1838.

City Ordinance to pre

scribe.

the erection of Wooden Buildings, and to provide greater security from Fires," shall be, and is hereby declared to be, a public and common nuisance, and, as such, shall be abated, by the judgment and process of any court of competent jurisdic tion; and the persons respectively, building, covering, or constructing, or instrumental in building, covering, or constructing, any building, roof, or construction contrary to this Act, or to the provisions prescribed in the said ordinance, shall be subject to the same penalties, in all respects, as are prescribed by the said ordinance; and all additions which shall be made to houses or buildings already erected, and all houses and buildings which shall be erected on old foundations, in part or in whole, shall be deemed and considered within the provisions, restrictions and regulations of the said ordinance, and of this Act; and full power and authority are hereby granted and confirmed to the City Council of Charleston, to determine the materials, thickness and construction of the walls and other parts of the buildings, of different dimensions and character, within the said City, and to make such other provisions by law, as they may deem expedient, to promote the erection of safe and convenient fire-proof buildings, and to provide greater security to the said city from fires. Provided always, that none of the securities against fire, prescribed by this Act, shall be diminished by any action of the City Council. And provided, also, that the marshes flowed by the tide, within the said City, shall be excepted only to such extent as has been excepted by the said City Council.

IX. And whereas, the whole property in which the funds of Wooden buil- the State are authorized by this Act to be invested, may be dings declared also greatly endangered by the wooden buildings and sheds a nuisance. already erected upon the said burnt district since the late fire; Be it enacted, That every wooden building erected upon the said burnt district, be, and the same is hereby declared, a public nuisance, and as such shall be abated as aforesaid. And it shall be the duty of the Mayor and Aldermen of the City of Charleston to cause the same to be abated or removed at any time after the expiration of one year from this date, giving to the persons occupying the same at least three months previous notice of their intention to remove the same. And Damages as- all persons who shall receive damage to their property by reason of such removal, may apply by petition to the Court of Common Pleas, who shall thereupon cause the damage to be assessed by a Jury, in view of the premises, and after having heard the parties or their counsel; and the jury, in assessing the damages, shall take into consideration the advantage which may accrue to the petitioner by surrounding his premises with brick instead of wooden buildings; and the damages so found by the jury shall be paid by the City Corporation to the party entitled; and in case the City Council, before removing the said building, shall prefer to have the damages assessed, it shall be lawful for them to file their petition in the said Court, giving notice to the owner or person in possession, and thereupon the said Court shall cause the damages to be assessed by

sessed.

1838.

a jury as aforesaid; and the finding of the jury shall be conclusive upon all parties. Provided always, that the city shall not be bound to indemnify or pay damages for any building which has been erected or constructed contrary to the provisions of the ordinance herein before mentioned and referred to. X. It shall be the duty of the President and Directors of Bank shall the Bank of the State of South Carolina, to make make proviproper prosion for payvisions for the punctual payment of the interest of such loan. ment of interest as may be effected upon the credit of the State under the pro- and principal visions of this Act; and also for the ultimate payment of the of loan. principal thereof.

XI. It shall be the duty of the President and Directors of Duties of the the Bank of the State of South Carolina, to cause to be opened Bank. in the books of the said Bank, an account, in which they shall debit themseves with the profits arising out of the additional capital, created out of the two millions loan aforesaid, for the year ending on the first day of October, in the year of our Lord, one thousand eight hundred and thirty-nine, and with all the future profits of the said loan, as the same shall hereafter be annually declared; which said fund, with its annual accumulations, shall be considered solemnly pledged and set apart for the payment of the interest on the said loan and the final redemption thereof; and it shall be the duty of the President and Directors of the said Bank, annually, to report to both branches of the Legislature the exact state of that fund.

