TIT. 5. A. A. 1811. Lots much in jured, to be paid for. widening of the aforesaid street; and that the other half or moiety of the expense attending the aforesaid measure, be assessed upon the owners of lots in the aforesaid State-street, in consequence of their particular and local advantages resulting therefrom, and that the said owners of lots be, and they are hereby required to defray one half of the aforesaid assessment. 143. And be it further enacted, That wherever a lot shall have been so much reduced and injured by the widening of the said street, as to be unfit for convenient buildings, and thereby greatly injured, the commissioners shall be empowered and required to take the whole lot, at the expense and for Commission the benefit of the city of Charleston; that James Nicholson, ers appointed. Bartholomew Carroll, Thomas Bennett, jun. John Horlbeck, jun. Basil Leneau, and Dr. Joseph Kirkland, be, and they are hereby authorized and empowered to assess and make a true estimate of the damages which shall be sustained by the owners of lots and houses, lying on or near the said street, or any other person, by reason of the widening of the said street, one half of which said damages shall be made and paid by the intendant and wardens of the city of Charleston, and the other half to be made and paid by the proprietors of land on both sides of the said street. 144. And be it further enacted, That should any of the persons above named as commissioners, die, remove, or decline serving, before they shall have assessed the damages aforesaid, then, and in that case, his excellency the governor for the time being shall be, and he is hereby authorized to nominate and appoint some fit and proper person to fill up such vacancy occasioned by the death, removal, or declining to serve, of any of the above named commissioners, or by the death, removal, or declining to serve, of any of the commissioners who shall or may be appointed by the governor, in conformity to this act. 145. And be it further enacted, That this act shall be deemed and taken as a public act, and shall and may be given in evidence in any of the courts of law or equity in this state, without being specially pleaded, any thing to the contrary notwithstanding. 146. And be it further enacted, That any and every law or laws contrary or repugnant to this act, shall be, and the same are hereby repealed. 147. Whereas by an act passed on the twenty-first day of December, in the year of our Lord, one thousand eight hundred and eleven, entitled, "An act to authorize the opening and widening of State, late Motte and Union-streets, in the city of Charleston, in such manner, and under such privisions as are herein specified," it is provided, that owners of lots in the aforesaid street, shall pay one half or moiety of the damages to be assessed by the commissioners therein appointed, in consequence of their particular and local advantage resulting therefrom, but no provision is therein made to enforce the payment of their respective proportions of the assessment to be made by the said commissioners, nor for making final their TIT. 5. assessment, made pursuant to the said act. conclusive, &c. 148. Be it therefore enacted, That the assessments which A. A. 1812. have or may hereafter be made by the commissioners appoint- The commised and empowered to assess and make an estimate of the sioners for laying out damages which shall or may be sustained by owners of certain lots and houses, lying on or near the said street, or any other streets, &c. person, by reason of the widening of the said street, be, and their assessthe same is hereby declared to be final and conclusive, be- ments of danttween all and every person or persons interested therein; ages to be and if any person or persons who are or may hereafter be liable to pay any part or portion of the assessment made, or to be made by the said commissioners in pursuance of the aforesaid act, shall, after having had ten days notice of the amount of his, her, or their proportion of the said assessment, refuse to pay and satisfy the same, it shall and may be lawful for the intendant and wardens of the city of Charleston, to advertise and sell according to the laws regulating sheriffs' sales, all and every such house or houses, lot or lots, on account of which any proportion of the said assessment may be due or owing, returning the overplus (if any should remain after the payment of the fees accruing on such sale) to the person entitled to receive the same; and the said houses and lots, and each and every of them, are hereby declared to be bound for and chargeable with the payment of their respective proportions of the said assessment. 