Acts relating to the City of Charleston. A. D. 1700. VII. And be it further enacted by the authority aforesaid, That the commissioners hereafter named, or any five of them, shall, every year, on Examination. the fifth day of November, resort to the house built for the incumbent of Charlestown, where the said library shall be kept, and there examine the books thereof by the catalogue, and see that there be the full number, and that they are not damnified nor spoiled: And therefor, the incumbent is hereby required, in lending of any of the several books out of the said library, notwithstanding the time usually allowed by this Act, to oblige the said persons to return all such books as they borrow, to the said incumbent, ten days before the said fifth day of November, that so all and singular the books belonging to the library aforesaid, may be exposed to the view of the said commissioners, the better to enable them to judge if they are any way damnified or spoiled, and to give their order accordingly. VIII. And be it further enacted by the authority aforesaid, That James Moore, Esq., now Governor of Carolina, Joseph Morton, Nicholas Trott, Names of comRalph Izard, Esqrs., Capt. Job Howes, Capt. Thomas Smith, Mr. Robert missioners. Stevens, Mr. Joseph Croskeys, and Mr. Robert Fenwicke, or any five of them, be, and are hereby nominated to be, commissioners and trustees, for the due inspection and preservation of the library aforesaid, and all and singular the respective books to the same belonging: And they, or any five of them, shall have power to commence or bring any suit or action given by this Act: And in case, by death or absence, there be not five of the said commissioners in this Province, that the Governor for the Vacancy, how to be filled. time being shall nominate such person or persons as shall make the number of the commissioners five, which shall have all the power given the said commissioners in this Act, and shall so continue till the next meeting of the General Assembly of this Province, who shall then chose so many persons as shall make up the full number of nine; which persons so chosen by an ordinance of a General Assembly, shall, and are hereby declared to, be the commissioners and trustees required by this Act; and they, or any five of them, to have and execute all and singular the powers given the commissioners above named by this Act. be summoned. IX. And be it further enacted by the authority aforesaid, That the commissioners above named, after having examined the respective books Defaulters to belonging to the library aforesaid, if they find any books wanting, shall summons such persons as have the said books in their custody, to deliver the same in twenty days after such notice in writing left with the persons, or their places of abode; and in case any persons shall fail or refuse to deliver the said respective books to the said commissioners, or any five of them, that upon complaint being made by the said commissioners, or any five of them, to the chief justice of this Province, for the time being, or any two justices of the peace, against such persons refusing to deliver the said books, that the said chief justice, or any two justices of the peace, are hereby authorized, impowered and required, by warrant of distress, directed to any of the constables of this Province, to levy to the treble value of such respective book or books, on the goods and chattels of the person or persons so refusing the same, and to make sale of the same, rendering the overplus to the owner; and for want of such distress, to commit the persons to prison till satisfaction be made. X. And be it further enacted by the authority aforesaid, That all persons that have borrowed or have in their custody any of the books be- Books to be longing to the provincial library aforesaid, shall, on or before the first day returned by 1st January. of January next, return the same to the present incumbent of Charlestown, upon the penalty of the forfeiture of treble the value of each book A. D. 1700. Acts relating to the City of Charleston. not returned as aforesaid, the better to enable the commissioners before named to make a perfect catalogue of the books belonging to the library aforesaid. Read three times, and ratified in open Assembly, November 16, 1700. JAMES MOORE, (L. S.) EDMD. BELLINGER, (L. S.) No. 173. AN ACT TO PREVENT THE SEA'S FURTHER Preamble. be built. ENCROACHMENT UPON THE WHARFF OF CHARLESTOWN. WHEREAS, the seas, in a few years last past, by frequent storms, hath undermined and broken down more of the bank bounding upon Cooper river, before Charlestown, than is now standing, and will probably in a few years, (if timely care be not taken,) break down and carry away all the remaining wharff, with the houses next thereon standing; for the prevention thereof, I. Be it enacted, by his Excellency John Earl of Bath, Palatine, and Brick walls to the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the South-west part of this Province, and it is enacted by the authority of the same, That every person or persons which hold, by what title soever, any lot or lots, or part of any lot or lots, which joyn next immediately to that part of the northermost end of the fort to the northermost part of Col. Robert Daniel's northermost lot, butting upon Cooper river, shall, within twenty-four months next after the ratification hereof, make, or cause to be made, before so much of the wharff as lies before all the land he hath pointing to Cooper river, within the limits aforesaid, a brick wall, the length of four bricks thick at least, at the foundation, and two bricks and a half thick at top, in such manner as is hereafter