Acts relating to the City of Charleston. A. D. 1833. AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO EXEMPT THE No. 2604. I. Be it enacted, by the honorable the Senate and House of Rep resentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That an Act entitled "An Act to exempt the members of the Vigilant, Phoenix, Ætna, and Charleston Fire Engine Companies of Charleston, from jury duty," passed the seventeenth day of December, in the year of our Lord one thousand eight hundred and thirty-one, be, and the same is hereby, repealed. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-three, and in the fifty-eighth year of the Independence of the United States of America. H. DEAS, President of the Senate. PATRICK NOBLE, Speaker of the House of Representatives. AN ACT TO AUTHORIZE THE CITY COUNCIL OF CHARLESTON TO SHUT No. 2651. UP CERTAIN STREETS NEAR THE MARKET IN CHARLESTON; AND FOR OTHER PURPOSES. 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 the city council of Charleston be, and they are hereby, authorized and impowered to shut up, close and discontinue, any of the streets, lanes and alleys, within the square in the city of Charleston, bounded by Pinckney-street on the north, Anson-street on the east, Market-street on the south, and Meeting-street on the west; and to open, lay out, extend and establish any new streets, lanes or alleys, within those limits, of such width and dimensions as by the said city council may be deemed expedient. II. And be it further enacted, That the lands now forming any of the streets, lanes and alleys within the limits herein designated, which may be shut up, closed and discontinued by the city council, under the authority of this Act, be, and the same are hereby, vested in the city council of Charleston in fee simple. III. And be it further enacted, That in case any owner or owners of any lot or lots in fee simple or in leasehold, with the building or buildings thereon, fronting on such street, lane or alley, which may be closed up and discontinued under the authority of this Act, or through which any new street may pass or be made, shall refuse to sell his, her or their lot or lots, leasehold or buildings, or shall demand for the same what may be deemed by the city council an unreasonable price, 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 such owner or owners, to determine and fix upon the true and real value of such lot or lots, leasehold or buildings, with the full power in the commissioners appointed as aforesaid, in case of disagreement, to call in VOL. VII.-19. A. D. 1835. Acts relating to the City of Charleston. one other commissioner; and on the city council paying the full value of such lot or lots, leasehold or buildings, fixed and determined in the manner above designated, the absolute estate of the said lot or lots, leasehold and buildings, shall be vested in them. IV. And be it further enacted, That in case of the neglect or refusal of the owner or owners of the lot or lots, leasehold or buildings, to be valued as aforesaid, to appoint freeholders on their part, to meet those appointed by the city council, within ten days after notification in writing of the appointment of the commissioners on the part of the city council, the board of commissioners appointed under the Act of 1817, to declare in what cases streets, lanes and alleys of the city of Charleston shall be widened, on the application of the city council, are hereby authorized to name and appoint commissioners to act on the part of such owner or owners, equal in number to those appointed by the council; and full power is hereby given to a majority of said joint commissioners, in case of disagreement as to the value of said lot or lots, leasehold or buildings, to call in one other commissioner, and the decision of a majority of said joint commissioners, or of said additional commissioner, so called in, upon their disagreement as aforesaid, shall be final and conclusive. V. And be it further enacted, That all Acts and parts of Acts repugnant hereto, be, and the same are hereby, repealed. VI. And be it further enacted, That the field officers of the 4th brigade, residing in the city of Charleston, be, and are hereby, authorized, by and with the sanction and consent of the city council of Charleston, and Dr. Henry Boylston, to enclose Inspection-street at both ends, with gates, and to regulate the use of said street in such manner as they may deem proper. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of the Senate. PATRICK NOBLE, Speaker of the House of Representatives. No. 2674. AN ACT IN RELATION TO MITCHELL'S ALLEY, IN THE CITY OF CHARLESTON. 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 the city council of Charleston, if the said council concur in the expedience of the measure, be, and the same is hereby, authorized and impowered to cause Mitchell's alley, running from East Bay-street to Bedon's alley, in the city of Charleston, to be permanently closed up at that end of Mitchell's alley which terminates at Bedon's alley; the expense whereof shall be defrayed by the owners of lands and buildings adjacent to the last mentioned alley. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives. Acts relating to the City of Charleston. A. D. 1836. AN ACT TO AUTHORIZE THE CITY COUNCIL OF CHARLESTON TO TAX No. 2675. 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 the city council of Charleston shall be, and they are hereby, vested with power and authority to levy and collect such assessments and taxes on the income and profit of persons resident without the limits of the city of Charleston, derived from the pursuit of any faculty, profession or occupation conducted within the limits of the said city, as the said city council may deem expedient for the safety, convenience, benefit and advantage of the said city provided, that no tax imposed upon the said persons, SO resident without the city, shall be at a greater rate than that laid upon persons resident within the same. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives. AN ACT TO AUTHORIZE THE CITY COUNCIL OF CHARLESTON TO CLOSE No. 2676. AMEN-STREET IN CHARLESTON; AND FOR OTHER PURPOSES. 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 the city council of Charleston be, and they are hereby, authorized and empowered to shut up, close and discontinue Amen-street, extending from Church-street to East Bay, in the city of Charleston, or such part thereof as the said city council may deem expedient. II. That in case any owner or owners of any lot or lots, in fee simple or in leasehold, with the buildings thereon, fronting on said Amen-street, which may be closed up and discontinued under the authority of this Act, shall refuse to sell his, her or their lot or lots, leasehold or buildings, or shall demand for the same what may be deemed by the city council an unreasonable price, 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 such owner or owners, to determine and fix upon the true and real value of such lot or lots, leasehold or buildings, with full power in a majority of 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 such lot or lots, leasehold or buildings, fixed and determined in the manner above designated, the absolute estate of the said lot or lots, leasehold and buildings, shall be ves. ted in the said city council. III. That in case of the neglect or refusal of the owner or owners of the A. 11. 