A. D. 1810.

&c.

Acts relating to the City of Charleston.

XII. And be it further enacted by the authority aforesaid, That the said Company may company shall have power to purchase, for themselves and their successors purchase land, for ever, such land as may be necessary for the purpose of widening the said street called Union-street, and the said alley called Unity alley; and when the said company and the owners of such land cannot agree for the same, to take such land on a valuation or appraisement, made in the manner and form prescribed by the clause of this Act for the widening of Motte-street; which land shall, on the payment of the sum at which it shall be so valued and appraised, be possessed by and become vested in the said company and their successors for ever; and that the stock and shares may be sold, transferred, assigned and bequeathed by the proprietors, respectively; and in case of their dying intestate, shall go as personal estate, according to law.

XIII. And be it enacted by the authority aforesaid, That the said comHouses to be pany and proprietors be, and they are hereby, required to erect, or cause built of brick. to be erected, on the lots in the said street and alley, only buildings of brick or other incombustible materials; provided, it shall be at the option of the said proprietors of the lots in the said street or alley, either to conform thereto, or to sell and dispose of their lots to the said company; and the said company be, and they are hereby, required to purchase the same, on a valuation or appraisement, made in the manner and form before specified.

XIV. And be it further enacted by the authority aforesaid, That if This a public any person shall be sued for any matter or thing done in pursuance of this Act, he may plead the general issue, and give this Act and the special matter in evidence; that this Act shall be deemed and taken to be a public Act.

Act.

Charter, in

what case to cease.

XV. And be it further enacted by the authority aforesaid, That all rights and privileges hereby granted to said corporation, together with the charter of incorporation hereby granted, shall cease and determine, unless the persons associating as members of said corporation shall, within six months, commence and prosecute the said work; and if the said company should so forfeit their charter, the intendant and wardens of the city of Charleston shall be, and are hereby, impowered to proceed to widen the said street and alley, in manner and form as is before prescribed for the widening of Motte-street.

XVI. And be it further enacted, That all Acts or parts of Acts, repugnant to this Act, shall be, and is hereby, repealed.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and ten, and in the thirty-fifth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

Acts relating to the City of Charleston.

A. D. 1811.

AN ACT TO AUTHORIZE THE WIDENING OF STATE, LATE MOTTE AND No. 1985. UNION-STREETS, IN THE CITY OF CHARLESTON, IN SUCH MANNER AND

UNDER SUCH PROVISIONS AS ARE HEREIN SPECIFIED.

WHEREAS, at the last session of the Legislature of this State, an Act was passed, entitled "An Act to authorize the intendant and wardens of Charleston, to widen Motte-street, and for other purposes;" and whereas, the said Act has proved to be impracticable and inexpedient.

Preamble.

State-street to

I. Therefore, be it enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the autho- be laid out. rity of the same, That commissioners herein appointed be, and they are hereby, authorized to widen and lay out State-street, late Motte and Unionstreets, in the city of Charleston, in conformity with a plan and plat made by J. Wilson, dated the fifteenth day of November, one thousand eight hundred and eleven, and to be recorded in the office of the Secretary of State, for the information of all concerned.

II. And be it further enacted by the authority aforesaid, That the said Compensation commissioners be, and they are hereby, authorized and required to ascer- to owners of tain and assess the damage which may be sustained by the owners of lots lands used. situate in the aforesaid streets, or any of them, by reason and in consequence of the widening of the said street; and that the said damage or injury being ascertained by the commissioners aforesaid, the city of Charleston shall be, and it is hereby, required, by the intendant and wardens thereof, to defray one half of the amount of the damage aforesaid, in consideration of the general benefit resulting from the widening of the aforesaid street; and that the other half or moiety of the expense attending the aforesaid measure, be assessed upon the owners of lots in the aforesaid State-street, in consequence of their particular and local advantages resulting therefrom; and that the said owners of lots be, and they are hereby, required to defray one half of the aforesaid assessment.

