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A.D. 1719.

be built thereon

Acts relating to the City of Charleston.

the said lot, from high-water to low-water mark, and that accordingly he will be at the charge of building the front wall, and filling up the said bank, of that lot or lots, before which his lot or lots so claimed lieth; and accordingly, the said commissioner, upon his building the said wall, and filling up the said bank, shall bring in his account of charges to the said person or persons that lay claims to such lot or lots, from high-water to low-water mark, and such person or persons shall be liable to pay the same, and to be recovered by the same ways and means as is given the said commissioner by this Act, to recover the same against the owner or owners of any front lot. But in case any person having right to any such lot or lots, doth neglect to lay claim thereunto, as before directed by this Act, that then such lot so neglected to be claimed as before directed by this Act, is hereby declared to be vested in the person or persons that have right to the front lot adjoining to the same, and in his or their heirs or assigns forever, he, the said person, owner of the said front lot, paying to the owner of the lot to the eastward from high-water to low-water mark, his full charges that he was at, for his grant for the same, and also allowing him over at the rate of seven shillings and six pence per foot, for every foot that the same eastwardly lot shall measure by the front line; Provided, That he the said person that layeth claim to any of the said eastwardly lots, make his demand for the same, of the owner of the front lot, within thirty days after the time elapsed by this Act, for his laying his claim before the commissioner, and engaging to pay the charges of the front wall, and filling up the bank.

XXI. And be it further enacted by the authority aforesaid, That any No buildings person that hath right to any of the said lots, to the eastward of the said but wharves to front line, from high-water to low-water mark, shall only have liberty of building of wharfs and bridges upon the same, and not any house, edifice or other buildings whatsoever, higher than the said bridge or wharf, on the penalty of the forfeiture of five hundred pounds, for every such building upon any of the said lots to the eastward of the said front line, higher than the said bridge or wharf, contrary to the true intent and meaning of this Act.

Tax may be

XXII. And be it further enacted by the authority aforesaid, That if the right or title of the front lot, and also of the lot to the eastward of the same, from high-water to low-water mark, now is, or hereafter shall become, vested in the same person, that the same shall not be again separated, but such person giving or selling such front lot, that the said lot to the eastward thereof, from high-water mark to low-water mark, shall go along with the front lot, as an appurtenance unto the same,

XXIII. And whereas, great complaints hath hitherto been made, by persons having occasion for moneys to pay in their tax, that they have been forced to give extravagant premiums for taking up moneys to discharge paid in Rice. the same, or that they have been forced to sell their commodities for much less than what the price of commodities usually bore, by reason of persons taking advantage of their immediate necessities; Be it therefore enacted by the authority aforesaid, That all persons appointed to pay any tax in the month of May, one thousand seven hundred and nineteen, shall have liberty to pay in such their taxes unto Coll. Thomas Broughton, Coll. George Logan and Ralph Izard, Esqr. commissioners, now for that purpose appointed, either in publick orders made current in payment to them, by virtue of the tax Act, or in bills of credit, or else in good and

Acts relating to the City of Charleston.

merchantable Rice, (of which goodness, and market price, the commissioners aforesaid shall be sole judges,) at the then market price, for their taxes aforesaid, to be paid in May, one thousand seven hundred and nineteen, computing five score to the hundred, the weighing whereof shall be at the charge of the owner so paying the tax; and the said Rice shall be delivered to the said commissioners, at such place in Charles Town as they shall appoint, in good and merchantable barrels, (of which goodness the said commissioners shall be sole judges,) and the said commissioners shall allow the market price, for each barrel they receive in the said month of May, one thousand seven hundred and nineteen; and in case the said rice or barrels shall not be good and merchantable, in the opinion of the said commissioners, they shall refuse to receive the same, and the owner thereof shall be dealt with in all cases, as a defaulter not paying in his tax; and the said commissioners are hereby further impowered to dispose of what Rice shall be delivered to them in payment as aforesaid, as soon as conveniently may be, for the best price they can reasonably get, either in publick orders made current according to the directions of the Act commonly called the tax Act, or in bills of credit.

A. D. 1719.

sessments to

be made.

XXIV. And whereas, by reason of the tax being paid in Rice to the commissioners, which they by this Act are directed to sell at the best In case of deprices they can get, and with the money arising, to sink the orders; which ficiency, asRice, if not sold for so much as received; there may many of the publick orders remain unpaid off and uncancelled, Therefore be it enacted by the authority aforesaid, That any such deficiency shall be provided for, by an assessment, to be added to the tax, and be assessed, and levyed, and paid by all such person or persons as have or shall pay in their tax in Rice, by an equal proportion on every respective person so paying the Rice, by means of whom the said deficiency shall happen or arise; which assessment shall be made the year insuing; and that the assessors shall receive from the commissioners for receiving the tax, an account of such deficiency, with the persons's names and sums deficient; which they the said assessors shall add to the tax of such persons, by means of whom this said deficiency shall or doth arise, to be levied after the same manner as is prescribed in the Act for raising a tax of seventy-five thousand pounds, on the estates of the inhabitants of this Province.