1836. Acts relating to the City of Charleston. lot or lots, leasehold or buildings, to be valued as aforesaid, to appoint freeholders on their part, to meet those appointed by the city council, within ten days after notification in writing of the appointment of the commissioners on the part of the city council, the board of commissioners appointed under the Act of eighteen hundred and seventeen, to declare in what cases streets, lanes and alleys, of the city of Charleston, shall be widened, on the application of the city council, are hereby authorized to name and appoint commissioners to act on the part of such owner or owners, equal in number to those appointed by the council; and full power is hereby given to a majority of the said joint commissioners, in case of disagreement as to the value of such lot or lots, leasehold or buildings, to call in another commissioner; and the decision of a majority of the said joint commissioners, or of said additional commissioner, so called in upon their disagreement as aforesaid, shall be final and conclusive. IV. That in case of the refusal of the commissioners appointed on the part of the owner or owners of any of the lots, leasehold or buildings, in case of disagreement with the commissioners on the part of the city council, to call in one other commissioner as aforesaid, in the second clause of this Act, it shall and may be lawful for the said commissioners under the Act of eighteen hundred and seventeen, to call in such other commissioner, whose award shall be final. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives. No. 2680. AN ACT TO ALTER AND AMEND THE CHARTER OF THE CITY OF CHARLESTON; AND FOR OTHER PURPOSES THEREIN MENTIONED. Title of city council changed. 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 the name and title of the intendant and wardens of the respective wards in the city of Charleston, as expressed in the Act passed the thirteenth day of August, one thousand seven hundred and eighty-three, entitled "An Act to incorporate Charleston," and in all other Acts to amend the Charter of the city, be changed to the name and title of the Mayor and Aldermen of the respective wards in the city of Charleston; and all laws of the State, and ordinances of the city council of Charleston, relating to the powers, election and term of office and duties of the said intendant and wardens, shall be, and the same are hereby, made of force in relation to the Mayor and Aldermen of the city of Charleston, in the same manner as if they, or either of them, had been therein specifically named by that title; and the said Mayor and Aldermen shall meet together in city council with the same powers and authority as the said intendant and wardens under the Act before mentioned. II. That the said Mayor and Aldermen of the city of Charleston shall Their powers. be, and are hereby, respectively vested with, and shall exercise, the same Acts relating to the City of Charleston. A. D. 1836. powers and authority that are now vested in and exercised by the intendant and wardens of the wards of the city of Charleston, under any of the Acts of Assembly and ordinances of the city council of Charleston. III. That so much of the ninth section of the said Act entitled " An Act to incorporate Charleston," as declares " no person shall be eligible of Mayor. to serve as intendant, (changed by this Act into the title of Mayor) for more than three years in any term of five years," be, and the same is hereby, repealed. Re-eligibility IV. That the said Mayor of the city of Charleston shall have power to issue warrants, and cause all offenders against law to be brought before Mayor to hold Police Court. him, at the police court established under the ordinances of the city council of Charleston, or at such other time and place as he may direct, and either to release, admit to bail, (if the offence be bailable,) or commit to the custody of the sheriff of Charleston district, who is hereby commanded and required to receive the same, and keep in safe custody until discharg ed by due course of law; and the said Mayor shall, within the corporate limits of the city, have and exercise all the powers of a Justice of the Quorum; and the said Mayor shall and may, by compulsory process, enforce the attendance of witnesses who may be required to give testimony before the said police court; and shall and may punish as for contempt all persons who may, in the presence of the said court, be guilty of any riotous or disorderly conduct, or who may in any other manner unlawfully inter. rupt the proceedings of the said police court. V. That in case of the sickness or temporary absence of the Mayor of the said city, the Aldermen shall appoint one of their number to act as In case of the Mayor pro tempore, who shall for the time being exercise the powers and absence of the Mayor. duties vested in the Mayor; and the duty of the Mayor in holding the police court, during such sickness or temporary absence of the Mayor, shall devolve on the Aldermen in rotation; and the said Mayor shall not, by virtue of any temporary absence from the State with the consent of the city council, vacate his office. VI. That the city council of Charleston shall have power to levy fines for all offences against their ordinances and bye-laws now existing, or which may hereafter be passed, to any amount not exceeding one thousand dollars for each such offence, to be recoverable in the city court of Charleston, or any other court having jurisdiction. VII. It shall not be lawful for any officer or non-commissioned officer of the city guard to exercise any of the powers of a Magistrate, in any case of complaint by or against the said city guard, or any officer or member thereof. Fines. VIII. That no amendment to the charter of the said city, or alteration of any of the laws relating to the city of Charleston, which require the Amendments of sanction of the Legislature, shall hereafter be made, unless the substance the city charof the amendment or alteration be published in some gazette of the city, for thirty days previous to the application for such amendment or alteration. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America, PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives. ter. |