Acts relating to the City of Charleston. that each listed watchman be paid twenty pounds per anitum, like current moneys; to be paid quarterly, by the commissioners hereafter mentioned, the first quarterly payment to be made on the first day of September next, after the ratification of this Act; and the second, on the first day of December following; the third on the first day of March; and the fourth, on the first day of June. A. D. 1703. VIII. Whereas, in order to the paying the above mentioned salaries, and the defraying the other necessary charges of the watch of Fund for Charles Towne, as above directed, it is necessary that an annuall revenue watch. be raised, amounting unto the sume of five hundred and fifty pounds; Be it therefore further enacted by the authority aforesaid, That in order to the raising the said sume of five hundred and fifty pounds annually, that every person within the towne that is capable of bearing arms, or that by any law or custome whatsoever is or hath been obliged to watch, or provide 2 fit person to watch, in the Constable's watch, do pay quarterly, unto the commissioners hereafter named, at the rate of twenty shillings per annum; and that every single woman that is a house-keeper, and that by any law or custome whatsoever in this province did or ought to have provided a watchman in the constable's watch, shall also pay quarterly, unto the commissioners hereafter named, at the like rate of twenty shillings per annum; and what the duty of twenty shillings per annum, to be paid quarterly as aforesaid, shall fall short each quarterly payment of the sume of one hundred thirty-seven pounds tenn shillings, being the fourth part of the said sume of five hundred and fifty pounds, that the residue shall be raised quarterly by an equall assessment upon each person's estate, reall and personall, that lives or inhabitts within the bounds of the towne, the bounds of which, as by the last mentioned assessment, to be computed as far as Mr. Christopher Smith's and Mr. John Bird's, inclusive; and also, by assessment on the estates in towne of all such persons as have houses or lands in Charles Towne, though they do not inhabit within the bounds of the towne. IX. And be it further enacted by the authority aforesaid, That Lewis Pasquerau, James Ingerson, Thomas Cutler, William Gibbons and Ed- Commissioners ward Loughton, shall be the assessors for this Act; and they, or any three to assess. of them, upon their oaths, administered by any one justice of the peace of this province, shall be, and are hereby, appointed and impowered to meet att Charles Towne, on or before twenty days of each respective quarterly day of payment; and shall make a roll or schedule of the names of all such persons as by this Act are required to pay quarterly at the rate of twenty shillings per annum; and upon computing the said roll or schedule, and finding what the same shall fall short of one hundred and thirty-seven pounds tenn shillings, being the fourth part of the said sume of five hundred and fifty pounds, shall then make an assessment upon the estates of such persons as by this Act are before ordered to be assessed, to make up the full sume of one hundred and thirty-seven pounds tenn shillings; and the said names of the persons in the first roll or schedule, and the said assessment in another schedule, signed and sealed by them, the said assessors, or any three of them, shall, from time to time, deliver to the commissioners hereafter nared, who, by themselves or deputy or deputies, whome they shall appoint, shall give notice to all and every person concerned, (either in the first roll or schedule, or the schedule of the second assessment, which is to make up what the first shall fall short of the said sume of one hundred and thirty-seven pounds VOL. VII.-4. A. D. 1703. peal. Acts relating to the City of Charleston. tenn shillings,) or to their attorneys or agents, how much money he or per X. And be it further enacted by the authority aforesaid, That if any person or persons certified, assessed or rated, for or in respect of any matter or thing by which, by this Act, he or they is rated or charged, Right of ap- doe find him or themselves grieved or overcharged by such rateing, in five days after notice given them of such assessment, may complain or appeal to any one justice of the peace, inhabitant of Charles Towne, who shall or may examine any person or persons so complaining, upon his or their corporall oaths, touching the value of his or their reall and personall estates as aforesaid, and upon due examination, abate or defaulte proportionably the said assessment; and the same so abated shall be certified by the justice aforesaid, to the commissioners aforesaid, and such assessment so certified as aforesaid shall be deemed firme and valid in law. filled. XI. And be it further enacted by the authority aforesaid, That in case any of the above mentioned assessors shall happen to die or remove from Vacancy how Charles Towne, that so there be not the full number of five, that then the Governour for the time being is hereby requested and authorized to appoint so many person or persons in Charles Towne to be assessors, as shall make up the number of five, which shall so continue, unless removed by an ordinance of the General Assembly. Commissioners powers. XII. And be it further enacted by the authority aforesaid, That Alexander Paris, James Serurier Smith and William Weekly, or any two of them, be, and are hereby, nominated and appointed the commissioners mentioned in this Act, and to exercise all the authorities and powers given them as commissioners in this Act, and for the disposing of all moneys to be raised and laid out by virtue of this Act; and the commissioners aforesaid are nominated and