XXV. And be it further enacted by the authority aforesaid, That all Interest allow. such orders, which by means of the said deficiency in the tax, arising by ed on orders. the loss on the Rice paid in by persons for their proportion of this year's tax, shall remain unpaid, the said orders shall carry an interest of ten per

cent, till paid off and discharged in the insuing year's tax.

Read three times and ratified in open Asssembly,

the 20th day of March, 1718-9.

ROBT. JOHNSON,

A. SKEEN,

THOS. BROUGHTON,

CHAS. HART,

FRANCIS YONGE.

A. D. 1720.

Acts relating to the City of Charleston.

No. 416. AN ADDITIONAL ACT TO AN ACT INTITULED "AN ADDITIONAL ACT
TO THE ACT NOW IN FORCE, RELATING TO THE
CHARLES TOWN."

Preamble.

Fortifications

to be erected.

ing assessment.

FORTIFICATIONS OF

WHEREAS, the fortifications round Charlestown are out of repair, and are become thereby unserviceable, so that the said town remains very defenceless; and whereas, there is certain information that the Spaniards, in a short time, design to invade this settlement―

I. Be it therefore enacted by the Honorable James Moore, Esq., Governour, by and with the advice and consent of the Council and Representatives of all the inhabitants of this settlement, in South Carolina, That all and singular the inhabitants living within the town plat of Charlestown, do and shall, within three days from and after the ratification of this Act, begin to erect and build a strong and sufficient case or frame of the breadth of four feet, and of the height of four feet and an half, from the bastion commonly called Granville's bastion, in the curtain line, unto the bastion commonly called Craven's bastion, after such manner, form and likeness, as the frame or case already erected before the dwelling house of Capt. Taylor Hall, on the bay of Charlestown aforesaid; and such frame or case shall be erected and built at the equal charge and expence of each respective inhabitant living within the town plat of Charlestown, as aforesaid, to be rated and assessed on the said inhabitants in proportion to their respective taxes; and the said inquisitors and commissioners appointed for the present tax in Charlestown, are hereby authorized and required to make enquiry, and assess the said inhabitants accordingly.

II. And be it further enacted, That if any of the inhabitants aforesaid shall neglect or refuse to pay such sum or sums of money as he, she or Penalty on citizens not pay they shall be assessed by the assessors hereinbefore appointed, that then and in such case, it shall and may be lawful for the commissioner or commissioners who shall hereafter be appointed to manage and take charge of the said work, to apply him or themselves to the chief justice of the court of common pleas for the time being, and desire him to issue out execution immediately, against the goods and chattels of the person so neglecting or refusing, which the said chief justice is hereby authorized and impowered to do; and the marshal of the said court is hereby impowered and required to expose to sale, such goods or chattels that shall be distrained or taken from such inhabitant, by virtue of such execution as aforesaid, at the public vendue; and shall pay so much of the moneys arising from the said sale, as the said inhabitant shall be assessed, unto the aforesaid commissioner or commissioners, and the overplus, (if any there be,) unto the owner of the said goods, first deducting his or their reasonable costs and charges, on account of the said vendue.

Slaves to

work.

III. And for the more effectual carrying on and repairing the fortifications in and about the said town, and throwing up intrenchments in proper places, Be it enacted by the authority aforesaid, That every parish in this settlement (excepting James's Island, Winyaw, and all to the northward of Edisto Island, and to the southward of Pon Pon river,) shall send down to Charlestown, on the seventh day of March, an able male working slave for every ten male working slaves, from the age of sixteen years to the age of sixty years, in the said parish; which slaves shall remain and continue to work in Charlestown aforesaid, for the space of thirty days, and no longer or the said person to send all his said slaves to

Acts relating to the City of Charleston.

work three days, as shall be returned, with provisions and tools sufficient for the space aforesaid; and the slaves, as before excepted, shall be ordered and appointed by the honorable the Governour, to make such fort or forts to the southward, as he shall think fit, with commissioners to see the same done effectually; and the owners of said slaves to be under the same penalties as those that are by this Act appointed to work in Charlestown; and in case any person or persons shall neglect or refuse to send down his or their slave or slaves, pursuant to the directions of this Act, then and in such case, such person or persons shall forfeit the sum of one pound two shillings and six pence for each male slave he, she or they shall be possessed of, from the age of sixteen to the age of sixty, to be recovered by the said commissioner or commissioners, by virtue of a warrant under his or their hands and seals, directed to any constable of the parish where the defaulter lives.

