had a freehold one year within the same, shall be deemed, and TIT. 5. they are hereby declared to be a body politic and corporate, and the said town shall hereafter be called and known by the A. A. 1783. name of the City of Charleston; and shall be divided into the P. L. 327. following wards, viz: Members of tic. 1. From Wilkins's fort, east side of Church-street, to the the body polisouth side of Tradd-street, easterly to the bay. Corporate 2. North side of Tradd-street, to the south side of Queen- name. street easterly. 3. From the north side of Queen-street, to the south side of Ellery-street easterly. Wards. 4. North side of Ellery-street, up to Meeting-street, and P. L. 328. along the same to the west end of Quince-street, and along Quince-street through Anson-street to Boundary-street, easterly. 5. South end of King-street to the south side of Tradd-street, easterly to Church-street. 6. From the north side of Tradd-street along King-street, to the south side of Broad to Church-street, easterly. 7. North side of Broad-street along King-street, to the south side of Queen-street, easterly to Church-street. 8. North side of Queen-street along King-street, south of Hazel-street, easterly to join the ward No. 3. 9. From Hazel-street, along King-street to Boundary-street, and to join the ward No. 4, easterly. 10. South end of Legaree-street, including the west end of Tradd-street, easterly to King-street. 11. North side of Tradd-street, to the west end of Broadstreet, easterly to King-street. 12. North side of Broad-street, to the west end of Ellerystreet, easterly to King-street. 13. North side of Ellery-street, west, to Boundary-street, easterly to King-street.* 13. The church-wardens of the parishes of St. Philip and St. Wardens to Michael, shall within one month after passing this act, give be chosen. Their qualifiten days public notice that wardens are to be chosen for each cations. ward, whose qualifications shall be the same as that of a mem- Electors of ber of the house of representatives, and that all free white wardens; persons residing in each ward, being citizens of this state, their qualifiwho 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 wards; and they shall al cations. so notify the time and place, when and where the election is to Mode of elec be held in each ward, and appoint proper persons for managing tion. 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 of their appointment respectively, and summon them to meet together Wardens to at any time and place within two days after their election, for be sworn. See A. A. 1805. TIT. 5. A. A. 1783. P. L. 328-9. An intendant and how. 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. 14. And when seven or more of the said wardens shall have to be chosen; met and qualified as aforesaid, they 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, and 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 inTo be sworn. tendant 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 chuse 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.* Power and duty of intendant. City council. To have a common seal. Capacitated to exercise 15. And that the said intendant shall and may, as often as occasion shall require, summon the wardens to meet together in city council, any nine of whom to be a quorum, who with the intendant shall be known by 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 certain rights. 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 Empowered in this state: And they shall also be vested with full power to make by- and authority, from time to time, under their common seal, to make and establish such by-laws, rules, and ordinances, respecting the harbour, streets, lanes, public buildings, workhouses, markets, wharves, public houses, carriages, waggons, carts, drays, pumps, buckets, fire-engines, the care of the poor, the regulation of seamen, or disorderly people, negroes, and in general every other by-law, or regulation, that shall appear to them requisite and necessary for the security, welfare and convenience of the said city, or for preserving peace, order Vested with and good government within the same: And they shall also the powers of be vested with all the powers and authorities which by law faws. * See A. A. 1808, which alters this act relative to the election of in◄ tendant, &c. 1 TIT. 5. 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 mea- A. A. 1783. sures for carrying into execution all laws now in force re- P. L. 329. specting the said city and harbour, as to them shall appear ex- the commispedient and necessary: And the said city council shall also sioners of the streets, &c. be vested with full power and authority to make such assess- Authorized to ments on the inhabitants of Charleston, or those who hold make assesstaxable property within the same, for the safety, convenience, ments, &c. benefit and advantage of the said city, as shall appear to them expedient; and to affix and levy fines for all offences commit ted against the by-laws of the said city; and to recover all And recover such penalties as may be incurred under any law or laws now penalties, &c. existing respecting the said city. And they are hereby also And to apauthorized to appoint a recorder, treasurer, clerk, coroner, point a recorharbour-master, fire-masters, constables, and all other such der, &c. other officers (affixing the salaries and fees of such offices respectively) as shall appear to them requisite and necessary for carrying into effectual execution all the by-laws, rules and ordinances they may make for the good order and government of the said city, and the persons residing within the same. 16. Provided, That nothing herein contained shall autho- Proviso, as to rize the city council to lay a duty of more than three pence the by-laws. per ton on any shipping in the harbour;† nor shall they make any by-laws repugnant to the laws of the land, or inconsistent with treaties made with foreign nations. And provided also, That all the by-laws, rules and ordinances they may make, shall at all times be subject to the revisal, alteration or repeal of the legislature. 