III. And be it further enacted, That whenever a lot shall have been so much reduced and injured by the widening of the said street, as to be unfit for convenient buildings, and thereby greatly injured, the commissioners shall be impowered and required to take the whole lot at the expense and for the benefit of the city of Charleston; that James Nicholson, Bartholomew Carroll, Thomas Bennet, jr. John Horlbeck, jr. Basil Leneau and Dr. Joseph Kirkland, be, and they are hereby, authorized and empow ered to assess and make a true estimate of the damages which shall be sustained by the owners of lots and houses lying on or near the said street, or any other person, by reason of the widening of the said street; one half of which said damages shall be made and paid by the intendant and wardens of the city of Charleston, and the other half to be made and paid by the proprietors of land on both sides of the said street.

Assessors ap

pointed.

IV. And be it further enacted by the authority aforesaid, That should Vacancies,

any of the persons above named as commissioners, die, remove or decline how to be serving before they shall have assessed the damages aforesaid, then and in filled. that case, his Excellency the Governor for the time being, shall be, and he is hereby, authorized to nominate and appoint some fit and proper person to fill up such vacancy, occasioned by the death, removal or declining to serve, of any of the above named commissioners, or by the death, removal or declining to serve, of any of the commissioners who shall or may be appointed by the Governor in conformity to this Act.

A. D. 1811.

Act.

Acts relating to the City of Charleston.

V. And be it further enacted by the authority aforesaid, That this Act This a public shall be deemed and taken as a public Act, and shall and may be given in evidence in any of the courts of Law or Equity in this State, without being specially pleaded; any thing to the contrary notwithstanding.

VI. And be it further enacted by the authority aforesaid, That any and every law or laws contrary or repugnant to this Act, be, and the same are hereby, repealed.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives

No. 1989. AN ACT TO AUTHORIZE THE COMMISSIONERS OF THE ORPHAN HOUSE OF CHARLESTON TO SELECT THE NUMBER OF YOUTHS THEREIN MENTIONED, FROM THOSE EDUCATED AND MAINTAINED ON THE BOUNTY OF THAT INSTITUTION, WHO SHALL BE ALLOWED ΤΟ COMPLETE THEIR EDUCATION AT THE SOUTH CAROLINA COLLEGE.

WHEREAS, from the number of orphan children from every part of this State, educated and supported by the munificence of the citizens of Charleston, in the Orphan House of that city, an ample opportunity is offered of making a judicious selection of talents and genius; in order, there. iore, to further the patriotic and liberal views of the patrons of that institution,

I. Be it enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au thority of the same, That from and immediately after the passing of this Act, the commissioners of the Orphan House in the city of Charleston hall be, and they are hereby, authorized and empowered to select, annually, one youth from the number educated and maintained on the bounty of that institution, for the purpose of completing his education at the South Carolina College, graduate and receive the degrees conferred at the said College.

II. And be it further enacted by the authority aforesaid, That the Trustees, the President and Professors, shall be, and they are hereby, directed to receive and cause to be educated and allowed to graduate at the South Carolina College, the boys to be selected as aforesaid; subject, nevertheless, to all the rules, orders and regulations of the said South Carolina College.

III. And be it further enacted by the authority aforesaid, That all expense incident to the education and maintenance of the said boys so to be selected, (clothing excepted,) shall be defrayed from the amount annually appropriated by the Legislature to the South Carolina College.

IV. And be it further enacted by the authority aforesaid, That as the youths so chosen shall graduate, or in case of the death, expulsion or

Acts relating to the City of Charleston.

removal of them, or any of them, the commissioners aforesaid are hereby authorized and impowered to fill up any vacancy occasioned thereby.

V. And be it further enacted by the authority aforesaid, That the sum of one hundred and forty dollars be, and is hereby, annually appropriated for the cloathing of each of the said boys while they remain at the said College; Provided nevertheless, that they shall not continue beyond the term usually allowed to candidates for the first degree.

