the oath of qualification in the presence of the Wat dens; until which the former Intendant shall contiIn case of In- nue to act; but no person shall be eligible to serve as Intendant for more than three years in any term of five years. tendant's death, &c. Intendant, re shall forfeit £30. Proviso. 10. And be it further enacted by the authority aforesaid, That in case of the death of the Intendant, his resignation, removal from office, or absence from the state, the Wardens shall thereupon appoint a time for choosing another, and give ten days public notice of the same; and in case of vacancy in any one of Person elected the Wards, by death or otherwise, the Intendant shall fusing to act, issue a summons to the Ward for filling up such vacancy, giving five days notice of the same. And if any person on being elected Intendant, shall refuse A Warden £20 to act, he shall forfeit and pay to the Treasurer of the City, for the use of the same, the sum of thirty pounds sterling; and if any person on being elected Warden, shall refuse to act, he shall also pay to the Treasurer of the City, the sum of twenty pounds sterling. Provided, that no person who hath attained the age of fifty years, shall be compelled to serve in either of the said offices; nor shall any other person Wardens mis- be obliged to serve more than one year in any term behaving in office. of seven years. And in case the Intendant or any of the Wardens, whilst in office, shall be guilty of any wilful neglect, mal-practice, or abuses, on information being filed of the same at the Court of General Sessions, and conviction thereof, he shall forfeit and pay a sum not exceeding two hundred pounds sterling, for every such willful neglect, mal-practice, or abuse; Persons acting under this law the money to be recoverd by the Recorder, and lodg being sued, ed with the City Treasurer, for the use and benefit of may plead, &c the said city. Penalty for Intendant or Passed, Dec. 17th, 1808. 11. And be it further enacted by the authority aforesaid, That if any person shall be sued for any thing done by virtue of this act, he may plead the general 'issue, and give this act and the special matter in evidence. 1. Be it enacted, That from and after the passing of this act, the Intendant of the City of Charleston, who elected. shall be elected from the corporators of the City of Intendant, Charleston, who shall be qualified as hereinafter pre- how to be scribed, on the third Monday* in September in each and every year; and whomsoever shall have the greatest number of votes, shall be duly elected. 2. That the managers to conduct the said election Managers to be appointed shall be appointed by the City Council of Charleston, and elections and shall hold the same at the Court-House and Cen- to be held. tre Market in the said city of Charleston, on the day aforesaid, in each and every year, from the hour of nine o'clock to the hour of twelve o'clock in the forenoon, inclusive of the latter, and from the hour of two o'clock to the hour of five o'clock in the afternoon, inclusive of the latter. filled. 3. That in all cases in which the said elections shall How vacannot take place at the time aforesaid, and in case of cies are to be vacancy from death, resignation, or any other cause, an election shall be held by managers appointed as aforesaid, at the places aforesaid, on each day as the said City Council shall appoint, during the hours aforesaid; and the person elected shall serve until the next general election, which shall be held according to the provisions aforesaid. tendant or 4. That no person shall be eligible to the office of Who shall be Intendant, unless he be a free white man, a citizen eligible (as Inof the United States, of the age of twenty-five years, Warden. and shall have resided within the said city three years previous to his election, and be at the time of his election a resident therein, and unless he be seized and possessed, in his own right, of a freehold estate, situate within the said city, of the value of three hundred pounds sterling, clear of debt; and that no person shall in future, be eligible to the office of Warden, unless he be a free white man, a citizen of the United States, of the age of twenty-one years, and shall have resided within the said city three years previous to his election, and be at the time of his election a resident of the Ward for which he shall be elected; and unless he be seized and possessed, in his own right, of a freehold estate, situate within the Now elected on the first Monday in September in every year, by the following act, passed in December, 1809. Intendant. said city, of the value of one hundred and fifty pounds sterling, clear of debt. Powers of the 6. Be it enacted, That the Intendant of the city shall, in addition to the powers heretofore given by law, be authorized to exercise, within the said city, all the powers which now are or may be incident to the office of Justice of the Quorum; and that he may by compulsory process, enforce