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his services the annual compensation of four hundred dollars payable quarterly.
2. That all ordinances or parts of ordinances repugnant hereto be and the same are hereby repealed.
Commissioner's Power. 1. Be it ordained, That the Commissioners of each 9th, 1808. and every institution, appointed by the City Council, and to whom power is given to appoint officers under them, be and they are hereby authorized and empowered to remove all such officers, whensoever discharge their they may think proper, Provided always, that such removals from office, shall be previously sanctioned by a vote of the City Council.
Power of commissioners to
Constables. Whereas for the preservation of peace and gond Passed, Nov. order in the city of Charleston, it is necessary that Constables should be appointed in the several wards Preamble. of the said city:
1. Be it ordained, That all future elections for City Time of electConstables shall take place, on the third Monday in October, in each and every year, or on the next council day thereafter.
2. That whenever a vacancy or vancies shall happen in any of the said wards, by death or otherwise, the City-Council shall immediately thereafter elect In case of va another Constable or Constables, to fill such vacancy proceed. or vacancies, and the person or persons, so to be elected, shall continue in office until the next general election.
3. That the Constables, to be elected as aforesaid, shall before they enter on the duties of their office, and within five days after their election, take the to take cath. following oath, before the Wardens in their respective wards, (who shall thereupon give them a certificate of their appointment); that is to say, “I, A. B. “ do swear (or affirm as the case may be) that I will "well and truly serve in the office of City Constable, Oatk. and execute all the duties belonging to the same,
"according to the best of my skill and knowledge. “ So help me God.” And every Constable, not taking the said oath within the time above mentioned, or who shall not make a reasonable excuse for his non-attendance for that purpose, within one fortnight thereafter, shall be considered as declining the appointment, and be liable to the same fine, as those refuing to act.
4. That it shall be the duty of the said Constables, or either of them, to discover and prevent as far as possible, any unlawful or riotous assemblages of any persons whatsoever in the streets or elsewhere, with
in the said city, and upon such discovery, they or Penalty.
either of them are hereby directed under the penalty of ten dollars, to apprehend the person so offending ; and if a white person or persons, the same to to take before the Intendant, or one of the Wardens, who shall thereupon grant a warrant for his, her, or their commitment; and if a slave or person of colour, shall be committed to the Work-House, to be dealt with as the law directs. Provided nevertheless, That all persons, found rioting during the night, shall be immediately taken to the Guard-House and there confined until the morning.
5. That whenever a fire shall happen to break out in the city of Charleston, it shall be the duty of the said Constables, and they are hereby directed to assemble with their staves at said fire, to be ready to receive such orders and directions, as may from time to time be given them during the said fire, by the Intendant or any of the Wardens; and in case of the absence of any of the said Constables on such occasions, without a reasonable excuse, they or either of them shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered in the Inferior City Court.
6. That it shall be the duty of the said Constables,
or either of them, all times to be aiding and assisting To aid and as- the Intendant and Wardens, or any of them, and for ing law. that purpose, whenever called upon or directed by
the said Intendant or any of the Wardens, shall enforce any of the city ordinances, for preserving peace.
Constables to attend fire.
sist in enforc
and good order, within the said city, and if they or either of them shall 'refuse or neglect so to do, upon conviction thereof, shall be liable to a fine of ten dolars, to be recovered as aforesaid.
7. That if any person or persons shall resist or op- Personsoppos pose any of the Constables of the said city, in the ing constaltes awful execution of the duties of his office, every alty. such offender, if a white person or persons, shali upin conviction in the Inferior City Court, be liable to i fine of one hundred dollars ; and if a slave or free person of colour, shall for three successive weeks, receive each week twenty lashes on the bare back, at the public market place, in Market streets.
