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Passed, July

City Council

1. Be it ordained, That the City Council shall, on 29th, 1807. every third Monday in October, or at their next meeting thereafter, elect a City Marshal, who shall remain in office until the next annual election, unless previously removed by a vote of Council; and who, to elect City whilst in office, shall perform the functions, and exer- ally, &c. cise the powers, appertaining or incident to the office of a City Constable, and such also, as are hereinafter specified.

Marshal annu.

City Marshal

2. That, before the City Marshal enters on the execution of his office, he shall take the following to make oath, oath or affirmation in the presence of the City Coun- with surety. and give bond cil, to wit: "I, A. B. do solemly swear, (or affirm) "that I will truly, faithfully, and to the best of my ability, execute the office of Marshal of the City of Charleston, without fear, favor, prejudice or par"tiality; and that I will obey and execute, to the "utmost of my power, the commands and orders of "the Intendant, or of any of the Wardens of the said

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city, for the purpose of enforcing and carrying into "execution the ordinances of the City Council of "Charleston. So help me God." And he shall so give bond in the sum of one thousand dollars, with such sureity or sereities as shall be approved of by the City Council, agreeably to the tenor of the twelfth clause of an ordinance, passed on the thirteenth day of October in the year of our Lord one thousand eight hundred and six, entitled "an Ordinance, further regulating the appointments, duties, "and salaries of City Officers, and of other persons employed in the public institutions and departments "of the City of Charleston."

or more demi

3. That the City Marshal shall employ one or City Marshal more deputies, who shall be approved of by the In- to employ one tendant, and take oath (or affirm) in the presence of ties &c. the City Council, to the same effect as above prescribed to the city marshal; whereupon such a deputy shall have power and authority, to assist the City Marshal in the execution of his office, or on any occasion, when the city marshal is not present, to officiate for him and in his stead; but no deputy shall remain longer in office, than during the approbation of the Intendant or of the City Council; and

the streets of

the City Marshal shall be responsible for the conduct of each of his deputies, and obliged to have, at no time, less than one deputy for his assistance.

City Marshal 4. That it shall be the duty of the City Marshal, to to pass through go through the City of Charleston on every Sunday, the City twice once in the forencon, and once in the afternoon, aton Sunday, attended by his deputy or deputies, in order to snpdeputies, &c. press any riotous or disorderly conduct within the

tended by his

City Marshal to seize articles offered for

sale on Sunday, &c.

Proviso.

same, for which purpose he is hereby authorised and required, to enter into any public house or retail shop, or other house, building, lot, or enclousure, where any riot or disturbance, or other disorderly conduct, may be committed, and to take to his assistance, for suppressing the same, any of the city constables, or a patrol of the city guard. And any person or persons, who shall, upon any such oecasion, refuse entrance to, or interrupt, or abuse, the City Marshal, or any of his attendants, shall for each and every such offence forfeit and pay, for the use of the city, the sum of fifty dollars, with costs.

5. That it shall be the duty of the City Marshal, to seize any and every article, offered or carried about for sale on any Sunday, by any negro or other slave, in any street, lane, alley, or open court, within the city of charleston, as well upon his own view or other information thereof, as upon the request of the Intendant, or of any Warden of the city, or of any commissioner of the Markets, and to convey each and every article so seized, to the Poor-House, or to the Orphan-House, for the use of either of those institutions Provided however, that no such seizure shall be contrary to the twelfth and eighteenth clauses of the Market ordinance, passed on the sixth day of May in the year of our Lord one thousand eight hundred and seven, in which it is permitted, that certain articles, therein specified, may be offered or carried about for sale, on Sunday, during certain limited hours.

6. That it shall be the duty of the city marshal, to attend theIntendant or any Warden or Wardens of the city, and to assist either of them, and execute their or either of their orders, whenever he or they, or either of them, shall or may proceed to the trying

City Marshal

Intendant and

weighing

and weighing of bread, agreeably to the fourth clause of an ordinance, entitled, "An Ordinance for to attend the "regulating the price and assize of bread," passed Wardens for on the thirtieth day of July in the year of our Lord the purpose of one thousand seven hundred and ninety-five. And bread, &c. it shall also be lawful to and for the City Marshal, to seize any where such bread, made for sale, as he shall or may discover or suspect, to be wanting or deficient in any of those qualities, which are required in and by the said ordinance, and all bread, so seized, to bring before the Intendant or any Warden of the City, who shall examine and weigh the same, and order the City Marshal, either to give up again what is found right, or to convey to the Poor-House or Orphan-House, for the use of either of those Institutions, what may be wanting or deficient as aforesaid.