the attendance of witnesses who may be required to give testimony before Council on any subject matter within the jurisdiction of the Corporation of Charleston. Passed, 1809. elected in the Wards. Whereas, the present system of electing the Wardens for the City of Charleston, is in its opperation oppressive, in as much as relates to the unequal division of the Wards, without regard to population or taxation, and whereby the citizens are unequally represented: For remedy thereof, 1. Be it enacted, That on or before the first day of Wardens to be August next ensuing, it shall be the duty of the Inrespective tendant and Wardens of the city of Charleston, to divide or cause to be divided, (without regard to the former Wards) the whole of the city of Charleston into four divisions or Wards, the inhabitants of each of which divisions or Wards, shall elect such number of Wardens as such division or Ward shall be entitled to, on equal principles of population and the city taxation of the present year: Provided always, the whole number of Wardens for the aforesaid city, shall not exceed twelve, whose qualifications shall be the same as directed in an act passed on the seventeenth day of December, in the year of our Lord one thousand eight hundred and eight. When the election for 2. That it shall be the duty of the Intendant and Wardens of the aforesaid city, every seven years thereafter, to apportion the Ward representation precisely on the principles above directed. 3. That an election for Wardens shall be held on the first Monday of September next, and every year Warden shall thereafter, at such places and hours as the Intendant and Wardens for the time being, may direct, within the limits of each division or Ward. be holden. 1. Be it enacted, That from and immediately after Passed, Dec. the passing of this act, all free white inhabitants of 18th, 1817. the City of Charleston, who are constitutionally quali fied to vote for members to represent this state in who may vote either branch of the legislature, shall and may be at elections. entitled to vote for Intendant and Wardens of the said City of Charleston. ters to be in 2. That three months preceding such election, a Names of vo book shall be opened by the City Treasurer, of (which scribed in a he shall give due notice) in which the names of all book, persons who have not paid a tax to the city for the preceding year, shall be inscribed at least one month before such election; which book shall be placed by the City Treasurer in the hands of the managers of such election; and no person whose name is not found in the tax books of the city for the preceding year, or on the register or book hereby directed to be opened, shall be permitted by the said managers to vote at such election; and the managers of such election are hereby authorized and empowered to admimister, if they shall see fit, an oath to any person or persons offering to vote, and to make all other necessary enquiries for the purpose of ascertaining whether such person or persons are qualified to vote under this law. ま to be taken 3. That it shall be the duty of the City Treasurer, List of names previous to such election, to cause to be transcribed from the tax from the city tax books, the names of all persons who book. shall have paid a tax to the city for the preceding year, with a list of the names of such persons as have not paid a tax but have enrolled their names as directed by this act, and to transmit the same to the managers of said election, previous to the day of such. election. 4. That if any person or persons shall be convicted Persons taking of having wilfully taken a false oath before such man- a false onth how punished. agers of such election, he or they shall be liable to a prosecution for perjury, and on conviction, shall be subject to all the pains and penalties which are by law inflicted upon those who are convicted of that offence. 5. That the Wardens of the City of Charleston shall hereafter be elected by a general ticket in the manMm Wardens to be ner following, that is to say: The City Council of elected by ge- Charleston shall appoint such places of election as neral ticket. Intendant to the same time. they may think proper, where all the citizens legally 6. That the election for an Intendant of the City he elected at of Charleston, shall be held on the same day, and at the same places at which the election for Wardens shall be held; and that the Intendant then in office, shall continue to act until his successor shall attend and qualify.. The bounds and limit of the City of Charleston, Passed, March shall be, and they are hereby enlarged, so as to in15th, 1789. olude within the jurisdiction of the City Council, the lands belonging to the City, which are bounded by Bounds of the Hutson-street, Meeting-street, Bond Boundary, and eity enlarged. St. Philip's-streets continued. **The election for Intendant as well as Wardens will take place on the 1st Monday in September in every year. See Act 1809. |