VI. And be it further enacted by the authority aforesaid, That all Acts and parts of Acts repugnant hereto, be, and the same are hereby, repealed.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

A. D. 1812.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AUTHORIZE THE No. 2016. OPENING AND WIDENING OF STATE,LATE MOTTE AND UNION-STREETS,

IN THE CITY OF CHARLESTON, IN SUCH MANNER AND UNDER SUCH

PROVISIONS AS ARE HEREIN SPECIFIED.

WHEREAS, by an Act passed on the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, entitled "An Act to authorize the opening and widening of State, late Motte and Union-streets, in the city of Charleston, in such manner and under such provisions as are herein specified," it is provided that owners of lots in the aforesaid street shall pay one half or moiety of the damages to be assessed by the commissioners therein appointed, in consequence of their particular and local advantage resulting therefrom; but no provision is therein made to enforce the payment of their respective proportions of the assessment, to be made by the said commissioners, nor for making final their assessment, made pursuant to the said Act.

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the autho rity of the same, That the assessments which have, or may hereafter be made, by the commissioners appointed and empowered to assess and make an estimate of the damages which shall or may be sustained by owners of lots and houses lying on or near the said street,, or any other person, by reason of the widening of the said street, be, and the same is hereby declared to be, final and conclusive between all and every person or persons interested therein; and if any person or persons who are or may hereafter be liable to pay any part or portion of the assessment made or to be made by the said commissioners in pursuance of the aforesaid Act, shall, after having had ten days notice of the amount of his or their proportion of the said assessment, refuse to pay and satisfy the same, it shall and may be lawful for the intendant and wardens of the city of Charleston to advertise and sell, according to the laws regulating sheriffs sales, all and every such house or houses, lot or lots, on account of which any proportion of

A, D. 1814.

Acts relating to the City of Charleston.

the said assessment may be due or owing, returning the overplus, (if any should remain after the payment of the fees accruing on such sale,) to the person entitled to receive the same; and the said houses and lots, and each and every of them, are hereby declared to be bound for and chargeable with the payment of their respective proportions of the said assess

ments.

II. And be it further enacted by the authority aforesaid, That the said commissioners shall be, and they are hereby, authorized and empowered to take possession of every lot or lots, part or parts of lots or lots, and to remove all houses, buildings, fences or other obstructions therefrom, as may be necessary for the opening and widening of the said streets.

In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and twelve, and in the thirty-seventh year of the independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

No. 2059, AN ACT TO APPOINT CERTAIN COMMISSIONERS FOR THE PURPOSE OF ASSESSING THE VALUE OF CERTAIN LANDS IN THE PARISH OF ST. PHILIP'S, ON WHICH FORTIFICATIONS ARE NOW ERECTING FOR THE DEFENCE OF CHARLESTON; AND FOR OTHER PURPOSES THEREIN MEN

TIONED.

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 Keating Simons, Robert Little, Barth. Carroll, John J. Bulaw, and Samuel Robertson, shall be, and they are hereby, appointed commissioners to assess the lands in the parish of St. Philip's, in the district of Charleston, on which fortifications are now erecting for the defence of Charleston on the land side, and also such a number of feet, both in front and rear of the said works, as by them may be deemed necessary for the defence and protection of the same, and to contract with the owners of the said lands for the purchase thereof for the use of the State.

II. And be it further enacted by the authority aforesaid, That in case the owners of the said lands be not satisfied with the assessment and valuation made by the commissioners above mentioned, that they are hereby authorized, impowered and required, to appoint an equal number of commissioners with those above named, on their part, for the purpose of making the valuation of the said lands; and that the commissioners above named, and such as may be appointed by the owners of the said lands, or a majority of them, shall value and assess the same.

III. And be it further enacted by the authority aforesaid, That in case of vacancies happening in the number of commissioners above named, by death, resignation, or otherwise, the Governor for the time being shall fill such vacancy or vacancies, by appointment.

IV. And be it further enacted by the authority aforesaid, That in case the commissioners named, and those who may be appointed in pursuance