Acts relating to the City of Charleston. A. D. 1799. AN ACT TO PREVENT THE OPENING OF STREETS, LANES, ALLEYS, No. 1724. AND COURTS, WITHIN THE CITY OF CHARLESTON, WITHOUT PERMIS SION SPECIALLY OBTAINED. WHEREAS, narrow and confined streets, lanes and alleys, are disadvantageous to every city, exposing the buildings so situated to greater Preamble, 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; to opening new I. Be it therefore enacted, by the Honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the Regulations as authority of the same, That from and after the passing of this Act, no streets, &c. 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; and if the said city council shall find that such intended street, lane, alley or court, possesses a sufficient passage-way, and that the same will not be incommodious or prejudicial to the citizens, such street, lane, alley or court, shall then be opened, and forever thereafter be deemed, held and taken, as a public street. II. And be it further enacted by the authority aforesaid, That no person or persons, holding any freehold or lease-hold estate, or by any other right Penalty. 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. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-nine, and in the twenty-fourth year of the Independence of the United States of America. JOHN WARD, President of the Senate. WM. JOHNSON, Jr. Speaker of the House of Representatives. AN ACT TO COMPENSATE THE HEIRS AND DEVISEES OF PETER PORCH- No. 1731. ER, DECEASED, FOR CERTAIN PROPERTY THEREIN MENTIONED. WHEREAS, the commissioners appointed in and by an Act of the Legislature, passed the twenty-second day of March, one thousand seven hundred and eighty-five, for the Parish road of St. Philip and St. Michael, were authorized to lay out a road on Charleston Neck, to run in a strait line with Meeting-street continued, until it should intersect the high road; A. D. 1801. Acts relating to the City of Charleston. and whereas, the said commissioners, in pursuance of the said Act, did lay out a road which took off a large proportion of a lot belonging to the heirs and devisees of Peter Porcher, deceased, for which it is reasonable they should receive an equivalent. I. Be it therefore enacted by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Nathaniel Russell, Daniel Cannon and William Johnson, senior, Esqrs. be appointed commissioners to ascertain what compensation will be sufficient to indemnify the said heirs and devisees of Peter Porcher, deceased, for the injury aforesaid; and that when the same shall be ascertained by the said commissioners, or a majority of them, it shall be raised by an assessment, to be made on the taxable property in the city of Charleston. In the Senate House, the twenty first day of December, in the year of our Lord one thousand seven hundred and ninety-nine, and in the twenty-fourth year of the Independence of the United States of America. JOHN WARD, President of the Senate. WM. JOHNSON, Jr. Speaker of the House of Representatives. No. 1783. AN ACT TO APPOINT COMMISSIONERS TO ASSESS SUCH PARTS OF A LOT OF LAND IN CHARLESTON, AS ARE NECESSARY TO WIDEN EAST BAY-STREET; AND TO PERMIT THE CITY COUNCIL TO ENJOY THE SAME AS A PUBLIC STREET, ON THE PAYMENT OF THE SUM ASSESSED Preamble. Assessors appointed, AS ITS VAlue. WHEREAS, the city council of Charleston have, by their petition, represented that they are desirous of widening East Bay-street, from Craven's bastion to the corner of Guignard-street, and that all the proprietors of the lands adjoining, except the heirs of Robert Raper, deceased, have, for the purpose aforesaid, agreed to make a voluntary cession of their individual rights; and it being further represented that the mental derangement of one of the heirs of the said Robert Raper, deceased, precludes him from entering into any valid contract in the subject matter, and it being of great importance to the community to carry into effect the intention of the city council, I. Be it therefore enacted, by the Honorable the Senate and House of Repretentatives, now met and sitting in General Assembly, and by the authority of the same, That the Honorable William Johnson, Jun. Thos. Raper, and John Dawson, Sen., shall be, and they are hereby appointed, commissioners to value and appraise such part or parts of the lot late the property of Robert Raper, deceased, situate, lying, and being in the city of Charleston aforesaid, bounding eastwardly on East Bay-street, southwardly on Ellery-street, and northwardly on lands of Charles Cotesworth Pinckney, as may be requisite and necessary to continue or widen East Bay-street aforesaid, agreeably to the plan proposed by the city council of Charleston; and that on payment by the city council aforesaid, of the sum so to be assessed or awarded by the said commissioners, or by a majority Acts relating to the City of Charleston. A D. 1802. of them, into the public treasury of this State, for the use of the heirs or representatives of the said Robert Raper, deceased, such payment shall enure, and is hereby declared, to operate a good and indefeasable title to the said city council, of all such parts of the said lot of land as shall or may be so assessed and paid for as aforesaid; and the better to identify and firmly secure the right of the said city council to the said premises, the said commissioners herein before named, or a majority of them, are hereby required to make their award or assessment, as aforesaid, on a platt Plat to be of the lot late the property of the said Robert Raper, deceased, particularly made. specifying and describing, by natural or artificial marks and bounds, the specific part or parts of the said lot so assessed and intended to be vested in the city council as aforesaid; and that the said city council do also cause to be endorsed on the said platt, under the award aforesaid, the receipt of the treasurer of the State, specifying the amount of the consideration money paid by them as aforesaid, and the day when such payment shall be made; which platt, together with the said endorsement, they, the said city council, shall, within one month thereafter, cause to be registered in the office of register of mesne conveyances for Charleston district. II. And be it further enacted by the authority aforesaid, That the lands so to be added to East Bay-street aforesaid, either by purchase or voluntary cession, together with the present public street, shall forever continue and be kept open as a public highway or street. III. And be it further enacted by the authority aforesaid, That it shall and may be lawful for either of the treasurers of the State to receive and The purchase acknowledge the receipt of the money so to be paid by the city council as money, how to be paid. aforesaid, and on receipt thereof to keep the same as a deposit to the credit of such person or persons as may be legally authorized to receive the same; and on proper application, without fee or reward, to pay over the said monies to the heirs of the said Robert Raper, or their representatives, or the representatives of any individual heir of the said Robert Raper; such representative of any individual heir binding his principal faithfully to account with his co-heirs, for his or their shares or proportions of the money so to be received as aforesaid. