A. D. 1836.

Acts relating to the City of Charleston.

No. 2688. AN ACT FOR THE BETTER REGULATION OF THE FIRE DEPARTMENT 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, Regulations of fire companies. That all and every fire engine, and other fire company, or company of axemen, hereafter to be incorporated, the members of which are or shall be residents in the city of Charleston, shall be, respectively, subject and liable to the government of such ordinances, rules and regulations, for the management and extinguishment of fires, the preservation and keeping of the fire engines, and other apparatus of the respective companies, in proper order, and for the training, exercising and inspecting of the said fire engine, and other fire companies and their apparatus, as shall be made, ordained and passed by the city council of Charleston, or by the board of fire masters of the city of Charleston, by and with the sanction and approbation of the said city council; Provided, that the said companies shall not respectively be liable to be called out for exercise and inspection, oftener than four times during the year.

II. That no fire company of axemen, hereafter incorporated, shall consist Their number. of more than fifty nor less than thirty men; that neither of the said fire engine companies shall consist of more than eighty nor less than thirty ablebodied and efficient men; and that the members of the said companies shall be exempt from militia duty, except in times of invasion or alarm; Provided, that if the number of the members of either of the said fire engine companies, or other fire company, hereafter to be incorporated, shall, by resignation or otherwise, fall short of the number required by this Act, such company shall lose and forfeit all the privileges granted them by law, and the members thereof shall be liable to perform military duty; and it shall be the duty of the intendant of the city of Charleston to inspect said companies from time to time, and see that they do not consist of a greater or less number of men than is herein prescribed.

bles.

III. And whereas, the duties assigned to the city constables at fires, City Consta- under the fire regulations recently adopted, are arduous and important, the said city constables are hereby exempted from the performance of militia duty, except in times of invasion or alarm; Provided, the same shall not exceed twenty-four.

Fire Masters.

IV. That the fire masters appointed by the city council of Charleston, shall have the exclusive control over, and management of, all fire engines and fire companies, at time of fires, and all persons in any ways employed in working said engines, or in doing duty in said companies, at times of fire, are hereby strictly enjoined and required to obey and perform all orders and directions which they may receive from the said fire masters, and none others; Provided always, that should no fire masters be present, the said persons so employed do obey all orders given them by the intendant and wardens present.

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 ESTABLISHING A LINE BEYOND WHICH THE WHARVES SHALL No. 2691. NOT BE EXTENDED IN THE CITY OF CHARLESTON ;

PURPOSES.

AND FOR OTHER

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 Limits of the line colored red, lettered A. B. C. D. E. F. G. H, as marked and laid wharves. down on a plat of the wharves on the eastern boundary of the city of Charleston, by Charles Parker, the city surveyor, dated the fifth day of November, 1836, be, and the same is hereby, established as the line beyond which no wharf, or other building or structure whatever, shall hereafter be extended; and if any person whatever shall, after the passing of this Act, build, or cause to be built, or aid or assist in causing to be built, any wharf, or other building or structure, beyond the line hereby established, every such person shall, for each and every such offence, forfeit and pay not less than one, nor more than five thousand dollars, and shall moreover be liable to pay fifty dollars for every day such wharf or other structure shall there remain, to be recovered by indictment, action of debt, or information, in the city court of Charleston, or the court of general sessions and common pleas; one half of such penalty to go to the person who may sue for and recover the same, and the remaining half to the city; and the city council shall have power to remove such wharf or other structure, at the expense of the owner thereof.

structions.

II. That if any person shall, by throwing stones, or otherwise, create any obstruction to the navigation in any part of the harbor of Charleston, Penalty for obwithin the corporate limits of the city, every such offender shall be liable to the penalties above prescribed, to be recovered by indictment, action of debt, or information, as aforesaid, and disposed of in the manner above mentioned.

III. That it shall be the duty of the city council of Charleston to cause the aforesaid plat, with the line marked out by the city surveyor aforesaid, Plat to be reto be recorded in the Secretary of State's office, in Charleston, within six months from the passing of this Act.