149. And be it further enacted, That the said commissioners shall be, and they are hereby authorized and empowered to take possession of every lot or lots, part or parts of lot or lots, and to remove all houses, buildings, fences, or other obstructions therefrom, as may be necessary for the opening and widening of the said street. Loan to esta 150. And be it enacted, That ten thousand dollars be ap- A. A. 1812. propriated for the purpose of establishing a cotton manufac- [Manufactory, to be erected in Greenville district; to be paid to tures.] Messrs. Caruth and Thompson; which said sum of ten thou- blish a cotton sand dollars, with interest of seven per cent. per annum, shall manufactory be repaid, one half at the expiration of two, and the remainder in the district at the expiration of three years, they giving landed security of Greenville. to ten times the value of the said loan, with a power in the mortgage to sell the estate mortgaged at the end of the said term, without any necessity of judgment on their bonds; all which deeds shall be under the inspection and direction of the comptroller-general. [See Title 108, Lands, Vol. 2.-Title 99, Inn-keepers and Retailers of Liquors, Vol. 1.-Title 8, Country Produce and Manufactures, § 134. Vol. 3.-Title 87, Gaming and Swindling, Vol. 1.7 62 TIT. 6. A. A. 1791. TITLE 6. Colleges. 1. WHEREAS it appears to the legislature, that many inconveniencies have arisen in carrying into execution the act, entitled, "An act for erecting and establishing a college in the village of Winnsborough, in the district of Camden; a 1 Faust 194. college in or near the city of Charleston; and a college at Ninety-Six, in the district of Ninety-Six, in the state of SouthCarolina," passed the nineteenth day of March, in the year of our Lord one thousand seven hundred and eighty-five, both as to the time of election of officers from among the trustees of Charleston college, and as to the other stated times and places of meeting of the trustees of the said college; and also that by blending the regulations for the said three colleges into one act, doubts had arisen in many instances, as to the construction of the same: For remedy whereof, Trustees of 2. Be it therefore enacted, That the College of (the present officers) and the rest of the trustees of the college of Charleston, duly appointed, that is to say : Charleston. Corporate powers and capacities. and their successors, to be elected in manner herein directed, shall for ever hereafter, be one body, politic and corporate, in deed and in name, by the style of Trustees of the College of Charleston; and that by the same name they and their successors shall and may have perpetual succession, and be able and capable in law, to have, receive, take and enjoy, to them and their successors, lands, messuages, rents, liberties, franchises and hereditaments of any kind, nature, quality or value, in fee and perpetuity, and also estates for lives and for years, and all sums of money, goods, chattels and things whatsoever, and of whatsoever value, for building, erecting and supporting the said college in Charleston; provided the same do not exceed, in the whole, the yearly value of five thousand pounds sterling; and that by the same name they and their successors shall and may be able to implead and be impleaded, answer and be answered unto, defend and be defended, in all courts and places, and before all judges and justices whatsoever, in all actions, pleas, plaints and demands, and to grant, bargain, sell or assign any lands, tenements, hereditaments, goods or chattels, and to act and do all things whatsoever, for the uses aforesaid, in as ample manner and force as any natural person or body corporate or politic may by law: That they shall and may have a common seal for the business of them and their successors, with liberty to change, alter or make new the same, from time to time, as they shall think proper; and that the land heretofore given and appopriated for a free school in Charleston, which was reserved by the aforesaid act, for the use of the said college, shall continue vested in the said trustees and their successors for ever, for the purposes aforesaid; any law, usage, or custom to the contrary in any wise notwithstanding. TIT. 6. A. A. 1791. S. And be it further enacted, That the said college at Dec. Sess. Charleston shall be under the management and direction of 1 Faust 196. The college twenty-one trustees, or a quorum or board thereof, to be to be under chosen, appointed and perpetuated as follows: The said trus- the superintees, and their successors, shall meet on the Monday prece- tendance of ding the third Wednesday in October in every year, at the trustees; said college in Charleston, between the hours of nine and three, due and public notice thereof being given by the se- who shall cretary, at least ten days before, in the City Gazette, or in elect officers of the society. writing, and that the major part of those so met shall choose by ballot, a president and such other officers as they shall think necessary for the year ensuing. The said president and officers so chosen, shall take an oath for the due and faithful execution of their office, to be administered to them by any judge or justice of the peace. 