XII. When the profits of the said Bank of the State of Profits of South Carolina shall have paid the interest of certain stocks, Bank pledged. and redeemed the said stocks, for which they have heretofore been pledged and set apart, the said profits shall also be considered solemnly pledged and set apart for the payment of the interest on the said loan, and the final redemption thereof. XIII. The said President and Directors shall make such additional compensation to the Attorney General' as they may deem sufficient for the additional services required of him by Attorney Genthis Act; and they shall also make provision for paying such eral compenexpenses as may be incurred by the Bank, in carrying this Act into effect.

sated,

AN ACT TO AMEND AN ACT FOR REBUILDING THE CITY OF A. A. 1838,

CHARLESTON.

Be it enacted, By the Senate and House of Representatives, now met and sitting in General Assembly, That the Act of the General Assembly of this State, ratified on the first day of June last, entitled "An Act for rebuilding the City of Charleston," be, and the same is, amended in the following particulars:

p. 40.

S. L. vol. 7, p. 161.

1. The applicant for a loan may execute a single bond, with Bonds, how a penalty sufficient to cover all loans which may be made to taken, framed,

&c.

1838.

Titles.

him in virtue of the said Act, and a single mortgage to secure the said bond; and the said bond and mortgage shall be so framed by the Attorney General, as to embrace all the loans which may be made under the said Act; and the mortgage so executed, shall be deemed and taken as effectual to protect and secure all such loans as are within the amount of the penalty of the bond, in the same manner as though the whole amount which shall be subsequently loaned, had been loaned at the date of the said bond and mortgage.

2. The applicants for the said loan shall be required to furnish the Bank only with an abstract of their title, and with such title deeds as may be in their possession, not recorded. They shall not be required to furnish copies of any evidence or muniment of title, or mense conveyance, which has been recorded in the proper public office.

3. The policy of insurance which shall be required from Policy of in- any applicant for a loan, shall be deemed sufficient, if taken for such amount as it is customary for insurance offices within the State to take upon any single risk.

surance.

Valuation.

Fees for

searches, &c.

No charge by

4. Preliminary applications for the said loan shall be received by the said Bank from any applicant, setting forth the plan and estimated cost of the building proposed to be erected, together with the situation and dimensions of the lot whereon the building is to be placed; and the President and Directors of the Bank, upon receiving such application, shall, even before information as to the condition of the title, direct the lot to be valued by the Commissioners appointed for that purpose; and the said Commissioners shall value the same, and certify their valuation in the manner provided by the Act of which this is an amendment; and the President and Directors of the Bank shall thereupon inform the applicant of the sum to which he will be entitled on complying with the provisions of the law; but no loan shall be actually made until the applicant shall fully have complied with the provisions of the Act above referred to, as amended by this Act.

II. And be it further enacted, That the fees of each public officer, who shall furnish certificates to be used in procuring the said loan, shall be, as is usual, twelve and a half cents for searches through all their books for each name, and sixty-two and a half cents for their certificate; but no public officer shall demand or receive from any applicant for the said loan, more than two dollars for all searches, certificates, and services, which may be made, given or rendered, in his office, for the said applicant, upon any one application for a loan; and every public officer who shall demand or receive more than two dollars for all searches, certificates, and services, inclusive, or who shall refuse to perform the usual duties of his office, at the request of any such applicant, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be subject to fine and imprisonment at the discretion of the court.

III. Be it further enacted, That no charge shall be made Att'y General. against any applicant for a loan, by the Attorney General, for

the bond and mortgage required to be taken by the Bank, nor for any other professional services rendered by him in the arrangements for a loan.

IV. And be it further enacted, That any person owning a lot, upon which a brick or stone building shall have been commenced since the fire of April last, shall be entitled to receive all the instalments of the loan, which he could have claimed under this or the former Act, if he had made application before the commencement of the work; provided he shall substantially comply with all the conditions required of an original applicant who shall have received the same number of instalments, and shall substantially give to the Bank security equal to that which would have been required of such original applicant.

1838.

Loans on past

erections.

FROM AN ACT MAKING APPROPRIATIONS FOR THE YEAR

1838."