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and one, and in the twenty-sixth year of the Independence of the United States of America, JOHN WARD, President of the Senate. THODORE GAILLIARD, Speaker of the House of Representatives. AN ACT TO CONFIRM THE BYE-LAWS OF THE PROTESTANT EPISCOPAL No. 1793. UNDER CERTAIN RESTRICTIONS. WHEREAS, doubts have been entertained by some of the congregation of the Protestant Episcopal Church of Saint Philip, in Charleston, of the Preamble. validity of the byelaws hereinafter mentioned, and the vestry, wardens and A, D. 1803. Bye-laws established. How they may be altered. Acts relating to the City of Charleston. members of the said church have petitioned the Legislature to pass an Act for the purpose of quieting such doubts and confirming the said bye-laws. I. Be it therefore 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 the fifteen bye-laws, entitled the constitutional form of Government of the Episcopal Church of Saint Philip, in Charleston, which were approved and agreed to in a congregational meeting of the said Church, on the thirtieth day of October, in the year of our Lord one thousand seven hundred and ninety-seven, be, and the same are hereby declared, good, valid and binding rules or bye-laws of the corporation of the said Church; any law or usage to the contrary thereof in any wise notwithstanding: provided, that such bye-law or bye-laws be not repugnant to the laws of the land. II. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, it shall be lawful for the vestry, wardens and members of the said church, at any time, to alter or abolish all or any of the said bye-laws, and such new bye-laws to make in the place of the same, as may best conduce to the spiritual and temporal interests of the said Church; provided, that the vestry and wardens shall not be precluded from, or abridged in, their right of regulating, as heretofore, the ordinary concerns of the said Church, by any alteration of a bye-law, or by any new bye-law to be made in pursuance of this Act. III. And be it further enacted by the authority aforesaid, That the corporation of the aforesaid Church may, and they are hereby empowered to, purchase, accept and hold, in addition to what they now own, as much real or personal property as may, in the whole, yield them the annual income of fifteen hundred pounds; any law to the contrary thereof notwithstanding. In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, and in the twenty-seventh year of the independence of the United States of America JOHN WARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. No. 1812. AN ACT TO AMEND AN ACT ENTITLED "AN ACT ESTABLISHING A TOBACCO INSPECTION IN THE CITY OF CHARLESTON." WHEREAS, the funds intended to carry into effect the institution of the tobacco inspection in the city of Charleston, have become entirely inadequate for that purpose; I. Be it therefore 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 the commissioners of the tobacco inspection in the city of Charleston, be, and they are hereby, authorized and empowered to collect a sum not exceeding ten cents per week, as storage, for every hogshead of tobacco that may remain in store for a longer time than twelve months in the ware house of said inspection. II. And whereas, the present mode of selling tobacco occasions losses of considerable amount, by reason of the holders of tobacco-notes retaining Acts relating to the City of Charleston. the same for several years, and the tobacco being necessarily delivered to the holders of such notes, without weighing, or fairly ascertaining the loss which the tobacco has sustained from being kept on hand for so great a length of time; for remedy whereof, Be it enacted by the authority aforesaid, That from and immediately after the passing of this Act, all tobacco which shall be exposed to sale in the city of Charleston, shall be weighed; provided, more than twelve months have elapsed from the time of its inspection; and that the sum of twelve and one half cents be paid on each hogshead, by the purchaser, for weighing the same. II. And whereas, by an Act of the General Assembly, passed the eighteenth day of December, in the year of our Lord one thousand eight hundred and two, the commissioners of the tobacco inspection in the city of Charleston were authorized to receive, on storage, cotton and other produce therein mentioned, but no provision was made, or compensation allowed, for weighing and storing the same; Be it therefore enacted by the authority aforesaid, That the sum of six cents shall be allowed on every bale of cotton received, for storage and turning out, and six cents for weighing, if required, and two cents for every hundred weight of any other produce, as a compensation for storage and weighing of the same. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and three, and of the Independence of the United States of America the twenty-eighth. JOHN GAILLIARD, President of the Senate. ROBERT STARK, Speaker of the House of Representatives. A. D. 1803. AN ACT TO RELIEVE THE INHABITANTS OF CHARLESTON DISTRICT No. 1816. FROM THE UNEQUAL DUTY OF SERVING ON JURIES, AND ΤΟ MAKE THEIR DUTY UNIFORM WITH THAT OF THE CITIZENS OF OTHER DISTRICTS. WHEREAS, but one set of jurors are now drawn and summoned to serve during the whole term for Charleston district, although that term Preamble. continues for five weeks together, and in all other districts in the State no man can be made to serve longer than six days together, in consequence whereof, all men engaged in private pursuits, and all who can afford to pay the fine, prefer paying that penalty rather than to neglect their business, or submit to confinement for so long a time; by reason whereof, the juries in that district are generally composed of such persons as are least qualified to discharge the important trusts committed to them by the law; for remedy whereof, Jurors, how to 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 at every court hereafter to be held for that district, as many be drawn. petit and common pleas jurors shall be drawn for each week during which the court may by law be allowed to sit, as are now drawn for the whole term, so that the same persons shall never be required to serve longer than six days in the same term; and immediately after the adjournment of each court, the clerk of the said court shall issue a separate venire for |