appointed receivers of all the money to be raised by virtue of this Act, to be paid out by them, or any person or persons by them or any two of them deputed; which money shall be laid out by the commissioners aforesaid, for the paying the Captain, Lieutenant and Watchmen their wages or salary, upon certificate from the Generall or any other commission officer of the watch, by him thereunto empowered, which amounteth to the sume of five hundred and thirty-five pounds per annum; and the other fifteen pounds, being the residue of the sume of five hundred and fifty pounds per annum, to be paid and expended for fire and candles and other contingent charges relating to the watch. XIII. And be it further enacted by the authority aforesaid, That in case any of the said commissioners shall happen to dye or remove from Vacancies how Charles Towne, or refuse or neglect to doe his duty by this Act required, then the Governour for the time being is hereby requested and authorized to appoint some other inhabitant of Charles Towne to be commissioner or commissioners in the place of him or them so filled. Acts relating to the City of Charleston. deceased, or that shall live out of Charles Towne, or neglect or refuse his duty as aforesaid; which said commissioners so appointed by the Governour as aforesaid, shall continue as such, unless removed by an ordinance of the Generall Assembly. XIV. And be it further enacted by the authority aforesaid, That all A. D. 1703. and every assessor and commissioner appointed by virtue of this Act, Penalty for which shall refuse or neglect to do and perform what by this Act he or neglect of duty. they are required, shall forfeit, for every offence, the sume of five pounds; one half to the right honourable the Lords proprietors of this Province, to be disposed of by an ordinance of the General Assembly, the other half to him or them that will sue for the same in any court of record in this province, by action of debt, bill, plaint or information, wherein no essoin, protection, privilege, injunction, wager of law or stay of prosecution, by non vult ulterius prosequi or otherwise, shall be admitted or allowed. attend the XV. And be it further enacted by the authority aforesaid, That the Captain of the watch or the Lieutenant and eight of the watchmen, who Watch to shall take it by turns, shall be obliged every Sunday, and other publick Governor to days, to attend the Governour, morning and evening, and to church in church. Charles Towne; and on other solemn and extraordinary occasions, all the whole watch shall be in arms, and attend as the Governour shall order and direct; and in case any of the watchmen shall refuse or neglect his duty therein, when thereunto required, or shall not procure some one other of the said twenty-four watchmen to officiate for him, that for every such offence he shall forfeit twenty shillings, to be deducted out of his sallary. Buckets, fire-. hooks and lad XVI. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, or any two of them, shall have power to buy or provide bucketts, fire-hooks and ladders for the use of Charles Towne, in ders, case of fire; and the charges that the same doth amount to, shall be raised by an equall assessment upon the estates in towne of all persons living in towne, or that have houses in towne; the bounds of the towne, in this case, to be computed according to the platt of the towne; and the assessors mentioned in this Act are hereby authorized to assess the same, and the commissioners are hereby authorized to levy the same, according to such powers as is given them by this Act for the levying of the other assessments before mentioned. XVII. And be it further enacted by the authority aforesaid, That if in case a peace should happen to bee concluded between the Crowne Watch may be of England and the Crowns of France and Spain, before the expiration reduced. of this Act, it shall and may be lawfull for the right honourable the Governour for the time being to lessen the number of the said watchmen, as he shall see convenient, untill the next session of Assembly next following. XVIII. And be it further enacted by the authority aforesaid, That To continue of this Act, and every thing therein contained, shall continue and be of force force for three three years, and from thence to the end of the next sesion of the Gene-years. rall Assembly, and no longer. Read three times, and ratified in open Assembly, N. JOHNSON, THOS. BROUGHTON, JAS. MOORE, ROBERT DANIEL, EDMUND BELLINGER, HENRY NOBLE. A. D. 1703. Acts relating to the City of Charleston. No. 219. AN ADDITIONAL ACT TO AN ACT ENTITULED "AN ACT TO PREVENT Preamble, THE SEA'S FURTHER ENCROACHMENT UPON THE WHARFE AT CHARLES WHEREAS, by an Act entituled "An Act to prevent the sea's further encroachment upon the wharfe at Charlestowne," ratified in open Assembly, the sixteenth day of November, in the year of our Lord one thousand seven hundred, every person that holds by grant, or any mean conveyance, any lott, or part of a lott, fronting the wharfe at Charlestowne, is bound, under certain penalties, as is provided in the said Act, to build the front wall, according to such method as is prescribed in the said Act; and whereas, amongst other things contained in the said Act, it is enacted, Sea wall to be that for the better security and defence of the said towne, a wall of three foot high and two bricks thick, shall be made and built upon the aforesaid wall, from the Northermost end of the fort to the Northermost end of the front wall, at the sole charge and expence of the publick; which clause, by reason of the limitation of the highth of the wall, may be very inconvenient, some places requiring the wall that is to be built over the wall that is built by the inhabitants, to be