A. D. 1701. Chimnies taking fire. Engine, iadders, fire hooks, &c. appointed to assess. Acts relating to the City of Charleston. impowered, to give all such directions for the pulling down or blowing up any such house or houses, that shall be by them adjudged meete to be pulled down or blown up, for the stoping or preventing the further spreading of the same; and if it shall happen that the pulling down or blowing up any such house or houses, by the directions aforesaid, shall be the occasion of stoping the said fire, or the fire stops before it comes to the same, and not otherwise, then all and every owner of such house or houses, shall receive satisfaction and be paid for the same, by the rest of the inhabitants in Charlestown, whose houses shall not be burnt; and the commissioners are hereby impowered to make such rate or rates for the raiseing and levying such sume or sumes of moneys, as shall be thought convenient by the said commissioners; provided alwayes, that if that house where the fire shall first begin and break out, shall be adjudged fitt to be pulled down, to hinder the further spreading and increasing of the same, that then the owners of such house shall receive no manner of satisfaction for the same; any thing in this Act or any other Act to the contrary notwithstanding. XIV. Whereas, there is several complaints, that most of the inhabitants of Charlestown are very negligent in not sweeping and keeping their chimneys clean from sutt, which often times occasions the fireing the said chimneys, and so endangers the fireing the house, or house adjoyning to the same; Be it therefore enacted by the authority aforesaid, That if any chimney or chimneys in Charlestown, after the ratification of this Act, hapen to catch or take fire, the person or persons living in the said house or tenement where the said chimney or chimneys that so catches or takes fire, shall forfeit twenty shillings, to be leveyed by a warrant from under the hand and seale of any justice of the peace, one halfe to the informer, and the other halfe to be delivered to the commissioners of the poor, for the use of the poor. XV. Whereas, it is very necessary that there should be severall ladders, fire-hookes and leather buckets, for the benifitt of preventing the further encreasing and quenching of fires that may hapen in any house or houses in Charlestown; Be it therefore enacted by the authority aforesaid, That within nine days after the ratification of this Act, there shall be leveyed and assest on all the houses and tenements in Charlestown, the sume of one hundred pounds, current money; each owner and tenant of every respective house to be assesed and leveyed by Mr. Thomas Smith, Mr. Commissioners John Croskeys, William Smith, Esq., Mr. Robert Fenwick, and Capt. Alexander Parris, or any three of them, who are hereby appointed commissioners pursuant to this Act, untill the said sum of one hundred pounds be raised; and the said commissioners are hereby impowered to assess and levy the same, each house and tenant to be assessed according to its value and ability, as the said commissioners shall judge; and when the said money is received by the commissioners, they, or any three of them, shall lay out and buy, for the only proper use of Charlestown, one engine for quenching of fire, six ladders of severall sizes, fifty leather bucketts, and six fire-hooks, and such other necessarys as they shall think convenient for the security of said town, all which shall be kept and preserved in such place or places as the commissioners aforesaid shall order or appoint. XVI. And be it further enacted, That if any of the inhabitants aforePenalty for neglect to pay, said shall neglect or refuse to pay his assessment of the one hundred pounds as aforesaid, the commissioners aforesaid, or any three of them, Acts relating to the City of Charleston. are hereby impowered, by a warrant under their hands and seales, to any one or more of the counstables of Charlestown, who are hereby, under the penalty of five pounds for every default, commanded to execute the same, to make distress upon the goods and chattels of every person or persons which shall refuse to pay his or their respective taxes and assessment as aforesaid; which distress, three days after taken, they shall cause to be sold in Charlestown, at a publick outcry, and the overplus, after the tax and charges are paid, to return to the owner. A.D.1701. XVII. And further be it enacted by the authority aforesaid, That if there should be any money of the aforesaid hundred pounds left, after the Surplus. aforesaid engine, ladder, buckets and fire-hooks are bought, the remaining part of said money so left shall remaine in the said commissioners hands, to be by them, or any three of them, laid out for the necessary and publick use of Charlestown, as the said commissioners, or any three of them, shall deem convenient. XVIII. And be it further enacted by the authority aforesaid, That in case any of the commissioners, or any other hereafter appointed, shall Vacancy in depart this life, or go out of this Province, the Governor for the time commissioners being is hereby impowered and authorized to appoint another in his or their roomes, which person so named and appointed shall have the like power as the aforesaid commissioners have or shall have. how filled. XIX. Be it also enacted by the authority aforesaid, That if any slaughter house, cattle penn, sheep penn, hogg sties, or other thing whatsoever, Slaughter erected, lying or being in Charlestown, which the commissioners aforesaid houses, &c. shall judge a nusance, shall not be removed by the person or persons that occasions the same, within ten days after notice given him or them by any one of the commissioners, shall forfeit forty shillings for each month the said nusuances continues, to be recovered by a warrant under the hand and seale of any justice of the peace, one halfe to be paid to the commissioners of the poor for the use of the poor, the other halfe to the informer. XX. Whereas, the streets in