley river, and the owners of lots in Stoll's alley, that front on the canal leading from the flood gate, as far as Young's bridge, and of all lands within the flood gate, shall pay a twenty fold proportion; and the proprietors of lands on the east side of Church-street continued, from Young's bridge to the end of Broughton's battery, in an eighth fold proportion, more than the other owners of lands to be assessed, (viz :) the owners and proprietors of lands on the west side of Church-street continued, from Mr. Young's house to the end of Broughton's battery, both inclusive, or when the remainder of such assessment shall be made. II. And be it further enacted by the authority aforesaid, That the commissioners, in making such assessment, shall have relation to the value of How to be each lot within the aforesaid limits, according to the assessment of the collected. collectors of the general tax for the year one thousand seven hundred and eighty-six; and that after such assessment is made, the same shall be delivered over to the city treasurer, who is hereby authorized and required to collect the same; and in default of payment, to issue executions against defaulters. A. D. 1788. Acts relating to the City of Charleston. III. And be it further enacted by the authority aforesaid, That the commissioners formerly appointed shall be, and they are hereby, indemnified from any prosecutions or suits, for or on account of any contracts which they may have entered into, by virtue of their former appointment, until six months after the present assessment shall be made and compleated. IV. And be it further enacted by the authority aforesaid, That the twenty-eighth clause of an Act of the General Assembly, passed the twenty-second day of March, one thousand seven hundred and eighty-five, entitled "An Act for keeping in repair the several high roads and bridges throughout the State, be, and the same is hereby, repealed. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. No. 1412. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AUTHORIZE COMMISSIONERS FOR CONTINUING EAST BAY-STREET TO ASHLEY RIVER, TO MAKE A NEW ASSESSMENT FOR COMPLEATING THE SAME; AND TO RE Preamble, Comrs. to account. Assessment, how to be made. PEAL SUCH CLAUSES OF THE HIGH-ROAD ACT, PASSED THE TWENTYSECOND DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTYFIVE, AS RELATE TO THE SAID STREET. WHEREAS, the commissioners appointed by the city council to make an assessment for the discharge of the expenses attending the compleating of East Bay-street, have not hitherto performed the duties directed by the Act of Assembly, passed the twenty-seventh day of March, one thousand seven hundred and eighty-seven, relative to East Bay-street: I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met in General Assembly, and by the authority of the same, That within one month from the passing of this Act, that the said commissioners, appointed by the city council, for carrying the Acts of the Legislature into execution, respecting East Bay-street, shall make up, and lay before the city council, a fair and just statement of their receipts and expenditures, in the carrying into effect such Acts; and in default thereof, such commissioners shall be liable to any action or suit, by any person or persons to whom such commissioners may stand indebted for materials furnished or work done to East Bay-street, and shall be subject to advance, out of their private fortunes, such damages as shall be recovered of them, by the verdict of a jury. II. And be it further enacted by the authority aforesaid, That the commissioners appointed by the city council, and the survivors or survivor of them, or any other commissioners who may be appointed, or the survivors or survivor of them, shall make out the assessment within six months after the passing of this Act, for defraying the expenses incurred, and to be incurred, by the making and compleating of the said East Bay-street, under |