TIT. 12. A. A. 1805. best endeavours to carry into effect the purposes for which I have been elected. So help me God." And the official powers of the intendant and wardens for the time being, shall not cease and determine until the oaths of qualification shall have been taken by a quorum of their successors in office. Vacancy by 12. Be it enacted, That in case of the death of the intendresignation, ant, his resignation, refusal to serve, removal from office, or &c. how to be absence from the state, or, in case of any irregularity in, or filled. failure of the election, the wardens shall thereupon appoint a time for choosing another, and give ten days public notice of the same; and in case of the death, resignation, refusal to serve, removal from office, absence from the state, or irregularity in, or failure of the election of any or all of the wardens, the intendant shall give the like notice of an election, for the purpose of filling such vacancy; and if any person, on being elected intendant, shall refuse to act as such, he shall forfeit and pay to the town council for the use of the said town, the sum of one hundred dollars; if any person, on being elected warden, shall refuse to act as such, he shall pay to the town council, for the use of the town, the sum of seyenty-five dollars. Persons elected and refusing to act, subject to a penalty. Proviso. Intendant and And 13. Provided nevertheless, That no person who has attained the age of sixty years, shall be compelled to serve in either of the said offices, nor shall any other person be obliged to serve more than one year in any term of three years provided, also, That no person shall be re-eligible to either of the said offices oftener than five successive years in any term of seven years. 14. And in case the intendant, or any of the wardens, wardens lia- while in office, shall be guilty of any wilful neglect, mal-pracble to be fined tice or abuse, on information being lodged of the same, in the for neglect or court of general sessions, and on conviction thereof, he shall abuse in office, forfeit and pay a sum not exceeding five hundred dollars for Intendant's place to be supplied in case of his ab. sence. Intendant and wardens to meet and transact busi ness. to have a com. every such wilful neglect, mal-practice or abuse, to be recovered by the attorney-general, for the use of the said town, and his office shall thereupon be vacated. And in case of the sickness, temporary absence, or other occasion of non-attendance of the intendant, the wardens shall be empowered to elect one of their number to act in his room on any such occasion. 15. Be it enacted, That the said intendant shall and may, as often as occasion may require, summon the wardens to meet together, any two of whom, with the intendant shall constitute a quorum to transact business; and they, with the intendant, shall be known by the name of, and are hereby deTown council clared to be the Town Council of Georgetown; and they and their successors, hereafter to be elected, may have a common mon seal, and seal, and may purchase, have, hold, possess, receive, enjoy may hold real and retain to them and their successors, in perpetuity, or for or personal any term of years, any estate or estates, real or personal, of what nature or kind soever, not exceeding the sum of fifty thousand dollars, and may sell, alien, exchange or lease the same, or any part thereof, as they may think proper; and by the same name may sue or be sued, answer or be answered un property. to, implead or be impleaded in any court of law or equity within this state. TIT. 12. 16. Be it enacted, That the said town council shall also A. A. 1805. have full power to make and establish, and when they see fit, Powers of the to alter all such rules, by-laws and ordinances, respecting the town council, harbour, streets, lanes and alleys, public buildings, markets, weights and measures, the assize, prices and inspection of bread, the cording and measuring of firewood, the regulation of docks and lots, the draining and filling up of low lands, the regulation of wharves, wharfage and storage, the landing and weighing of goods, wares and merchandize, public houses, billiard tables, retailers of spirituous liquors, carriages, waggons, carts, drays, pumps, fire engines and buckets, the regulation of seamen, boatmen, and disorderly people, slaves, free people of colour, and in general every other by-law and regulation, that shall appear to them requisite and necessary for the health, security, welfare, good government and convenience of the said town. 17. Provided nevertheless, That nothing herein contained shall authorize the said town council to make any by-laws inconsistent with or repugnant to the laws of the land: And provided also, That all the by-laws and ordinances they may make, shall at all times be subject to the revisal or repeal of the legislature. 18. And be it also enacted, That the town council shall have power and authority to regulate the rates of wharfage, and the storage, landing and weighing of any goods, wares and merchandize, which shall or may be stored, landed or weighed on the peninsula opposite to Georgetown, to license and regulate the retailing of spirituous liquors thereon, to remove therefrom all nuisances, and to guard against and provide for the extinguishment of fire thereon. 19. And be it enacted, That the said town council of The said town Georgetown may impose fines for offences against their by- council may laws, not exceeding one hundred dollars for any one offence; fine and imwhich fines, when they exceed the sum of twelve dollars, may prison; be recovered in the district court, and when they are of the amount of twelve dollars, or under, before the said intendant and any two or more wardens; which fines, when recovered, shall be applied to the use of the said town; and the town council shall have power and authority, from time to time to commit to close prison after conviction, in the gaol of Georgetown; and the sheriff of Georgetown district is hereby rerequired to receive and keep till discharged by due course of law, all persons who shall incur any penalties, where the same does not exceed their jurisdiction, intended to be inflicted by any of the by-laws of the said corporation, made in conformity with the powers vested in them by this act; subject nevertheless to all the benefits of the acts passed for the relief of insolvent debtors. 