provided; and the said wall, with the filling up, shall be kept in repair at the sole costs and charges of every respective owner thereof. Stairs and wharfs. III. And be it further enacted, That every person as aforesaid shall have liberty to make such and so many stairs and places for conveniency of ascent to the top of his respective wall, and also wharffs to low-water marks, as he shall think fit; provided, the said stairs or wharffs do not weaken the said wall. V. And be it further enacted by the authority aforesaid, That no perNo house to be sons whatsoever shall, upon any pretensions whatsoever, erect or build erected to the any house or edifice than what in this Act is directed, on the bay of eastward of the Charlestown, to the Eastward of the said wall; and if any person or said wall. persons whatsoever shall presume to build or erect any house or edifice to the Eastward of the said wall, as aforesaid, shall forfeit the sum of five hundred pounds, to be recovered by bill, plaint or information, in any court of record within this part of the Province, wherein no essoign, Acts relating to the City of Charleston. priviledge, delay, protection or wager of law, shall be allowed or admitted, one moiety or half part thereof to be paid into the hands of the receiver, for the public use of this Province, and the other half part to such person or persons that shall or will inform or sue for the same. A.D. 1700. ment for build VII. And for the further encouragement of the owners of the front lots, Be it also enacted, That every owner that hath or shall hereafter build Encouragea brick house at least two stories high, are hereby permitted and impow-ing. ered to build piazzas, not exceeding six foot, in the said wharff or front lots, with steps in the said piazzas up to the said house. the eastward of XII. Be it enacted, That all the grants of any lot or lots, lying to the Grants of lots to Eastward of the same front part, to any person or persons whatsoever, the wall null are hereby declared null and void; any thing in the said grant contained and void. to the contrary notwithstanding. (Sections II. IV. VI. VIII. IX. X. XI. and part of XII. not to be found.) Read three times, and ratified in open Assembly, November 16, 1700. AN ACT FOR SETTLING A WATCH IN CHARLESTOWN, AND FOR PRE- No. 190. VENTING OF FIRES AND NUSANCES IN THE SAME, AND FOR THE SECURING TWENTY FOOT ON EACH SIDE THE HALFE-MOON, FOR PUBLICK LANDING PLACES. FORASMUCH as the constables have been very remiss and negligent in keeping the watch in Charlestown, which at all times ought to be duly Preamble. and strictly observed and performed, more especially since the late fatall and dismall conflagration, and for the better preservation of the said town, and for keeping good orders, and a more carefull and strict watch therein(Section I. too much mutilated.) nish a watch. II. And whereas, severall houses in Charlestown are inhabited by families amongst whom are no male persons, but are well able to bear the Families to furcharges of hiring a man to watch, Be it enacted, That every such family shall find a man to watch, and the counstables in the lyst aforesaid shall returne such familys, and every such person so returned that shall neglect or refuse to send an able man, as is hereafter provided, shall forfeit the same sume, to be recovered in such manner and forme, and for such use, as the forfeitures of those that shall neglect to watch in their own person; and the aforesaid counstables shall have such fees as in the Act of small and mean causes. Watch-house III. And be it further enacted by the authority aforesaid, That the commissioners hereafter nominated, or any three of them, are hereby to be built. impowered to build a brick watch house, capable of containing thirty men, with arms, and so many centry boxes as they shall think necessary VOL. VII.-3. A. D. 1701. Substitute to Acts relating to the City of Charleston. for the better security of the watch, and the same shall order to be placed in such places in Charlestown as they shall think fitt; and the commissioners aforesaid, or any three of them, are hereby impowered, by an order under their hands to the public receiver, to draw out of the public treasury such sume or sumes of money, for building the said brick house and boxes, as shall be expended therein. IV. And that none but good, able, and sufficient men may be by any person imployed to watch in his stead and place, Be it enacted, That no person shall put any man to watch in his stead which shall not be be approved of, first allowed and approved of by a certificate under the hand of a justice of peace, in Charlestown; and every person which shall send any man to watch for him not approved of as aforesaid, shall forfeit as if he had not watched, or not provided any man in his room. Person sleeping on watch, V. And be it further enacted, That any person or persons whatsoever, found sleeping upon watch as aforesaid, being convicted thereof before a justice of the peace, shall forfeit forty shillings, one moyety thereof to be paid into the hands of the publick receiver, for the use of the publick, and the other moyety or halfe part to him or them that will informe and sue for the same; and if any person aforesaid, being found sleeping as aforesaid, and convicted as aforesaid, shall refuse and deny to pay the forfeiture as aforesaid, shall, by order of the justice, be tyed neck and heels, two hours next morning, after such conviction. VI. And whereas, negroes frequently absent themselves from their Negroes when master's or overseer's houses, caballing, pilfering, stealing and playing the to be taken up. rogue, at unseasonable hours of the