IV. That all vacant land not legally vested in individuals, in the harbor of Charleston, covered by water, be, and the same is hereby, vested in the city of Charleston for public purposes, but not to be so used or disposed of as to obstruct or injure the navigation of said harbor.

V. That no person, being the owner of any low-water lot or lots, within the corporate limits of the city of Charleston, on the edge of Ashley or Cooper river, shall be allowed to use the same in any manner that may be injurious to the health, comfort or convenience of the citizens; and the city council is hereby authorized to make such regulations, and pass such ordinances, in relation to this subject, as may be necessary and proper; provided always, that private property shall not be taken for the public use by the city council as aforesaid, without just compensation.

corded.

Water Lots.

out.

VI. That any person intending to build or erect any wharf, or to extend the same towards the line hereby established, shall first apply to the city Wharves, how surveyor to mark out and designate the point beyond which the said wharf to be marked or structure shall not be extended; and if any person shall proceed to build or construct any such wharf or structure, without having the extent thereof marked out and designated as aforesaid, such person shall be liable to the penalties imposed by the first section of this Act, to be recovered and disposed of as therein directed.

A. 1). 1837.

Acts relating to the City of Charleston.

VII. That it shall be the special duty of the city surveyor, under the direction of the intendant, to see that all the provisions of this Act be carried into full effect, and that all violations thereof be prosecuted according to law.

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. 2713. AN ACT TO

AUTHORIZE THE COMMISSIONERS OF PUBLIC BUILDINGS FOR CHARLESTON DISTRICT, TO APPLY PART OF THEIR FUNDS TO THE REPAIRS AND EXTENSION OF THE MAIN GUARD HOUSE IN THE CITY OF CHARLESTON; AND FOR OTHER PURPOSES.

I. Be it enacted, by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and it is hereby enacted by the authority of the same, That the board of commissioners appointed to superintend and keep in repair the court house and jail of Charleston district, be, and they are hereby, authorized and impowered, from the monies now in their charge, or which may hereafter be levied and collected under the Act entitled "An Act to provide for the repairing of court houses and jails in the said State," to apply the sum of ten thousand dollars to the repairs and extension of the present guard house in Charleston, or the erection of new buildings on or near the site of the present guard house in the said city; provided, that the city council of Charleston shall appropriate such an amount of money as may be necessary on their part to complete the execution of the plan that may be finally agreed upon between the said city council and the board of commissioners of public buildings for Charleston district, for the improvement of the aforesaid premises.

II. And be it further enacted by the authority aforesaid, That the city council of Charleston be, and they are hereby, authorized and impowered to improve the said premises, and to take down and erect any buildings thereon; provided, that the said city council shall furnish to the Apprentices Library Society, and the Phoenix Fire Engine Company, such buildings in lieu of those now occupied by them on the guard house square, as may be satisfactory to those bodies respectively, and conformably to the arrangements entered into for such exchanges between the said city council and the said society and company.

III. And be it further enacted by the authority aforesaid, That nothing herein contained shall in any manner effect the present use and arrange. ment of the State Arsenal in Broad-street, containing the public arins and munitions of the State, or the free and unobstructed use of that arsenal by the artillery and infantry, and also of all that portion of the guard house square, measuring east of said arsenal seventy-one feet, and in depth one hundred and twenty-eight feet, which division of the aforesaid square shall continue to be occupied by that portion of the militia by

Acts relating to the City of Charleston.

which it is now occupied; subject however, to the privilege by the city council of Charleston, of continuing to use the said ground for the drilling and exercise of the city guard; the said ground, or portion of the guard house square, being hereby declared to be subject to the common use and occupation of the artillery, the infantry and the city guard; provided, that nothing herein contained shall be construed to prevent the State from using or converting to its own use the said lot and buildings thereon, whenever it may be deemed expedient to do so.

IV. Be it further enacted, That for the next two years that assessment of taxes shall be made by the commissioners of public buildings for the judicial district of Charleston, all the parishes in the said district shall be exempt from such assessments, except the parishes of St. Philip and St. Michael; and the said commissioners shall otherwise take care that the whole of the expenditure herein before authorized, shall be borne by the parishes of St. Philip and St. Michael, and are hereby authorized and directed to make their future assessments with a view to that end.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second 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.