Commission

ination of

7. That it shall be the duty of the City Marshal, City Marshal to accompany each and every Commissioner of the to accompany Markets, whenever any of them may request his ers of markets assistance, in the examination of weights and mea- in the examsures at any house or building in the city, where weights and groceries liquors and other goods are sold; and upon the order of any such Commissioner, to seize and and destroy all weights and measures, that may be deficient, unjust, or otherwise unlawful.

measures.

to seize or de

8. That it shall be the duty of the City Marshal, and he is hereby authorized and required, to seize City Marshal and secure, or to kill and destroy all goats and stroy all goats swine, running at large in any part of the city, and if or swine, &c. attended by his deputy or deputies, or by any other person or persons in his employment, to cause such goats and swine to be seized and secured, or killed and destroyed, by either of the persons aforesaid; it being lawful to and for him or his deputy or deputies, to apply the same to his and their use, and to proceed on all such occasions, without any form of judicial proceeding: Provided, that nothing, herein contain- Proviso ed, shall extend, or be construed to extend, to per

sons driving goats or hogs for sale to market.

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9. That it shall be the duty of the City Marshal, under the direction of the Intendant, to assign proper stands to porters and day laboures, to which they

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City Marshal

labourers to

shall repair, and at which they shall remain, while to direct por- they are not engaged or employed to work; and ters and day likewise to examine once at least in every month the the stands as- badges, to be obtained for, and worn by, such porsigned them, ters, day labourers, and other slaves, working on hire, in order to bring every one, therein offending, to punishment according to law.

&c.

to fix stands for public chairs, &c.

10. That it shall be the duty of the City Marshal, City Marshal under the direction of the Intendant, to fix for all public chairs, chaises, curricles, waggons, carts, drays, or other carriages, plying or exposed for hire, proper stands, at which each of them shall be stationed and remain, while not engaged or actually employed; and likewise to examine once at least in every quarter, whether the numbers and figures, referring to their respective licences, are duly attached, in order to bring every one, therein offending to punishment according to law.

11. That it shall be the duty of the City Marshal, City Marshal and he is hereby authorized and required, to take to apprehend into his possession any horse or horses running at ning at large. large in the city, (the thirteenth ward, and that part

all horses run

of the twelfth ward, which lies to the west of St. Philip's street and to the north of George street, excepted)* as well as any horse or horses, that may be driven or led through any street or streets of the city, without being properly bridled or haltered, or without being under the charge of some person or persons capable of managing the same; and to keep, or send to some convenient livery stable, every such horse or horses, to be given up to the respective owner or owners, on his, her, or their paying the expences of keeping, and other incidental charges. And if any person or persons shall, in any street, ing horses to lane, alley, court, or open lot within the city, break be prosecuted. any horse or horses to the draught or otherwise, the

Persons break

City Marshal shall likewise proceed, and he is hereby empowered and required to proceed, with any such horse and horses, in the same manner as above directed with regard to horses running at large, or driven or led contrary to the foregoing provision; * Altered by an ordinance, passed 27th June, 1817. (See page 179.)

and he shall moreover prosecute any such person or persons according to law.

City Marshal to prevent

placing a stall

&c. for the purpose of ex

for sale.

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12. That it shall be the duty of the City Marsha!, slaves from to prevent all negroes or other slaves, from placing a in any street, bench, table or other stall board, in any street, lane, alley, or public thoroughfare, or on any wharf within posing articles the city, for the purpose of exposing any article or commodity for sale, and to proceed in all such cases agreeably to the eleventh clause of an ordinance, passed on the twenty-eighth day of October in the year of our Lord one thousand eight hundred and six, entitled, " An Ordinance for the government of negroes and other persons of colour within the City "of Charleston, and for other purposes therein City Marshal "mentioned."

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to remove all nuisances, &c.

the Intendant or Warden of

existence of any nuisance.

13. That it shall be the duty of the City Marshal, whenever ordered by the Intendant or any two Wardens of the City, to remove and cause to be removed, all damaged grain, and all putrid substances, and to abate and assist in abating, all offensive or dangerous nuisances, in whatever building lot or place within the limits of the city the same may exist or occur. And to the end, that the dangers, arising from any or either of the causes aforesaid, may be in To report to due time and as much as possible obviated, the City Marshal shall be obliged, immediately upon having the ward the any notice or apprehension thereof, to make the same known to the Intendant of the City, and to the Warden, in whose ward there shall or may be any damaged grain, or other putrid substance, or other offensive or dangerous nuisance. 14. That it shall be the duty of the City Marshal, where private to ascertain whether any private drain, leading into nected with and connected with a public drain or sewer, is the public choaked or filled with dirt, or is used for conveying choaked, &c. the contents of a privy or privies into a public drain or sewer; and immediately upon knowing or suspecting any such case, to give notice thereof to the Commissioner of Streets and Lamps, appointed for the ward where such a private drain may exist, or in his absence from the city, to the Chairman of the Board of Commissioners aforesaid; and thereupon to execute the order or orders, which such Commis

City Marshal to find out

drain is con

drain, and if

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