Charlestown, after rains, in many places, especially the most frequented parts of the said town, is then much over- Side walks. flowed with water, and makes it very unfitt, illconvenient and unpassable; Be it therefore enacted by the authority aforesaid, That every person or persons, living and dwelling in Charlestown, whom the commissioners aforesaid, or any three of them, shall order or appoint, shall, within four months after such order and appointment, mend and raise the breadth of the fronting part of that lott which belongs to the house they live in, either in street, lane or alley, with broken oyster shells, six foot, upon a direct line, into the street, lane or alley, so that it shall be adjudged sufficient by the commissioners aforesaid. And all such houses that bounds or butts on either streets, lanes or alleys, within the limits aforesaid, wherein no person dwells, then the owners of the said houses, being thereunto order-Lots unoccued by the commissioners aforesaid, shall, within the time aforesaid, after pied. such order, raise and mend their part of each lott as aforesaid; and every person or persons that shall neglect doing the same, shall forfeit for each house, with that part of the lott belonging to the same so fronting, twenty shillings, to be recovered by a warrant from under the hand and seale of any justice of the peace, to be paid into the hands of the commissioners aforesaid, towards the mending the other parts of the streets, lanes and allies of Charlestown, as they shall think fitt and convenient. XXI. And whereas, a halfe moon is built at the East end of Cooper street, for the security of Charlestown, and the defence of this part of the A. D. 1701. Acts relating to the City of Charleston. Province; Be it therefore enacted by the authority aforesaid, That twenty Public landing foot of the front before the land of Mr. Benjamin Schinckingh, next adplaces. jacent to the said halfe moon, and twenty foot of the front before the land of Mrs. Elizabeth Clapp, next adjacent to the said halfe moon, be, and are hereby, for two publick landing places, ordained and appointed to be built, as shall be directed by the commissioners nominated and appointed in an Act intituled "An Act to prevent the Sea's further encroachment upon the wharfe of Charlestown;" any thing in the said Act contained to the contrary notwithstanding. XXII. And be it further enacted, That the commissioners in the foreAppropriation. recited Act appointed, are hereby impowered, for building the said twenty foot on each side the said halfe moon, to draw out of the publick treasury, by an order under their hands, such sume and sumes of money as are necessary for building the same. XXIII. And be it further enacted by the authority aforesaid, That “An Acts repealed. Act for settling a watch in Charlestown, and for preventing of fires," ratified in open Assembly the eighth day of October, one thousand six hundred ninety-eight; and the last paragraph, relating to the said watch, in an Act intituled "An additional Act for making and mending high-wayes," ratified in open Assembly, the first day of March, one thousand seven hundred-are hereby declared repealed, annulled and made void; any thing in the fore-recited Act, and the last paragraph in the said additional Act contained, to the contrary notwithstanding. Duration of XXIV. And be it further enacted, That this Act, and every thing therein contained, do continue in force for and during the space of three years after the ratification hereof, and no longer, except the paragraph wherein is appoynted and reserved twenty foot on each side the halfe moon, for public landing places, which is, and is hereby declared to be, perpetuall. Read three times and ratified in open Assembly, the twenty-eighth of August, 1701, JA. MOORE, JOS. MORTON, EDMD. BELLINGER, No. 207. AN ACT FOR THE KEEPING AND MAINTAINING A WATCH AND GOOD ORDERS IN CHARLES TOWN. Preamble. WHEREAS, the constables who hitherto have had the care and charge of the watch in Charles Town, have been very remiss and negligent therein, which at all times ought to be duely and strictly observed and performed, and more especially in this time of warr and eminent danger; for the better preservation of the said town, and for the keeping good orders and more carefull and strict watch therein, 1. Be it enacted, by his Excellency, John Granville, Esqr. Palatine, and the rest of the true and absolute Lords and proprietors of this Province, Acts relating to the City of Charleston. A.D. 1703. Watch. by and with the advice and consent of the rest of the members of the General Assembly, now met at Charles Town, for the south-west part of this Province, and by the authority of the same, That the watch of Charles Town shall consist of a Captaine and Lieutenant and twenty-four men; that the Captaine and Lieutenant be nominated, commissioned and Officers of the appointed by the Governour or Commaneer-in-chief of this Province for the time being; and that the twenty-four men be listed by the Captain, and that they be under military discipline; and that they be turned out and cashiered at the pleasure of the Governour or Commander-in-chief of this Province for the time being. II. And be it further enacted by the authority aforesaid, That within thirty days after the ratification of this Act, there shall be a watch every Duty of Watch, night kept at Charles Town, consisting of sixteen men, and that the Captain or Lieutenant shall give due attendance every night in the year; and the said Captain and Lieutenant shall, from time to time, observe, perform and keep all such orders and directions for the managing and keeping of the said watch, as they shall from time to time receive from the Governor or Commander-in-chief of this Province, or the deputy Governor thereof, under the penalty, for every neglect thereof, or offence committed, (and being thereof convicted before any one justice of the peace of this Province,) of forfeiting the sume of forty shillings, to be abated out of their pay or salary hereafter mentioned; and