17. The fee simple of the following public lands and build- The fee simings within the said city, viz: the lands appropriated for the ple of certain Exchange, the beef market, the lower market, the fish market, lands, &c. the market at the western end of Broad-street, with the vested in the city council. buildings respectively thereon, and the lands and appurtenances belonging thereto : The marsh land appropriated by law for a common: 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 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 ad vantage of the said city and the inhabitants thereof. And all Fines and forfines and forfeitures for offences committed within the said feitures, how to be recover ed, &c. See A. A. 1784. P. L. 346, 347. See Constitution of the United States, Art. 1. § 8. TIT. 5. A. A. 1783. council in or riot. city against any of the by-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. 18. In case of tumult or riot, or appearance or probability intendant and of tumult or riot in the said city, the intendant shall immecase of tumult diately summon together the city council, and order the constables or other city officers to attend the city council, and such measures shall thereupon be taken as shall appear most adviseable 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. Power and duty of the wardens. P.L. 330. tion of war dens. 19. The said wardens shall each of them have full power and authority, and they are hereby required to keep peace and good order in their respective wards, to 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 commit 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 each and every of the said wardens for the time being shall be vested with all the powers and authorities that justices of the peace are vested with by the laws of this state, and shall and may exercise the same in every part of the said city, for the preservation of the peace and good order thereof. 20. On the first Monday in September, 1784, and on the Time for elec- first Monday in September every year thereafter, there shall be an election of wardens for each ward, and the intendant for the time being shall give at least ten days notice of such election, and appoint the place for holding it in each ward, and proper persons for managing and conducting the same: and the persons so chosen may take the oaths of qualification, allegiance, and office, before the intendant for the time being, after which they shall be fully qualified to act as wardens, or sit as members of the city council; but after a new election of wardens, none of the former wardens shall sit as members of the city council, unless they shall have been re-elected. Before whom to qualify. Time for elec tion of an intendant. No person eligible as in tendant more than 3 years years. 21. And on the second Monday in September, 1784, and on every second Monday in September thereafter, an intendant shall be chosen from among the wardens by the inhabitants of all the wards at the city-hall, over the Exchange, or at such other place as the intendant for the time being shall think proper, who shall give ten days notice of such election, and appoint proper persons for conducting the same; and the persons so chosen shall take the oath of qualification in the sence of the wardens, until which the former intendant shall continue to act; but no person shall be eligible to serve as intendant for more than three years in any term of five years. pre TIT. 5. 22. In case of death of the intendant, his resignation, removal from office, or absence from the state, the wardens shall thereupon appoint a time for chusing another, and give ten A. A. 1783. days public notice of the same; and in case of vacancy in any P. L. 330. of the wards, by death or otherwise, the intendant shall issue In case intenda summons to the ward for filling up such vacancy, giving five ant's death, &c. the wardays notice of the same. dens to ap point a time for chusing another, and in case of a warden's death, &c. intendant shall issue a summons to the ward to fill up the vacancy. 23. And if any person on being elected intendant shall re- Person electfuse to act, he shall forfeit and pay to the treasurer of the ed intendant city, for the use of the same, the sum of thirty pounds ster- refusing to ling; and if any person on being elected warden shall refuse Person chosen to act, he shall also pay to the treasurer of the city the sum of warden refutwenty pounds sterling. act. sing to act. 24. Provided, That no person who has attained the age of Proviso. fifty years shall be compelled to serve in either of the said offices, nor shall any other person be obliged to serve more than one year in any term of seven years. 25. And in case the intendant, or any of the wardens, The penalty of whilst in office, shall be guilty of any wilful neglect, mal- the intendant practices, or abuses, on information being filed of the same or warden's misbehaving at the court of general sessions, and conviction thereof, he in office. shall forfeit and pay a sum not exceeding two hundred pounds sterling, for every such wilful neglect, mal-practice, or abuse, the money to be recovered by the recorder, and lodged with the city treasurer, for the use and benefit of the said city. 26. If any person shall be sued for any thing done by virtue of this act, he may plead the general issue, and give this act, and the special matter in evidence. to Persons act ing under this law being sued, may plead the general issue. P. L. 340. 27. Be it enacted, That all and every person or persons whom license shall or may be granted, in manner herein after directed, for keeping any tavern, inn, ordinary, punch, or ale- A. A. 1784. house, or for retailing wine, brandy, rum, gin, beer, cyder, Licenses to punch, or any spirituous liquor or strong drink whatsoever, retail liquors in any quantity less than three gallons, within the parishes of and keep bilSt. Philip or St. Michael, shall pay for every such license the liard tables. sum of ten pounds sterling money, to the city council, for the use of the corporation. And all and every person and persons Ito whom license shall or may be granted, in manner herein after mentioned, for keeping a billiard table in the parishes of St. Philip or St. Michael, shall pay for every such license the sum of fifty pounds sterling to the city council, for the use of the corporation, which licenses shall be granted by the city council, or court of wardens, in Charleston; and every license which shall be granted by virtue of this act, shall continue and be of force for the term of one year and no longer. 28. Whereas doubts have arisen respecting an act, entitled, P. L. 346. "An act to incorporate Charleston," so far as relates to the power of the court of wardens to commit for penalties and forfeitures incurred by virtue of the by-laws of the said cor A. A. 1783. |