Iliale to pen
1. Be it ordained, That from and immediately af- Passed. Nov. ter the passing of this ordinance, the City Council shall elect by ballot, twenty-four Constables, viz : for Ward No. 1. six Constables-Ward No. 2. four ('onstables-Ward No. 3, six Constables and Ward No. Constables. 4, eight Constables. And the persons so elected, shall be citizens of this state, and residents within their respective Wards; and upon their taking the oath, as directed in the foregoing ordinance, ratified in City Council on the 18th day of Nov. 1805, they shall be liable to the same duties, and invested with all the powers and authorities in any part of the said city, that Constables by the laws of this state have usually been liable to, or exercised; and every per- Fine for reson so chosen, who shall reluse to act, shall forfeit fusal to act. and
pay to the City Treasurer, the sum of thirty dollars, to be sued for and recovered in the Inferior City Court. Provided, That no officer of this state, civil or military, member of either branch of the Legisla- Persons erture, Clergymen of any denomination, practising empt from dus Attornies, or other officers of the courts of Justice, ty. practising Physicians, or Apothecaries, School-Masiers, Masters of coasting Vessels, Pilots, or any person who has attained the age of forty years, shall be compelled to serve in the said office; nor shall any other person be obliged to serve more than one year in any term of five years.
2. And whereas may persons have been in the practice of drawing along the foot pavements, small coaches, chairs, curricles, &c. to the great inconvenience of foot passengers, and whereby the lives of the
citizens may be jeopardised from horses taking fright, Coaches, &c Be it therefore ordained, That it shall not be lawful on the paves to, or for any person to draw or roll any small coach,
carriage, curricle or chaise, along the foot pavements, or any other hard body or machine of any kind whereby the pavements may suffer damage, or foot passengers be incommoded. And every white person herein offending, shall for each and every such offence, be fined in the sum of twenty dollars, to be sued for and recovered in the Inferior City Court; and every negro or person of colour shall receive not more than twenty stripes for each and every such offence, to be adjudged by Warden of the city.
Coroner to be
Coroner. 1. Be it ordạined, That immediately after the ra19. 1818. tification of this ordinance, a Coroner for the parishes
of St. Philip and St. Michael, shall be elected by the
City Council, who shall be commissioned by the Inelected 'hy the tendant, and shall remain in office, until the next anCity Council. nual election of city officers, unless previously re
moved by a vote of council.
2. That before the Coroner, for the parishes of St. Philip and St. Michael enters upon the duties of his office, he shall take the following oath or affirmation:
), þ. G. do solemnly swear, that I will, well and
truly, execute the office of Coroner, for the parishes " of St. Philip and St. Michael, and do and perform " all the duties incident thereto, to the best of my
“ knowledge and skill-So help me God.”. And it Coroner's duty
shall be the duty of said Coroner, and he is hereby empowered to take inquest of all felonies and other violent and casual deaths, committed or happening, within the limits of the Parishes of St. Philip and St. Michael ; and that he shall perform and do all the acts and duties, appertaining to the office of Coroner
of this state, as are or may be prescribed, by the Acts of the Legislature of this State, and the ordinances of the city, and shall receive the same fees of office as District Coroners are entitled to, under the Act of the Legislature.
3. That all ordinances or parts of ordinances, here - Repeat tofore passed, repugnant to this ordinance, be and the same are hereby repealed.
of Wardens. 1. To the end, that some mode may be provided "25, 1796. by which the grievances of the citizens may be made known to the City Council, Be it ordained, That if any person have any cause of complaint against one of the city officers, he shall give it in writing: to plaints are to the Intendant, or some one of the Wardens, whose be made a. duty it shall be to lay it before the Council at their gainst the city rext meeting; and the Council upon receiving such complaint, shall immediately take it into consideration, and make such order upon it as in their opinion shall be just and expedient.
Court of iDardens and Sheriff.
1. That the Clerk of the Court of Wardens,* or his Passed, Oct. Deputy, the Sheriff of the City, under, or Deputy Sheriff, shall not act as an Attorney, or counsel, in any causes to be tried in the Court of Wardens, nor Clerk or Sheshall any other
other person, but such as have been admit-riff, &c. not to ted to the bar of the courts of this state, be admitted het, ascAttorto plead before the Court of Wardens. Provided mevertheless, That every person shall have a right, to plead his own cause before the said court, without employing any counsel or attorney whatever.
2. That if the Sheriff, under, or deputy Sheriff, or Clerk of the Court of Wardens,for his deputy, shall demand take or receive any other, or greater fees,
* Duty of the Clerk of the Inferior City Court.