A. D. 1837.

AN ACT TO REORGANIZE THE COLLEGE OF CHARLESTON.

WHEREAS, the city council of Charleston and the Trustees of the College of Charleston, have represented by their petition, that to advance the objects for which the said institution was incorporated, they have entered into an agreement for the surrender and transfer to the city council of Charleston, of all the property of the said college; and the said city council have agreed to accept the same, and undertake the re-establishment and maintenance thereof, and they pray for an Act to sanction the said arrangement :

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 trustees of the college of Charleston be, and are hereby, authorized, now, or at any time or times hereafter, to surrender and transfer to the city council of Charleston, all the property, real and personal, of and belonging to the said trustees of the college of Charleston, and also all right and interest granted or belonging to the said trustees, or to the said college, whether to escheat or otherwise, to be held by the said city council of Charleston, in trust forever, to and for the sole use and benefit of the said college of Charleston; and further in trust, that the said city council of Charleston shall and will provide the means to re-establish and maintain the said college, should the income of the college and the tuition fees be inadequate to that object, and so far as they may be so inadequate; and should the exercises of the said college be at any time unavoidably suspended, then so long as they are so suspended, the college fund shall be allowed to accumulate for the future benefit of the institution, and in like manner any surplus income that may at any time annually remain after defraying the expenses of the year, shall form an accumulatVOL. VII.-20.

No. 2733.

A. D. 1837.

Acts relating to the City of Charleston.

ing fund, and be invested to increase the income and extend the benefit of the institution, and shall be applied to no other purpose.

II. Be it further enacted, That the said college of Charleston shall be under the management and direction of a board of twenty-one trustees; that the mayor and recorder of the said city for the time being shall always be ex-officio members of the said board; that three of the said board shall be forthwith elected by the said city council from their own body, to serve as trustees until the next annual election of aldermen; and three trustees shall thereafter be annually elected by the said city council from their own body, immediately after the annual election of aldermen for the said city, and shall hold their office until the next annual election of aldermen; and that the said city council shall forthwith elect from the present board of trustees sixteen persons, who, with such persons as may be hereafter elected in their stead, shall hold the office in the same manner, and for the same term, as it is now held; and the said board of trustees so appointed or elected, and their successors forever, shall be known as a body corporate, and designated in law by the name and title of the Trustees of the College of Charleston, and shall be, and are hereby, vested with all the rights, powers, privileges, authorities and franchises vested in the present board of trustees, either in and by their Act of incorporation, passed on the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one, or by any other law or laws of this State.

III. Be it further enacted, That ten days previous notice being given, the said trustees, and their successors, shall meet on the Monday preceding the third Wednesday in October of every year, or on such other day or days annually as the board of trustees may direct, at the College in Charleston, and shall elect a President of the Board of Trustees, and such other officers as they may deem necessary, to serve for the ensuing year, or until a new election.

IV. Be it further enacted, That any vacancy that may occur in the Board of Trustees, from a vacancy in the Mayoralty or Recordership of the city, shall be filled by the officers respectively, duly elected to these offices, and all other vacancies in the said Board, either by the expiration of the office of the three members of council annnally elect, the Trustees, or by death, resignation or removal from the State, shall be filled by the city council.

V. Be it further enacted, That the Faculty of the said College shall consist of a President and such Professors or Tutors as the Trustees may from time to time appoint; and neither the said President of the College, nor the said Professors or Tutors, during continuance in office, shall be Trustees of the said College.

VI. Be it further enacted, That the said city council of Charleston shall in no case be chargeable for expenses incurred by the said College, except such as shall be sanctioned by them, and for which appropriation shall be made according to law.

VII. Be it further enacted, That such provisions in former Acts of the General Assembly of this State respecting the said College of Charleston, as are repugnant to or inconsistent with this Act, be, and the same are hereby, repealed.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second 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.