Acts relating to the City of Charleston. shall be so respectively assessed, together with the charges of such levying, which shall, in all respects, be the same as is allowed to constables levying executions for the general tax, on defaulters, and no more. A. D. 1770. how to be VI. And whereas, by the laying out the streets aforesaid, according to the Glebe land, annexed plan, a great part of the large and ancient glebe of St. Philip's parish, Charlestown, may be divided and put into lots, which may be leased disposed of. out to great advantage, for the benefit of the rector or minister for the time being of the said parish, and for other purposes herein mentioned, and will still leave a large and commodious piece or parcel of land for the habitation, use and occupation of the said rector or minister; and the present rector or minister, and the present vestry and church-wardens of the said parish, are desirous the same may be so done; but inasmuch, as by the laying out the said streets, the present parsonage will be much confined, and made too public and inconvenient, which will be remedied by building a new parsonage house on another part of the said glebe land-Be it therefore enacted by the authority aforesaid, That from and immediately after the passing of this Act, the vestry and church-wardens of the said parish of St. Philip, and their successors in office for the time being, or a majority of them, shall have power and authority, and they, or a majority of them, are hereby fully authorized, directed and required, to lay out a piece or parcel of the said glebe land, not exceeding four acres in quantity, bounding to the south on Wentworth-street, and to the eastward on St. Philip's-street, mentioned in the said plan, and to the north and west on other parts of the said glebe land, for the building and erecting a new parsonage house, and proper outhouses, and for the laying out of a garden, orchard and pasturage, for the habitation, use and occupation of the said rector or minister of the said parish of St. Philip for the time being; and that when the said piece or parcel of the glebe land is so laid out and retained, for the habitation and use of the said rector or minister, as aforesaid, that then the said vestry and church-wardens for the time being, or a majority of them, shall divide and lay out all the remaining parts of the said glebe, (except such part as is hereinafter particularly specified to be absolutely sold,) into such and so many lots, pieces or parcels of land, as they, in their discretion, shall think most proper and advantageous, to be let out by them on written leases, with reserved rents thereon, for the use of the said rector or minister for the time being, and such other use as is hereinafter declared concerning the same, for any term or time not exceeding thirty-one years; and that the said vestry and church-wardens for the time being, or a majority of them, shall forever hereafter have full power and authority to make and execute such lease or leases, with proper covenants, to be inserted therein, for the better improvement of the said lots of land, with buildings thereon, and for the more easy recovery of the rents to be reserved by the said lease or leases, and from time to time, after the expiration of the said leases, to renew the same; provided such renewed leases do reserve the same rent, or a greater rent, not exceeding as much again as the first rent reserved by the former lease, and do not exceed the said term of thirty-one years, and so on from time to time, forever hereafter, as such renewed leases shall expire; and that on every such renewal of the lease or leases of any of the said lands, the person or persons, lessee or lessees thereof, do pay a fine equal to two years rent reserved on such first made lease or leases, as a further consideration for the renewal of such lease or leases; and provided, that in all cases of renewed leases, forever hereafter, the original lessee or lessees of the said land, and their executors, administrators and assigns, shall always have the preference of such renewed leases. A. D. 1770. Certain lots disposed of. Acts relating to the City of Charleston. VII. And whereas, in resurveying, laying out, and fixing the lines of the said ancient glebe land, belonging to the said parish of St. Philip, Charlestown, two small pieces, or slips of the same, are thrown to the westward of one of the new streets lately established, called Coming'sstreet, as more particularly appears by the annexed plan, which said small pieces or slips of land are thereby so detached from the other parts of the said glebe land, and are so inconveniently situated, that it is proper to sell the same absolutely, and to apply the monies arising thereby towards the expense of building the new parsonage house; Be it therefore enacted by the authority aforesaid, That within twelve months after the passing of this Act, the said vestry and church-wardens of St. Philip's parish for the time being, or a majority of them, shall have full power and authority to sell, and they are hereby directed and required to sell, release and convey, the said two small pieces or slips of land, to any person or persons, and his, her or their heirs and assigns, forever, who shall be minded to become a purchaser or purchasers thereof, either at public or private sale, as they shall think proper, and to apply the monies arising therefrom towards the building the said new parsonage house. VIII. But inasmuch as the expense attending the building the said new Appropriation, parsonage house, and convenient out-houses thereto, will be great, and by way of loan. cannot be gone into without the aid and assistance of the General Assembly, usually given and lent for such parochial services, Be it therefo enacted by the authority aforesaid, That over and besides the moni 3 which may arise by sale of the small slips or pieces of the glebe la hereinbefore directed to be sold, that the public treasurer do advance and pay, by way of loan, to the said vestry and church-wardens of St. Philip's parish, out of any public monies laying in the treasury, the sum of four thousand pounds currency, to compleat and finish the said parish buildings. repayment. IX. And as a security for the repayment of the said sum so to be lent Provision for (without interest) to the said parish, It is hereby enacted, That the neat rents arising from the old parsonage house, and a convenient lot of land appurtenant thereto, to be let out by the said vestry and church-wardens, in manner as