4. On the death, resignation or removal from the state, of any trustee, the president, or in his absence, the next presiding officer, shall, within three months thereafter, cause the other trustees to be summoned to meet at the college or such other place in Charleston as may be thought more convenient, after a notice of ten days; and the trustees who shall meet, not less than eleven being present, or a majority of those so met, shall choose, by ballot, another trustee in the place of of the one so dying, resigning or removing, who shall be vested with all the powers and privileges of his predecessor. ses. 5. And be it further enacted, That the said trustees of the By-laws; by college of Charleston, or a majority of them, shall have full whom to be power and authority, from time to time, to make, constitute made, and for what purpo and establish such and so many by-laws, rules and orders, as to them shall seem necessary and convenient for the better regulation, government, well ordering and directing of them! selves as trustees aforesaid, as well as of the said college in Charleston, and all officers, professors or other persons by them employed or to be employed in and about the same, and of all students in the said college; and for the better managing, limiting and appointing of all and singular the trusts and authorities in them and each of them reposed and to be reposed; and for doing, managing and transacting all things necessary for and concerning the government of the same college, and the same by-laws, rules and orders to put in forceand execution accordingly, and the same again at their will and pleasure to alter, change, revoke or annul; all which bylaws, rules and orders so to be made as aforesaid, shall be binding on each and every of the said trustees, and on all officers, professors and other persons by them employed, and on all students in the said college, and shall be, from time to time, by each and every of them inviolably and punctually observed, according to the tenor and effect thereof, under the several pains, penalties and disabilities therein expressed, fixed, appointed or declared: Provided, That the same shall TIT. 6. A. A. 1791. 1 Faust 198. be reasonable, and not contrary or repugnant to the laws of this state, or of the Congress of the United States of America. 6. And be it further enacted, That the said trustees, or so many as shall be fixed on by their by-laws as aforesaid, shall Power to con- have full power, by the principal or professors of the said colfèr degrees. lege, to grant or confer such degree or degrees, in the liberal arts or sciences, to any of the students of the said college, or other persons by them thought worthy thereof, as are usually granted and conferred in other colleges in Europe or America, and to give diplomas or certificates thereof, signed by them, and sealed with the common seal of the trustees of the college, to authenticate and perpetuate the memory of such graduation. Misnomer of said college shall not defeat any gift, grant, &c. Religious per 7. And be it further enacted, That no person shall be exsuasion no dis- cluded from any liberty, privilege, immunity, office or situaqualification. tion in said college, on account of his religious persuasion; Provided he demean himself in a sober, peaceable and orderly manner, and conform to the rules and regulations thereof. 8. And be it further enacted, That no misnomer of the said college of Charleston, shall defeat or annul any gift, grant, devise or bequest to the same; provided the intent of the parties shall sufficiently appear upon the face of the gift, grant, will or other writing, whereby any estate or interest was intended to pass to the said college, nor shall any disuser or nonuser of the rights, liberties, privileges, jurisdictions and authorities, hereby granted to the said college, create or cause a forfeiture thereof; and that the part or share of all legacies heretofore bequeathed towards the establishment of a college or colleges to be erected in this state, which by the aforesaid act, were vested in the trustees for Charleston college, shall continue so vested in them and their successors for ever, for the purposes aforesaid. Trustees may 9. And be it further enacted, That the said trustees shall draw lotteries. be, and they are hereby fully authorized and empowered to hold and proceed to the drawing of one or two lotteries, and finally to conclude the same so as to raise in the whole a clear net sum, not exceeding three thousand pounds sterling, for the use and benefit of the said college. Repealing clause. 10. And be it further enacted, That all and every part of the said act, passed the nineteenth day of March, in the year of our Lord one thousand seven hundred and eighty-five, which relates or appertains solely to the college established in Charleston, shall be, and the same is and are hereby repealed and made null and void as to the said college, or the trustees thereby appointed, and that this act shall be deemed a public act, and judicially taken notice of as such without special pleading; that the same shall be liberally construed for fully carrying into effect the beneficial purposes hereby intended; and if any person or persons shall be sued for any matter done in pursuance hereof, he, she or they may plead the general issue, give this act and the special matter in evidence, and on discontinuance by, or judgment against the plaintiff, shall recover treble costs. |