Acts relating to the City of Charleston. of any of the provisions of this Act, or a majority of them, should not agree in making the valuation and assessment of the said lands, the Governor for the time being shall nominate and appoint a fit and proper person, as umpire, to make an assessment and valuation of the said land, which assessment and valuation is hereby declared to be final and conclusive, as respects the owners of the soil. V. And be it further enacted by the authority aforesaid, That the valuation and contract for the lands aforesaid, shall be laid before the Legisla ture, at their next session, and shall not be binding on the State until the same be approved of by them. In the Senate House, the sixteenth day of December, in the year of our Lord one thousand eight hundred and fourteen, and in the thirty ninth year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOMAS BENNETT, Speaker of the House of Representatives. A D. 1815. AN ACT TO CONFIRM THE DIVISION OF THE CITY OF CHARLESTON NO. 2086. WHEREAS, by a late decision of the constitutional court, declaring certain ordinances, passed by the city council, nugatory, in consequence of an unauthorized alteration of the wards in 1805, doubts may arise as to the legality of the division made in obedience to the Act of 1809, and other great inconveniences may result to the people of Charleston: 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 the present division of the city of Charleston into four wards or divisions, the boundaries thereof, and the apportionment of wardens for the respective wards, be, and the same are hereby, confirmed; and that all elections of intendants and wardens had, all ordinances passed, and all acts and deeds done by them, on and since the first Monday in September, 1805, be, and the same are hereby, confirmed and made valid and effectual, to all intents and purposes whatsoever; provided such ordinances, acts and deeds be not contrary to nor exceed the powers granted by law to the intendant and wardens of Charleston. II. And be it further enacted by the authority aforesaid, That the territorial jurisdiction of the corporation of the city of Charleston, shall extend to the channel of Cooper and Ashley rivers, its northern boundary being the same as is now declared by law. In the Senate House, the thirteenth day of December, in the year of our Lord one thou⚫ sand eight hundred and fifteen, and in the fortieth year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOMAS BENNETT, Speaker of the House of Representatives. A. D. 1816. Acts relating to the City of Charleston. No. 2113. AN ACT TO OPEN AND EXTEND PINCKNEY-STREET, IN THE CITY OF CHARLESTON, TO MEETING-STREET. WHEREAS, a large majority of the freeholders in the city of Charles. ton, holding lands in the said city, between the western termination of Pinckney-street in the said city, and Meeting-street, are desirous that Pinckney-street should be further extended westwardly, until it intersects Meeting-street, and have petitioned the city council to apply to the Legis. lature to accomplish that object: 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 said street called Pinckney-street, be further extended westwardly, until it intersects Meeting-street, according to the map or plan submitted to the said city council by John Wilson, Esq. city surveyor. II. And be it further enacted by the authority aforesaid, That nine freeholders shall be appointed, the party interested appointing four, and the said city council four, which eight persons shall appoint the ninth, to award full compensation to those who may be injured, and to assess the parties who may be benefitted, after a full and fair examination of the premises, on oath, to accomplish such object; and that upon the death, resignation or refusal to serve of any of the said freeholders, that those who remain and agree to act, shall have full power to nominate a successor or successors, to fill such vacancy in the appointment, and to complete the objects of this Act. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixteen, and in the forty-first year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOMAS BENNETT, Speaker of the House of Representatives. No. 2144. AN ACT TO APPOINT A BOARD OF COMMISSIONERS FOR THE CITY OF CHARLESTON, WITH POWER AND AUTHORITY TO DECLARE IN WHAT CASES THE STREETS, LANES AND ALLEYS OF THE CITY SHALL BE WIDENED; AND TO PROVIDE FOR CARRYING INTO EXECUTION THE OBJECTS OF THE SAID BOARD; AND FOR OTHER PURPOSES THEREIN Streets and alleys, how to be widened. the MENTIONED. 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 same, That from and after the passing of this Act, whenever the city council of Charleston shall think it expedient to widen any street, alley or lane, they shall first submit the plan of the intended improvement to a board of nine commissioners, to be named and appointed, from time to time, by the Legislature; and if approved and sanctioned by the said board, then the said city council shall have full power to purchase the lots fronting on such street, alley or lane, and the fee simple of such lot or lots shall be vested in the city council from the date of the deed of sale. Acts relating to the City of Charleston. A. D. 1817. II. And be it further enacted by the authority aforesaid, That in case any owner or owners of said lot or lots, fronting on such street, alley or to owners of Compensation lane, shall