A. A. 1838, p. 13.

S. L. vol. 6.

XII. Be it further enacted, That the payment of the sum of p. 612. four thousand one hundred and sixty-three dollars, three cents, To confirm made by the Treasurer of the Upper Division, under the reso-payment by Treas. U. Div. lution of the Legislature, agreed to upon the fifteenth day of December, in the year one thousand eight hundred and thirty- error in acseven, to correct an error in Governor McDuffie's account with count of Gov. McDuffie. the Bank, be, and the same is hereby, confirmed.

to correct an

AN ACT TO AUTHORIZE A SUBSCRIPTION IN BEHALF OF THE A. A. 1838, STATE TO THE SOUTH-WESTERN RAIL ROAD BANK.

p. 44.

S. L. vol. 8.
Confirmation

I. Be it enacted, by the Senate and House of Representa- p. 104. tives, now met and sitting in General Assembly, and by the authority of the same, That the subscription made by his Ex- of subscription by Governer. cellency the Governor, in behalf of the State, for ten thousand shares in the South-Western Rail Road Bank, be, and the same is hereby, authorized and confirmed.

Comptroller to

draw from Bank the

II. The Comptroller General is hereby authorized to draw from the Bank of the State the amount which may be required to pay the instalments due, and to become due, upon the said subscription, and to demand and receive from the proper amount to pay officers of the Rail Road Bank, the usual scrip certificates, instalments. or receipts, and to hold the same for and on account of the State; and the President and Directors of the said Bank of the State shall make such arrangements as they shall deem expedient, for paying the said drafts of the Comptroller General: Provided, in case the President and Directors of the

1838.

If the Bank cannot advance, then

Bank of the State of South Carolina shall be of the opinion that they cannot advance the said funds required by said subscription, without embarrassment to the operations of said Bank, or without violating the faith of the State, pledged in "An Act to provide a Sinking Fund for the redemption of the six per cent. Stock of the State," passed in the year of our Lord one thousand eight hundred and twenty-one, and pledged in subsequent Acts for the redemption of all the Stock subsequently issued, then, and in that case, the The Comp. Comptroller General is required to issue stock therefor, on $200,000 of 5 the part and in behalf of the State, bearing a half yearly per ct. stock, interest, at a rate of five per cent. per annum, and redeemrede. in 20 yrs. able at the end of twenty years.

Dividends,

of.

III. The dividends which shall be declared by the South Western Rail Road Bank, upon that portion of its capital stock how disposed held by the State, shall remain on deposit in said Bank as a fund to meet further instalments upon the said stock, as they may be called in, and shall, for that purpose, be subject, with any interest to accrue thereon, to the draft of the Comptroller General. Provided, such rate of interest shall be allowed on the same as may be agreed upon between the said Bank and the Comptroller General; and provided also, that such dividends, so deposited, shall in no instance draw less than at the rate of three per cent. per annum.

State proxies.

Bonus from
Bank of
Charleston.

IV. At all elections or meetings of the Stockholders of the said Bank, the Commissioners now acting, or hereafter to be appointed, under a joint resolution of the Legislature, as proxies, in the Louisville, Cincinnati and Charleston Rail Road Company, or a majority of such as may be present, shall act as the proxies of the State.

V. The bonus to be paid by the Bank of Charleston, for the increase of its capital stock, shall be paid to the President and Directors of the Bank of the State of South Carolina, and may be by them applied on account of the subscription aforesaid.

A. A. 1839, FROM "AN ACT CONCERNING THE OFFICE, DUTIES AND LIABIL

p. 59.

S. L. vol. 11,

p. 38.

Sheriff's to de

State, or
Branches.

ITIES OF SHERIFF."

LXIV. The Sheriff of Charleston district, and the Sheriffs posit weekly of each district in which a branch of the Bank of the State in Bank of the of South Carolina is, or may be established, shall, weekly, deposit, for safe keeping, in his name as sheriff, distinctly from any deposit made on his own account, all monies in his hands as sheriff; and on failure therein, any such defaulting Sheriff shall, for each offence, forfeit the sum of one thousand dollars, to be recovered as other penalties are directed to be recovered by the Act to establish the Bank of the State of South Carolina.