night, Be it therefore enacted, That any counstable or his deputy, meeting with any negro or slave, belonging to Charlestown, at such unseasonable times as aforesaid, which cannot give a good and satisfactory account of his business, the said counstable or his deputy, is required to keep the said negro or slave in safe custody till next morning; and first having caused the said negro or slave to be severely whipt, then to bring the said negro or negroes to their said master or masters, or owners of said slaves; and for so doeing, each master, masters or owners, shall pay unto the said counstable or his deputy, two shillings and six pence for each negro or slave: And if any counstable or deputy counstable shall refuse or neglect to whip, or cause to be whipt, such negro or slave, after taken as aforesaid, shall forfeit for each refusall or neglect, the sum of two shillings and sixpence, to him or them that shall informe for the same, to be levyed by a warrant under the hand and seal of any justice of the peace, directed to a counstable for that pur Duty of constables. Lots to be cleared. pose. VII. And be it further enacted, That every person that hath in possession, or doth own or clayme any right, title or interest to any lott or lotts, halfe lotts or lessor part of any lott or lotts in Charlestown, within a straight line drawn from the head of Coll. Daniels's creek to the head of the marsh going down to the old burial place, where the commissioners hereafter shall appoint, some time within three months after the ratification of this Act, and so for every six months, shall cutt down and burn all young pine trees or pine bushes, and by the roots dig up all other sorts of bushes, brushes, all weeds and under wood, and the same burn or carry off, which are growing or lying upon their respective lott or lotts, or any lessor part of a lott, within the time appointed, shall forfeit twenty shillings for each lott containing halfe an acre of land, and so proportionably Acts relating to the City of Charleston. for every part of a lott, either greater or lessor than halfe an acre, to be leveyed by warrant of distress, under the hand and seale of a justice of the peace, and paid to the commissioners of the poor, to the use of the poor. VIII. And be it further enacted, That from and after the ratification of this Act, that it shall and may be lawful for any person or persons whatsoever, (slaves excepted) to kill, or take and carry away, alive or dead, all or any goats goeing loose in Charlestown; provided, and it is hereby declared, that every person or persons so killing, taking, or carrying away such goats, shall, within two hours after such goats are taken, killed and carryed away, cry, or cause to be cryed, the same, in four severall and usual places in Charlestown. A. D. 1701. Goats. IX. Whereas, there are several houses of offices, or privy houses, which are very offensive to the inhabitants in Charlestown; and for the better Privy houses. preventing the same, Be it enacted, That all persons, inhabitants of said town, that hath any such houses of offices, or privy houses, that are so deemed by any two of the commissioners, shall, in two months from and after the ratification of this Act, fill up and cover the same with dirt and other rubbish, so that the said nusances may be prevented, under the penalty and forfeiture of twenty shillings for each month they neglect to fill up and cover the same, the penalty or forfeiture to be levyed by warrant, under the hand and seale of any justice of peace, the one halfe to the informer, the other halfe to be delivered to the commissioners of the poor for the use of the poor. X. And be it further enacted by the authority aforesaid, That every person that fills up all such houses of offices, or privy houses, that shall be deemed nusances by any two of the commissioners hereafter appointed, when so filled up, shall, after so filling up and covered, keep tubbs or some other small vessells in their houses of offices, or privy houses, in order to preventing of nusances, and to empty them once a week, under the penalty and forfeiture of five shillings for every such offence, to be leveyed by a warrant from under the hand and seale of any justice of peace, to the use of the poor aforesaid. XI. And be it further enacted by the authority aforesaid, That no person or persons whatsoever, after the ratification of this Act, shall build, or Chimnies. cause to be built, any chimney in any place within the limits of Charlestown, but such as shall be made of stone. brick, or both, on penalty of five pounds upon him or them at whose charge such chimney or chimneys shall be built. XII. And be it likewise enacted, That any person or persons, owning by inheritance, mortgage, or lease for seven years, any building in Charles- Chimnies. town, which hath a wooden chimney, that is deemed or taken by the commissioners hereafter named, or any three of them, to danger the firing the said buildings or neighbours houses, the claimer or owner of such buildings or chimneys, shall, within one month after notice given him or them by the said commissioners, or any one of them, pull down, or cause to be pulled down, the said wooden chimneys to the ground, and cause no chimneys to be built in the place thereof, but such as shall be made of stone or brick, on penalty of five pounds for each default and neglect. XIII. And be it further enacted and declared by the authority aforesaid, That if any fire shall hapen to break out in any part in Charlestown, already built, or hereafter shall be built in the said town, that the commis. sioners hereafter named, or any three of them, shall or may, and are hereby Fire. |