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APPENDIX

EXTRACTS

FROM THE

Wcts of the Legislature,

WHICH RELATE TO THE CITY COUNCIL AND THE

CITY OF CHARLESTON.

WHEREAS from the extent and population of Charlestown, its growing importance, wih both respect P23d, 1783

, Aug: to increase of inhabitans, and an extensive commerce with foreign nations, it is indispensably necessary that many regulations should be made for the preserva- Preamble. tion and peace and good order within the same : And whereas, from the many weighty and important matters that occupy the attention of the Legislature at their general meeting, it has hitherto been found im-Enacted, that practicable, and probably may hereafter become more zens of United so, for them to devise, consider, deliberate on, and States, and redetermine all such laws and regulations as emergen- in town or cies, or the local circumstances of the said town may freehold one from time to time, require : Therefore be it enacted by year therein the honorable the Senate and House

of Representatives, politic, and thie and by the authority of the same, That from and im- town to be mediately after the passing of this act, all persons, of Charleston, citizens of the United States, and residing one year within the said town, or having had a freehold one year within the same, shall be deemed and they are hereby declared to be a Body Poltic and Corporate,

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Have a com

lands, &c.

and the said town shall hereafter be calied and known by the name of the CITY OF CHARLESTON.

4. And be it further enacted by the authority afore

said, That the Intendant shall and may, as often as lotendant may occasion may require, summon the Wardens to meet summon the together in City Council

, any nine of whom to be a meet in City quorum,t who with the Intendant shall be known by Council; nine the 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 pur

chase, have, hold, receive, enjoy, possess, and retain, mon seal, and to them and their successors, for the use of the City to purchase of Charleston, in perpetuity, or 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 shal? think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be an

.swered unto, in any court of law or equity in thiş To sue and be state. And they shall also be vested with full

power sued. and authority from time to time, under their com

mon seal, to make and establish such by-laws, rules

and ordinances respecting the harbour, streets, lanes, To make by: laws respect- public buildings, work-houses, markets, wharves bour, &c. for public houses, carriages, waggons, carts, drays, pumps the security of buckets, fire-engines, the care of the poor, the regu .

lation 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 and good government within the same.* *And they shall also be vested with all the powers and authorities which, by law, are vested in the commişsioners of the streets, commisşioners of

The remaining part of this clause iš altered by an act of the Legislature, passed in 1809. The 2d clause is obsolete. The 3d ¿lause is altered by subsequent acts.

+ See Act of the 16th December, 1797, declaring that seven shall constitute a quorum, except for the imposition of taxes, and the appropriation of money.

the city.

the markets, of the work-house, fire-masters, and City Councit commissioners of the pilotage ; and they may take Yested with such effectual measures, for carrying into execution commissionáll laws in force respecting the said city and harbour, streets, lic. ás to them shall appear expedient and necessary And the said City Council shall also be vested with full power and authority to make such assessments City Council on the inhabitants of Charleston, or those who hold may make astaxable property within the samé, for the safety con- the inhabitants venience, benefit, and advantage of the said city, appoiut offias shall appear to them expedient; and to affix and cers. levy fines for all offences committed against the bylaws of the said city; and to recover all sueh penalties as may be incurred, under any law or laws, now existing, respecting the said city. And they are here

Recorđer, &c. by also authorized to appoint a Recorder, Treasarer, appointed. Clerk, Coronor, * Harbour Master, Fire- Masters, Constables, and all other such officers (affixing the salaries and fees of such officers respectively) as shall appear to them requisite and necessary for carrying into effectual execution all the by-laws, rules and ordinances, they make for the good order and government of the said city, and the persons residing within the same. Provided always, That nothing herein Proviso. contained shall authorize the City Council to lay a duty of more than three-pence per tonf on any shipping in the harbour ; nor shall they make any bylaws repugnant to the laws of the land, or inconsistent with treaties made with foregn 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.

5. And be it further enacted by the authority aforesaid, Fee-simple of That the fee-simple of the following public lands and propriated for buildings within the said city, viz. The lands appro-le. Vested in priated for the exchange, the beef market, the lower the City Counmarket the fish market, the market at the western end eil. of Broad-street, with the buildings respectively theron,

* By an Act of the Legislature, passed December 18, 1817, the City Council is authorized to elect a Coroner for the parishes of St. Philip and St. Michael.

+ By an act passed in Dec. 1816, the City Council is authorized to impose and levy a duty not exceeding ten cents per ton.

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Fines to be

Recorder.

and the lands and appurtenances belonging thereto; the marsh land appropriated by law for a common; the lands bounded by Queen-street, Magazine-street, Back-street, and Mazyck-street (except two hundred feet square at the north-west corner thereof, reserved for a gaol) 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 families; any low water lots fronting any of the streets; shall be vested in the said City Council and their suca cessors, for the use and advantage of the said city, to be leased, sold or improved on, or otherwise disposed of, as to the said City Council shall appear most

conducive to the welfare and advantage of the said sued forțby the city and the inhabitants thereof. And all fines and for

feitures, for offences committed within the said, city, againist 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.

6. And be it further enacted by the authority aforesaid, Intendantshall That in case of tumult or riot, or appearance or pro

bability of tumult or riot in the satd city, the Intendant shall immediately summon together the City Council, and order the Constables, and other City officers, to attend the City Council, and such measures shall thereupon be taken, as shall appear most advisable for preventing or suppressing such riot or tumult:

and if any city officer shall neglect or refuse to obey Fides for City the order for attendance, from the Intendant, he shall other inhabit-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 for; feit a sum not exceeding five pounds sterling for every

such refusal. Wardens pow.

7. And be it further enacted by the authority aforesaid, That the said Wardens shall each of them have full power and authority, and they are hereby tequired to keep peace and good order in their respective Wards, to issue warrants, and cause all offend-,

In case of riot

summon War dens, &c.

ants, &c.

er within their respective wards.

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ers against law to be brought before them, and on their duty, examination, either to release, admit to bail

, if the and authority offence be bailable, or commit to the custody of the Sheriff of Charleston district, who is hereby required and commanded to receive thesame, and the same to keep in safe custody until discharged by due course of law. And the said Wardens, or any three of them, shall, in rotation, meet twice every week, or oftener, if occasion require, in the City. Hall, over the Exchange,* to hear and determine all small and mean causes,t agreeably to the directions of the act of the General Assembly, and all other matters. of complaint arising within the said city; 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 time of cleepreservation of the peace and good order thereof.

8. And be it further enacted by the authority aforesaid, That on the first Monday in September, one thousand seven hundred and eighty-four, and on the first Monday in September, every year thereafter, there shall be an election of Wardensf for each Ward; and the Intendant for the time being, shall give at least ten days notice of such election; and the per

Before whong

to qualify. son so chosen, may take the oath 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.

gible as an In9. And be it further enacted by the authority afore- than three svid, That the person chosen [Intendant] shall take years in five.

tion of War dens

No person eli

tendant more

* The City-Hall is removed to the corner of Broad and Meeting streets. † Such casuses are now triable in the Inferior City Court.

By an Act of the 18th of December, 1817, the Intendant and Wardens are to be elected at the same time, by a general ticket by all the citizens; the Wardens to reside in their respective Wards; and on their removal therefrom to vacate their seats. The loten:. antgow to be chosen from among the citizens. See Act, 1817

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