the said twenty-four men shall, from time to time, observe, perform and keep all such neglect. orders and directions for the better keeping the said watch, as they shall from time to time receive from their Captain or Lieutenant, upon the penalty, for every neglect thereof, or offence committed, (and being thereof convicted before any one justice of the peace of this Province,) of forfeiting twenty shillings, to be deducted out of his or their pay or salary hereafter mentioned, or of suffering such corporall punishment as the Captain or Lientenant, for such fault, by special orders and instructions from the Commander-in-chief, shall inflict upon, or order to be inflicted upon, him or them, not extending to life or limb; the said corporall punishments to be such as are usually used as military punishments. Penalty for III. And be it further enacted by the authority aforesaid, That the Captain or the Lieutenant shall, in the night time, have the command of Captain's duty all such watchmen as shall be appointed to keep watch in Charles Towne, and powers. and shall see that they have their arms in order; and the said Captain and Lieutenant by virtue thereof, during the time of their commanding the said watch, shall have all the authorities that any constable of Charles Towne hath, by any law or custome by virtue of his office, and shall and may lawfully do and execute any matter or thing in the said Towne, in the night, as fully, amply and authentically as any constable ought or may lawfully do; and in case any persons shall resist or oppose the said Captain or Lieutenant, or any of the watchmen aforesaid, in the execution of their office, and acting in pursuance of the orders of their said Captain or Lieutenant, that such person so offending shall be liable to such punishment or penalties as by law they are subject to for resisting and opposing the constable; and the said Captain and Lieutenant are hereby enjoyned to give in charge to the watch, to see that all disturbances and disorders in the night, be prevented or suppressed; and to examine all persons, (whom they shall see walking abroad in the night after the tatoo,) of their business abroad at such season, and whither they are going, unless they be known to be orderly and peaceable persons; and in case A. D. 1703. .tain. Sailors. Acts relating to the City of Charleston. they give not reasonable satisfaction therein, or are persons of ill behaviour, or justly suspected to have any unlawful intention or designe, then to secure all such disorderly and suspicious persons untill the morning, and then to carry them before one of the next justices of the peace, to be examined and proceeded against, according to the nature of their offence, and as is by law directed. IV. And be it further enacted by the authority aforesaid, That the Power of Cap- Captain or Lieutenant of the watch, with what number of watchmen he may think fitting, shall have power, at any time of the night, to enter into any publick house in Charles Towne, and shall have power to examine all such persons as they shall find in the said houses, and have just reasons to suspect disorderly persons, and may secure them in order to carry them the next morning before a justice of the peace; and in case they find any saylers in any of the public houses after the watch is sett, that they do immediately secure them till the next morning, and then carry them before a justice of the peace, and in case they do not make it appear to the satisfaction of the said justice of the peace, that they have leave from their Commanders to be absent from their vessels and business, that each sayler so offending shall forfeit the sum of five shillings, to be paid and distributed equally between the Captain or Lieutenant of the watch, and the watchmen that took such sayler; and in case any sayler so convicted before any justice of the peace as aforesaid, shall refuse to pay the said five shillings as ordered by the said justice, it shall be lawful for the said justice to committ the said sayler to prison, till payment be made; and in case the Master or Commander shall pay the said forfeiture for any sayler belonging to his ship or vessell, it shall be lawful for him. to deduct it out of his wages; and the master of such publick house in which such sayler is found and convicted as aforesaid, shall forfeit also five shillings, to be distributed as aforesaid, which said forfeiture, if not paid, shall be levyed by warrant of the justice of the peace, by distress and sale of the offender's goods, returning the overplus, after the necessary charges deducted. Watch to be armed. drunk. V. And be it further enacted by the authority aforesaid, That all and every watchman that shall be ordered to keep watch in Charles Towne, shall be well and compleatly armed and fixed with ammunition, as any soldier or inhabitant is ordered and directed by the Act entitled "An Act for the better settleing and regulating the militia, and for appointing look-outs." VI. And be it further enacted by the authority aforesaid, That if any Watch being watchman that shall watch in Charles Town, after he or they are put upon duty, shall be drunk, or make themselves incapable to perform their trust, or shall sleep upon the watch, he or they so offending, being thereof convicted before any one justice of the peace of this province, shall forfeit twenty shillings, to be abated out of his wages, and further, shall undergoe such military corporall punishment, (life and limb excepted,) as the Captain of the watch shall think fitt, by order and instructions of the Commander-in-chief. VII. And the better to encourage the Captain, the Lieutenant, and the Officers' pay. twenty-four listed watchmen, to be diligent and faithfull in their severall duties and stations, Be it further enacted by the authority aforesaid, That the Captain be paid and allowed to him the sum of thirty pounds per annum current moneys of this Province; and that the Lieutenant be paid the sum of twenty-five pounds per annum, like current moneys; and |