aforesaid, shall be annually paid into the public treasury, until the said loan shall be fully satisfied. Disposal of overplus funds. X. And it is further enacted, That the said old parsonage house, and lot of land appurtenant thereto, so to be letten out, shall stand and remain as a security for the repayment of the said loan, and subject to be absolutely sold for that purpose, in such way and manner as the General Assembly shall think fit to order and direct concerning the same, in case of failure in payment of the said loan, in a reasonable and proper time. XI. Provided always, and be it hereby further enacted, That whenever the reserved rents of the said glebe lots shall amount to upwards of the sum of three hundred pounds, lawful money of Great Britain, or the value thereof, the overplus monies or rents, exceeding that sum, shall be paid and applied towards the relief of the poor of the parishes of St. Philip and St. Michael, Charlestown, in the same way and manner as other poor rates are applied, and to and for no other use, intent or purpose whatsoever; any law, statute or usage, to the contrary notwithstanding. P. MANIGAULT, Speaker. In the Council Chamber, the 7th day of April, 1770. Assented to: WILLIAM BULL. [Map omitted.] Acts relating to the City of Charleston. AN ACT TO INCORPORATE CHARLESTON. A. D. 1783. No. 1191. WHEREAS, from the extent and population of Charlestown, its grow. ing importance, both with respect to increase of inhabitants and an extensive Preamble. commerce with foreign nations, it is indispensably necessary that many regulations should be made for the preservation of peace and good order within the same and whereas, from the many weighty and important matters that occupy the attention of the Legislature at their general meeting, it has hitherto been found impracticable, and probably may hereafter become more so, for them to devise, consider, deliberate on, and determine, all such laws and regulations, as emergencies, or the last local circumstances of the said Town, may from time to time require: : divided into I. Therefore be it enacted, by the Honorable the Senate and House of Representatives, and by the authority of the same, That from and immediate- Charleston inly after the passing of this Act, all persons, citizens of the United States, corporated, and and residing one year within the said Town, or having had a freehold one wards. year within the same, shall be deemed, and they are hereby declared to be, a body politic and corporate; and the said Town shall hereafter be called and known by the name of the City of Charleston, and shall be divided into the following wards, viz: number one, from Wilkin's Fort, east side of Church street, to the south side of Tradd street, easterly to the Bay: number two, north side of Tradd street to the south side of Queen street, easterly number three, from the north side of Queen street to the south side of Ellery street, easterly: number four, north side of Ellery street up to Meeting street, and along the same to the west end of Quince street, and along Quince street through Anson street to Boundary street, easterly: number five, south end of King street to the south side of Tradd street, easterly to Church street: number six, from Tradd street along King street, to the south side of Broad to Church street, easterly: number seven, north side of Broad street along King street to the south side of Queen street, easterly to Church street: number eight, north side of Queen street along King street, south of Hazell street, easterly to join the ward number three: number nine, from Hazell street along King street to Boundary street, and to join the ward number four, easterly: number ten, south end of Legare street, including the west end of Tradd street, easterly to King street: number eleven, north side of Tradd street to the west end of Broad street, easterly to King street: number twelve, north side of Broad street to the west end of Ellery street, easterly to King street: number thirteen, north side of Ellery street, west, to Boundary street, easterly to King street. to be held. II. And be it further enacted by the authority aforesaid, That the church wardens of the Parish of Saint Philip and Saint Michael, shall, within one Election of month after passing this Act, give ten days public notice that wardens are wardens, how to be chosen for each ward, whose qualification shall be the same as that for a member of the House of Representatives, and that all free white persons residing in each ward, being citizens of this State, who were taxed three shillings sterling the preceding year, or are taxed three shillings sterling in the present year, towards the support of the government of this State, shall be entitled to vote for a warden for their respective ward; and they shall also notify the time and place when and where the election is to be held in each ward, and appoint proper persons for managing and conducting the same; and the said persons, after the election is closed, shall make a return to the church wardens of the persons chosen wardens of the respective wards, and the said church wardens shall give notice to the several persons VOL. VII.-13. A. D. 1733. Acts r.lating to the City of Charleston. of their appointment, respectively, and summon them to meet together, at any time and place, within two days after their election, for the purpose of taking the oaths of qualification, allegiance and office, prescribed by law; which oaths may be administered by any one warden to the other; provided, seven shall be present at the time of administering the same. III. And be it further enacted by the authority aforesaid, That when seven Intendant, how or more of the said wardens shall have met and qualified as aforesaid, they to be elected. shall, within ten days after such their qualification, give seven days public notice that an intendant of the City is to be chosen from among the wardens, and that a general election will be held for the purpose by proper persons, to be appointed at the time mentioned, under the Exchange of the said City, and that all persons qualified to vote for wardens in their respective wards, may attend and vote for such intendant; and when such intendant shall be chosen, he shall take the oaths of qualification, allegiance and office, prescribed by law, in the presence of the wardens; after which he may qualify such wardens as were not before qualified, issue a summons to the ward whose warden was chosen intendant, or to any other ward where there is a vacancy, to choose