built higher than other places; in order to make the whole wall, when finished, usefull and uniforme, built. I. Be it therefore enacted by his Excellency John Granville, Esquire, Height of wall. Palatine, and 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 mett at Charlestowne, for the South-west part of this Province, and it is enacted by the authority of the same, That for the better security and defence of Charlestowne, that the wall to be built upon the aforesaid wall, at the sole charge and expence of the publick, be built such highth and thickness, and according to such method and manner, as the commissioner hereafter named, by and with the advice and consent of the Right Honorable Sir Nathaniel Johnson, Knight and Governor, or the Governor for the time being, of this Province, shall direct. Platform. Battery. II. And whereas, the platforme fronting South-street is fallen so far to decay that the same must be pulled down and rebuilt; Be it also enacted by the authority aforesaid, That the said platforme shall be rebuilt at the sole charge and expence of the publick, in such method and forme, and according to such dimentions, as the commissioner hereafter nominated, by and with the advice and consent of the Right Honorable the Governor aforesaid, shall direct. III. Whereas, there is a battery ordered to be built at the East end of the said South-street, so that a publick landing cannot be there made without great prejudice to the said battery; Be it therefore enacted by the authority aforesaid, That all the front before the land of Mr. Robert Tread, next adjoining to the north side of the said battery to the Southward-most end of the front wall of Elias Clifford's, is hereby reserved for a publick landing, to be built at the charge of the publick, by an order of the commissioner aforesaid, in such manner and forme as the landing at the North side of the halfe moone, at the East end of Cooper-street; any Act or Statute to the contrary notwithstanding. Acts relating to the City of Charleston. A. D. 1703. IV. And be it further enacted by the authority aforesaid, That a battery, capable of containing six guns, on the northermost angle of Col. Robert Another batDaniel's northermost lot, fronting Cooper river, shall be erected; and also tery. one other small flanker, capable of containing four guns, shall be built between the halfe moon and the said battery on Col. Daniel's lott, both which shall be built at the sole charge and expence of the publick, in such method and forme, and according to such dimentions and place, as the commissioner hereafter nominated, with the advice and consent of the Governor as aforesaid, shall direct. V. And be it further enacted by the authority aforesaid, That Lieut. Col. William Rhett be, and he is hereby appointed, the sole commissioner Commissioner for manageing the whole affair of the said front wall and the severall appointed. forts, platformes, halfe moones, batteries and flankers, built and to be built upon the said wall; and that he, the said William Rhett, have all the powers and authorities that are given to the severall commissioners, or a quorum of them, for carrying on the building the front wall; and in case of his death or sickness, the Right Honorable the Governor is hereby impowered to appoint another, who shall have all the powers given the said William Rhett by this Act. commissioner. VI. And be it further enacted by the authority aforesaid, That the said William Rhett, the commissioner above named, besides the powers and Power of authorities given him by the last recited Act, shall have power to press brick-layers living in any part of this Province, to worke on the said front wall and fortifications, att the rate of four shillings per thousand laying the bricks, or six shillings per diem, be the same for any part of the wall that is to be built by the owners of the front lotts, as also for that part of the said wall and fortifications that is to be built at the sole charges and expences of the publick; and shall also have power to press carpenters or any other handicrafts, where their worke is necessary, relating to the said front wall and fortifications, to worke at the rate of five shillings per diem; and shall also have power to press any negros from any persons liveing within the limits of Charlestowne, whether his said negroes be in towne or country, at the rate of two royalls and a halfe per diem, to work and tend the workmen on the said wall and fortifications, their masters finding them victuals; and shall also have power to press lime, and fetch the same from the plantation of Mr. John Berksdale, at the rate of three pence per bushell; but in case the said John Berksdale shall bring the said lime to towne, then it shall be lawful for the said commissioner to take the said lime so brought to towne, at the rate of five pence per bushell. VII. And be it also enacted by the authority aforesaid, That the commissioner aforesaid is hereby impowered to press bricks from any person within this part of the Province, for building the said wall and fortifications, and them so prest for the publick to be paid by an order under his hand to the public receiver, at twenty shillings per thousand, if brought to towne, and fifteen shillings per thousand if at the charge of the publick they are brought from any part, soe prest as aforesaid. VIII. And be it further enacted by the authority aforesaid, That the severall forts, halfe moons, platformes, batterys and flankers, built or to be built on the said front wall, shall have gabbins fixed upon them, and shall also be well piled, in order to their preservation against the sea, according to such method and forme as the commissioner above named, with the advice aforesaid, shall direct. Gabbins |