IV. And be it further enacted, That the curtain line shall be filled up, levelled and secured at the discretion of the said commissioner or commissioners, who are hereby impowered to imploy the slaves so to be sent down as aforesaid, in filling up the aforesaid frame or case, and repairing the works on the back side of the town, and doing such other work, to put the town in a posture of defence, as to him or them shall seem meet. V. And be it further enacted, That the slaves belonging to the inhabitants of James's Island, shall be imployed by the commissioner for repairing of Johnson's fort, to work at the said fort, after such manner as is herein before directed.

VI. And be it further enacted, That the inquisitors in every parish within this settlement, do warn and summons the respective inhabitants of the said parishes to send down their slaves, according to the directions of this Act; and do return into the Secretary's office of this settlement, a list containing the number of the slaves each person ought to send.

VII. And be it further enacted, That the Governor for the time being, by and with the advice and consent of the Council, may, and he is hereby impowered to, appoint and agree with any proper person or persons, to be commissioner or commissioners for managing, overseeing and repairing the said work; which said commissioner or commissioners shall be invested with the same power given the sole commissioner, by an Act entituled "An additional Act to the Act now in force, relating to the fortifications in Charlestown."

VIII. And be it further enacted, That Major Jonathan Drake, sole commissioner of Johnson's fort, be, and he is hereby, impowered to draw for the remaining part of the two thousand pounds which was appropriated for the said fort, which now remains in the hands of the bank commissioners, which said moneys he shall imploy in finishing the said fort.

IX. And be it further enacted, That in case any master or owner of any slave sent to the works aforesaid, shall have his slave maimed or killed about the said works, he or she shall be satisfied and paid for the same, pursuant to the directions of the last herein before recited Act.

I assent to this Act this 13th day of February, A. D. 1720.
JA. MOORE.

A. D. 1720.

Commissioners

VOL. VII.-10.

A. D. 1734.

Acts relating to the City of Charleston.

No. 579. AN ACT FOR THE BETTER AND MORE CERTAIN

Preamble.

merly called

be hereafter called Queenstreet.

[blocks in formation]

ADJUSTING THE METES AND BOUNDARIES OF QUEEN-STREET, FORMERLY
CALLED DOCK-STREET, IN CHARLESTOWN; AND FOR APPROPRIATING
SUCH WASTE OR VACANT LANDS AS SHALL BE FOUND ON THE NORTH
SIDE OF THE SAID STREET.

WHEREAS, divers and sundry disputes have and do daily arise between the inhabitants of Charlestown, whose lands are situate upon and adjacent upon said Queen-street, formerly called Dock-street, through the uncertainty and irregularity thereof, by means whereof great mischiefs, law suits and contentions are likely to arise, to the great detriment of the said inhabitants; and the said street so being irregular, the ancient plan, model or form of the said town is hereby rendered not uniform or agreeable to the meteings, buttings and boundings laid down in and by the said model or plan; for the better and more perfect ascertaining and regulating the said Queenstreet, formerly called Dock-street, for the future, and for the prevention of all and all manner of suits, quarrels and contentions among the inhabitants and parties interested, We pray your most sacred Majesty that it may be enacted,

I. And be it enacted, by and with the assent of his Excellency Robert The street for- Johnson, Esquire, Governour, by and with the advice and consent of his Dock-street to Majesty's honourable Council and Assembly of this Province, and by the authority of the same, That the said street, formerly known by the name of Dock-street, shall forever hereafter be called and known by the name of Queen-street, and run and remain in the manner following, that is to say, the said street at the North-east end or corner thereof next the Bay, shall be distant from the South-east corner of the dwelling house of Mr. Gillison Clapp, nigh the State House, nine chain and eighty-six links, and The runnings the said street shall, and is hereby ascertained to, run from the said Northeast corner thereof next the Bay, (along the North side of the said street) in a straight line directly to the front or South side of the house in which Mrs. Hutcheson now dwells, and so to continue the same course to the street leading into town towards Mr. Brand's; and the course of the said street then to alter and run exactly parallel with Broad-street to Ashley river; and that the South side of the said Queen-street shall run parallel to the North side thereof, at the distance or breadth of thirty-three feet.

and course of the same.

The said street so laid out,

II. And be it further enacted by the authority aforesaid, That the said street called Queen-street, so as aforesaid ascertained, regulated and laid down, shall so remain, continue and be from the time of the ratification shall remain so hereof, and from thenceforth forever; any other or former survey, plan or model heretofore made, to the contrary thereof in any wise notwithstanding.

forever.

and their

powers.

III. And for the better, more perfect and plainer laying out, ascertaining Commissioners and regulating the said street, and for the amoving the several and respective buildings and fences running from North to South, athwart or across the said street, so that nothing for the future may obstruct, hinder or impede the running of the said street from East to West, according to the exact course herein before particularly mentioned, It is hereby further enacted by the authority aforesaid, That from the ratification of this Act, the Honorable John Fenwicke and William Bull, Esquires, Wm. Waties, Esq., Othniel Beale, Esq., and Capt. Anthony Mathews, shall be, and they are hereby authorized and impowered to be, Commissioners, fully and

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