refuse to sell his, her or their lot or lots, or shall demand for the lots. same what may be deemed an unreasonable price by the city council, then the city council shall nominate and appoint not less than three freeholders, resident in the city, who shall meet an equal number, to be named and appointed on the part of the owner or owners, to determine and fix upon the true and real value of such lot or lots, with full power in the commissioners appointed as aforesaid, in case of disagreement, to call in one other commissioner; and on the city council paying the full value of said lot or lots, fixed and determined on in the manner above designated, the fee simple of the said lot or lots shall be vested in them. III. And be it further enacted by the authority aforesaid, That in case of neglect or refusal, on the part of the owner or owners of the lot or lots to be valued, within ten days after the notification in writing, of the appointment of the commissioners, as herein directed, the board of commissioners hereby appointed, or a majority of them, on the application of the city council, are hereby authorized to name and appoint such commissioners, whose decision, in concurrence with those appointed by the city council, shall be final and conclusive. drained or filled up. IV. And be it further enacted by the authority aforesaid, That the city council of the city of Charleston shall have full power and authority, Low lots to be with the concurrence and approbation of the board appointed by the Legislature, to compel the owners of low lots within the said city, to drain the same, if such draining be practicable, or to fill the same to the level of the streets on which such lots are fronting; also to compel the owner or owners of cellars occasionally filled with water, to cause the same to be pumped out, or otherwise carried off, within five days, or to fill up the same, if deemed requisite by the commissioners appointed by this Act, within two weeks from notification being given in writing to such owner or owners; and in case of neglect or default, they shall be subject to such penalties as shall be prescribed by the city council; and in case the owner or owners of such low lot or lots, or cellars, upon such notice being given, shall neglect or refuse to fill up such low lot or lots, or cause the water in their cellars to be pumped out, or otherwise carried off, the same shall be done by the city council; and they are hereby authorized and impowered to issue a warrant, and collect the expenses arising from the same, or the accrued value of such lots. V. And be it further enacted by the authority aforesaid, That the expenses incurred and to be incurred by opening and continuing Pinckney-street Opening of Pinckneyto Meeting street, as the Act of the seventeenth day of December, eighstreet, how to teen hundred and sixteen directs, shall be assessed and collected in the be paid for. same manner and according to the principle followed in the assessment of the expenses incurred by the widening of State-street. appointed. VI. And be it further enacted by the authority aforesaid, That Keating Simons, Thomas Roper, Thomas Bennett, Dr. Joseph Johnson, James Commissioners Jervais, Christopher Fitzsimons, Henry Horlbeck, John C. Faber, and Charles B. Cochran, be, and they are hereby appointed, commissioners for the purpose of carrying into effect the provisions of this Act; and in case of the death, resignation or absence from the State, of any of the said commissioners, it shall and may be lawful for the said board, or a majority of them, to fill up such vacancy or vacancies. VII. And be it further enacted by the authority aforesaid, That the city VOL. VII.-18. A. D. 1817. Broad-street to ed. Acts relating to the City of Charleston. council of Charleston shall be, and they are hereby, impowered to make be straighten- straight the south side of Broad-street, by taking possession of so much of the lot of land belonging to Robert Limehouse as will be necessary for that purpose, upon the city council of Charleston paying the said proprie. tor of the piece of land so to be taken for public use, such assessment or valuation as may be adjudged and assessed by the commissioners, or a majority of them, appointed under this Act; and such assessment shall be final and conclusive. ter to be 60 feet wide. VIII. And whereas, narrow and confined streets, lanes and alleys, are Streets hereaf disadvantageous to every city, exposing buildings so situated to great danger from fire, and the inhabitants thereof, by close and confined air, to malignant diseases: Be it therefore enacted by the authority aforesaid, That from and immediately after the passing of this Act, no street, lane, alley or court, shall be opened, laid out, extended or established, within any part of the city of Charleston, less than sixty feet, and until the same shall be previously approved by the commissioners of the streets of said city. This a public Act. Coroner. IX. And be it further enacted by the authority aforesaid, That this Act shall be deemed and taken as a public Act, and shall and may be given in evidence in any court of law or equity in this State, without being specially pleaded; any thing to the contrary notwithstanding. X. And be it further enacted by the authority aforesaid, That the city council of Charleston shall be, and they are hereby, authorized and impowered to elect, annually, a coroner for the parishes of Saint Philip and Saint Michael, who shall exercise the same power and authority as are vested in coroners by the laws of this State; any law to the contrary thereof notwithstanding. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand eight hundred and seventeen, and in the forty-second year of the Independence of the United States of America. JAMES R. PRINGLE, President of the Senate. THOMAS BENNETT, Speaker of the House of Representatives. No 2145. AN ACT TO ALTER AND AMEND SO MUCH OF THE SECOND CLAUSE OF of voters. THE CHARTER INCORPORATING THE CITY OF CHARLESTON, AS RELATES TO THE QUALIFICATION OF VOTERS FOR INTENDANT AND WARDENS; AND FOR OTHER PURPOSES THEREIN MENTIONED. I. Be it enacted, by the Honorable the Senate and House of RepresentaQualification tives, now met and sitting in General Assembly, and by the authority of the same, That from and immediately after the passing of this Act, all free white inhabitants of the city of Charleston, who are constitutionally qualified to vote for members to represent the State in either branch of the Legislature, shall and may be entitled to vote for intendant and wardens of the said city of Charleston. II. And be it further enacted by the authority aforesaid, That three months preceding such election, a book shall be opened by the city treasurer, (of which he shall give due notice,) in which the names of all Acts relating to the City of Charleston. A. D. 1817. Names to be registered, &c. persons who have not paid a tax to the city for the preceding year, shall be inscribed at least one month before such election, which book shall be placed by the city treasurer in the hands of the managers of such election, and no person whose name is not found on the tax books of the city for the preceding year, or on the register or book hereby directed to be opened, shall be permitted by the said managers to vote at such election; and the managers of such election are hereby authorized and empowered to administer, if they shall see fit, an oath, to any person or persons offering to vote, and to make all other necessary inquiries for the purpose of ascertaining whether such person or persons are qualified to vote under this law. III. And be it further enacted by the authority aforesaid, That it shall be the duty of the city treasurer, previous to such election, to cause to be List to be transcribed from the city tax books, the names of all persons who shall have paid a tax to the city for the preceding year, with a list of the names of such persons as have not paid a tax, but have enrolled their names as directed by this Act, and to transmit the same to the managers of said election, previous to the day of such election. made out. elected by IV. And be it enacted by the authority aforesad, That if any person or persons shall be convicted of having wilfully taken a false oath before Persons swearnig falsely, such managers of such elections, he or they shall be liable to a prosecution how punished. for perjury, and on conviction, shall be subject to all the pains and penalties which are by law inflicted upon those who are convicted of that offence. V. And be it further enacted by the authority aforesaid, That the wardens of the city of Charleston shall hereafter be elected by a general ticket, in the manner following, that is to say; the city council of Charles- Wardens to be ton shall appoint such places of election as they may think proper, where general ticket. all the citizens legally entitled to vote may attend and give their suffrages. That the three candidates in ward No. one, who shall have the highest number of all the votes given in the city, shall be declared duly elected wardens for ward No. one; the two Candidates in ward No. two, who shall have the highest number of votes as aforesaid, shall be declared duly elected wardens for ward No. two; the three candidates in ward No. three, who shall have the highest number of votes as aforesaid, shall be declared duly elected wardens for ward No. three; and the four candidates in ward No. four, who shall have the highest number of votes as aforesaid, shall be declared duly elected wardens for ward No. four; and the same rule shall be observed whenever the number of wardens for any of the said wards shall be increased or diminished, as is prescribed by an Act passed for the purpose of fixing the representation from time [to time] within the said city. of Charleston; Provided, that the persons so to be elected for each ward, shall at the time of election, in addition to the other qualifications prescribed by law, be residents of the ward for which they are elected; and that on removal from the same, his or their office shall become vacant, and a new election be ordered by the city council of Charleston. Election of VI. And be it further enacted by the authority aforesaid, That the election for an intendant of the city of Charleston, shall be held on the same Intendant. day and at the same places at which the election for wardens shall be held; and that the intendant then in office shall continue to act until his successor shall attend and qualify. In the Senate House, the eighteenth day of December, in the year of our Lord one thou. sand eight hundred and seventeen, and in the forty-second year of the Independence of the United States of America, JAMES R. PRINGLE, President of the Senate. THOMAS BENNETT, Speaker of the House of Representatives. |