« SebelumnyaLanjutkan »
diately preceding the commencement of the suit, what persons process or action, or who shall not have been in can sue and be the habit of residing there during four months in the sued in this year, preceding the commencement of the suit, shall be liable to be sued in the said court.
6. That the court hereby established and author- When Court ized, shall hold its term and sitting on the first Monday in every two months,* for the dispatch of business, and may continue to sit for any time, not exceeding six days; and all issues and business not then disposed of, shall be considered as adjourned over to the succeeding term; and all motions for new trial, tehere wo time in arrest of judgment, and all other qestions of law, and arrest of may be moved for, on the second Monday of each judgment are term, and the Court shall and may sit three days, for hearing and determining such motions and questions. All writs and process shall be issued by the Clerk of
the said Court, and shall be made returnable to the first day of the term next succeeding the issue of the same; and the defendant upon entering special bail, Proceedings
if required, shall, in all cases, be entitled to imparl how to be conuntil the last day of the said term ; at which time, or within ten days thereafter, the defendant shall file his plea or defence, in writing, with the Clerk of the Court, or the Plaintiff may take judgment by default: Provided, That where judgments are taken by default between the first and second term, no execution shall be enforced thereon, till after the second day of the succeeding term ; and the defendant may, at the meeting of the Court, on the first day thereof, move to be let into any substantial defence, upon condition of pleading issuably instanter, and going to trial during that term.
DOS 7. That the
said City Court of Charleston, shall Court vested be and it is hereby invested with power and authority grant rules, to to grant rules, to hear and determine motions for hear and denew trial, in arrest of judgment, and all questions of tions of law, law, arising out of causes within its jurisdiction ; to issue subpoenas for the attendance of witnesses ; to grant commissions for the examination of witnesses; to issue executions of fieri facias against the real and
By an act of December, 1817, it is directed to sit once every month.
which the said city may incur, by reason of the estaplishment of the court hereby established. 12. That the said Recorder shall not be permitted Recorder not to plead in a Superior Court, in any cause which has permitted to been argued before, or adjudged by him, and that periour Caurt. any person shall have a right to appeal from the judgement of the said court, to the Superior Court of Ses
sions or Common Pleas, within the said district, on making oath that he verily believes that he has substantial justice on his side, and that he does not appeal merely to delay the operation of law and justice.
13. That Justices of the Peace and of the Quorum, Jurisdiction of except in the City of Charleston, throughout the Justices of the State, shall have jurisdiction in all cases of debt, se- Quorum, excured by bond, note or bill, or liquidated account, ceptin to the amount of thirty dollars :* Provided always ne- cases of debt vertheless, That all judgments to be given by magis-bih, oor lique trates as aforesaid, for the sum of thirty dollars, shall dated account
to $30. not be enforced under three months, if the defendant shall give bond and approved security, that he will proviso. produce sufficient property to answer said debt at the expiration of the said three months; and that all
other judgments to be given by such magistrates, for 1 any other sum, above the sum of twenty dollars, shall not be enforced for two months, if the defendant shall give bond and security to produce sufficient property to answer said debt at the expiration of the said two months: And provided always, That nothing in this act contained, shall extend to preclude any persona or persons, who may conceive him, her or themselves to be aggrieved by the decision of any magistrate, from the right of an appeal, as by law is in other cases provided.
* In the case of White vs. Kendrick, the Constitutional Court of Appeals at Columbia, in April 1805, the question was, the constitutionality of this clause, giving jurisdiction to Justices of the Peace, to the amount of $30, without making provision for trials by jury. In November 1305, three Judges against one in the Constitutional Court, decided that this clause was unconstitutional and void, and would be a violation of the constitutional rights of a citizen, if the priviledges of trial by jury should be claimed; and that there was no provision made by the act allowing such priviledge. The same doctrine was recognized in November 1806, in the case of Collier vs. Rogers, and ruled that the judiciary of a Magistrate extended to $20, and not beyond.
Keeper of gaol 14. That the keeper of the gaol in Charleston disin Charleston, trict be, and he is hereby authorized and required
, ised to receive to receive into his custody, all such prisoners as shall mitted under be committed to such gaol, under ihe authority of authority of the said Court hereby established, and there to keep
in safe custody, all such prisoners, until discharged
, 18th, 1817, established in the City of Charleston, shall be holden
on the first Monday in every month, instead of the Inferior City time now directed by law, and that all writs of ve
nire, processes, and recognizances shall be returnable * hen to sit. accordingly, and that all jurors and witnesses duly
summoned to attend said Court, shall be liable to attend at the time aforesaid, and on their failure so to do, they shall be subject to the same penalties as are now prescribed by law.
3. Be it enacted, That the City Council shall be, and they are hereby authorized to demand, and re
ceive, a toll on such carriages, persons, horses, cattle, May take toll baggage, merchandize, and other articles, as may
shipped, at the slip at the lower end of Queen-street (except on persons and goods brought over from Hibben's ferry, in his ferry boats) not exceeding the rates now received by the owners of wharves, and other landing places in Charleston.
And whereas it has been found inconvenient to require so large a number of Wardens to form a Quorum of the City Council of Charleston, as is now required by law:
4. Be it further enacted, That except in the imposeven mem.sition of taxes, and the appropriation of money, the
Intendant and seven Wardens of the City Council of Charleston, shall form a quorum to do and perform all the duties imposed, and to exercise all the
powers and authorities, vested in the City Council by the charter, or any law.
Passed, Dec. 16th 1797.
at the lower
Intendant and a bers to make a quorum.
1. Be it enacted, That all and every person and Passed, March persons, to whom licence shall or may be granted in manner hereinafter mentioned, for keeping a billiard table in the Parishes of St. Philip or St. Michael, Price of licenshall pay for every such licence the sum of fifty ing a billiard pounds sterling to the City Council, for the use of the table, L. Corporation, which licences shall be granted by the City Council, or Court of Wardens,* in Charleston; and every licence, vyhich shall be granted by virtue of this act, shall continue and be of force for the term of one year, and no longer.
Be it enacted, That from and immediately after the passed, 1809. passing of this act, it shall not be lawful for the City Council of Charleston to require on licences to retail Price of li Spirituous Liquors, any other or greater tax than liquors.
9. Be it enacted, That from and immediately after Passed, Dec. the passage of this act, the City Council of Charles- 13th, 1817. ton shall be and they are hereby authorized to permit and licence the managers of the Charleston City Council Theatre, or any other person or persons, to exhibit of Charleston Theatrical Entertainments within the said city, and Theatres. to impose and collect for each and every such licence, such sumt as they may from time to time deem reasonable: Provided, the same do not exceed five hundred dollars.
1. Be it enacted, That all bodies corporate, by any Passed, Dec, suit, bill, or plaint, in any Court in this State, may sue for, recover and receive from their respective, members, all arrears or others debts, dues and de- Bodies Corpo, mands, which now are or hereafter may be, owing rate may sue to them, in the like mode, manner and form, as they by their memmight sue for, recover and receive the same, from bers.
any indifferent person, who might not be one of their 1 body; any law, usage or custom, to the contrary thereof, in any wise notwithstanding.
* Now Inferior City Court. See ordinance, passed December, 11th, 1811, regulating the granting of licences, page 18, 19 & 20.
† See page 31. By an Ordinance of the City Council, passed 8th of April, 1818, the sum of $500 is required for such licence,