another warden for filling up such vacancy, appointing the time when and place where the election is to be held, and proper persons for managing and conducting the same. Council. IV. And be it further enacted by the authority aforesaid, That the said Powers and du- intendant shall and may, as often as occasion shall require, summons the ties of City wardens to meet together in city council, any nine of whom to be a quorum, who, with the intendant, shall be known by the name of, and they are hereby declared to be, the City Council of Charleston; and they, and their successors hereafter to be appointed, shall have a common seal, and shall be capable in law to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the city of Charleston, in perpetuity or for any term of years, any estate or estates, real or personal, messuages, lands, tenements or hereditaments, of what kind or nature soever, within the limits of the said city and the parish of St. Philip, and to sell, alien, exchange or lease the same, or any part thereof, as they shall think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State; and they shall also be vested with full power and authority, from time to time, under their common seal, to make and establish such bye-laws, rules and ordinances, respecting the harbour, streets, lanes, public buildings, work houses, markets, wharves, public houses, carriages, wagons, carts, drays, pumps, buckets, fire engines, the care of the poor, the regulation of scamen or disorderly people, negroes, and in general, every other bye-law or regulation that shall appear to them requisite and necessary for the security, welfare and conveniency of the said city, or for preserving peace, order and good government within the same; and they shall also be vested with all the powers and authorities which by law are vested in the commissioners of the streets, commissioners of the markets, of the work house, fire-masters, and commissioners of the pilotage; and they may take such effectual measures for carrying into execution all laws now in force respecting the said city and harbour, as to them shall appear expedient and necessary; and the said city council shall also be vested with full power and authority to make such assessments on the inhabitants of Charleston, or those who hold taxable property within the same, for the safety, convenience, benefit and advantage of the said city, as shall appear to them expedient; and to affix and levy fines for all offencǝs committed against the bye-laws of the said city; and to recover all such penal Acts relating to the City of Charleston. ties as may be incurred under any law or laws now existing respecting the said city; and they are hereby also authorized to appoint a Recorder, treasu rer, clerk, coroner, harbor master, fire masters, constables, and all such other officers (affixing their salaries, and fees of such officers, respectively,) as shall appear to them requisite and necessary for carrying into effectual execution all bye-laws, rules and ordinances they may make for the good order and government of the said city, and the persons residing within the same; provided, always, that nothing herein contained shall authorize the city council to lay a duty of more than three pence per ton on any shipping in the harbour; nor shall they make any bye-laws repugnant to the laws of the land, or inconsistent with treaties made with foreign nations; and provided, also, that all the bye-laws, rules and ordinances they may make, shall at all times be subject to the revisal, alteration or repeal of the Legislature. A D. 1783. V. And be it further enacted by the authority aforesaid, That the fee simple of the following public lands and buildings within the said city, viz: Certain lands the lands appropriated for the Exchange, the beef market, the lower market, vested in the the fish market, the market at the western end of Broad street, with the city council. buildings respectively thereon, and the lands and appurtenances belonging thereto; the marsh lands appropriated by law for a common; the lands bounded by Queen street, Magazine street, Back street, and Mazyck street, (except two hundred feet square at the north-west corner thereof, reserved for a gaol;) such part of the negro burial ground as is public property; the lands on which the horn-work, at the north part of the city, is situate, and the public lands near the same, purchased of the Wragg and Manigault family; any vacant low water lots fronting any of the streets; shall be vested in the said city council and their successors, for the use and advantage of the said city, to be leased, sold, improved on, or otherwise disposed of, as to the said city council shall appear most conducive to the welfare and advantage of the said city, and the inhabitants thereof. And all fines and forfeitures for offences committed within the said city, against any of the bye-laws of the same, shall be sued for by the Recorder, and lodged with the treasurer of the said city, to be at the disposal of the city council, for the use and advantage of the said city. what to be VI. And be it further enacted by the authority aforesaid, That in case of tumults or riot, or appearance or probability of tumult or riot, in the said In case of riot, city, the intendant shall immediately summons together the city council, and done. order the constables and other city officers to attend the city council, and such measures shall thereupon be taken as shall appear most advisable for preventing or suppressing such riot or tumult; and if any city officer shall neglect or refuse to obey the order for attendance from the intendant, he shall forfeit a sum not exceeding ten pounds sterling for every such offence; and any other inhabitant refusing to obey the orders of the intendant, for the purposes of suppressing any riot or tumult, he shall forfeit a sum not exceeding five pounds sterling for every such refusal. duties of the VII. And be it further enacted by the authority aforesaid, That the said wardens shall each of them have full power and authority, and they are Powers and hereby required, to keep peace and good order in the respective wards, to wardens. issue warrants and cause all offenders against law to be brought before them, and on examination either to release, admit to bail, if the offence be bailable, or committed to the custody of the sheriff of Charleston district, who is hereby required and commanded to receive the same, and the same to keep in safe custody until discharged by due course of law; and the said |