20. Be it enacted, That the intendant and each of the war- And shall be dens for the time being, shall be vested with all the powers the powers of vested with and authority with which, by the laws of the state, justices of the powers of justices of the peace are invested in criminal cases; and shall exercise peace. TIT. 12. A. A. 1805. the same in every part of the said town, so far as the same shall be necessary for the preservation of the peace and good order thereof. The said town 21. And be it further enacted, That the said town council council emshall have full power and authority, annually to assess and powered to assess and le. levy a tax upon all the real property within the same; Provided the said tax shall not exceed one per centum upon the value thereof; to be assessed annually by three freeholders of the said town, who shall be appointed by the town council aforesaid. vy a tax on property, and on the tants of the town; 22. And be it also enacted, That the said town council shall male inhabi- have full power, annually to lay and collect a tax not exceeding two dollars on each free male inhabitant of said town, of the age of twenty-one years or upwards, who shall not be a freeholder within the same; Provided he shall have resided within the said town for the three months next preceding the period at which the said tax shall be laid. and may ap surer, &c. 23. And be it further enacted, That the said town council point a trea- shall or may appoint, under such regulations as they deem proper, a treasurer, clerk, clerk of the market, harbour-master, fire-masters, town constables, and all such other officers as shall appear to them requisite and necessary for carrying into effectual execution all the by-laws, rules and ordinances they may make for the good government of, and the preservation of good order in the said town, and shall affix the salaries and fees of such officers respectively. How to pro eeed in case of tumult. 24. Be it enacted, That in case of tumult or riot, or appearance or probability of tumult or riot in the said town, the intendant shall immediately summon together the town council, and order the constables, and other town officers to attend the town council, and such measures shall thereupon be taken as shall appear most adviseable for preventing or suppressing such riot or tumult; and if any town officer shall neglect or refuse to obey the order for attendance from the intendant, he shall forfeit a sum not exceeding fifty dollars for every such offence; and any other inhabitant refusing to obey the orders of the intendant, for the purpose of suppressing any riot or tumult, shall forfeit a sum not exceeding thirty dollars for every such refusal, to be recovered as aforesaid. 25. And whereas, by an act of the legislature, passed on the twenty-seventh day of March, in the year of cur Lord one thousand seven hundred and eighty-seven, the powers and authority given to the trustees named in the grant of Georgetown by John Cleland and others, were vested in the commissioners of the streets of said town, whose powers by this act have become extinct :* The powers of 26. Be it enacted, That all and singular the said powers the commis- and authorities, are hereby divested out of the said commissioners of the sioners, and the same shall hereafter be vested in the said town council, in as full and ample a manner as they before streets vested in the town council. *No such act is to be found in the collection of judge Grimké. See A. A. Feb. 1791. 1 Faust 87. TIT. 12. were vested in the said commissioners; and the said town council shall also be vested with all the powers and authorities which by law are vested in the commissioners of the A. A. 1805. streets and markets, and which have not been herein before particularly specified, and also all the powers and authorities heretofore vested in the commissioners of the pilotage, and shall take such effectual measures for carrying into execution all laws now in force respecting the said town, harbour and pilotage, as to them shall appear expedient and necessary. 27. And whereas, the powers and authorities heretofore Preamble. vested in the commissioners of the streets of Geo. town, relative to quarantine, have been found insufficient to compel masters of vessels to perform the same: Be it therefore enacted, That all the powers and authorities Powers of the vested in the governor, for the purpose of enforcing obedience town council to the laws of this state requiring the performance of quaran- quarantine. respecting tine, shall be, and the same are hereby vested in the town council of Georgetown, so far as the same may be found necessary for the preservation of the health of the inhabitants of port and harbour of Georgetown. 28. Provided nevertheless, That these powers and authorities shall not be exercised by the said town council, except in case of the absence of the governor therefrom, or in case of such an emergency as may render it impossible for him to act. to appoint 29. Be it also enacted, That it shall and may be lawful for The said the said town council, and they are hereby required to ap- town council point one or more public packers or inspectors of rice, pitch, packers or intar, rosin, turpentine, beef and pork, in the said town of spectors of Georgetown; which said public packers or inspectors shall rice and other have all the powers, discharge all the duties, and be subject articles. to and observe all the regulations which are prescribed for such packers in and by an act of the legislature, entitled, "An act to prevent fraud and deceit in selling rice, pitch, tar, rosin, turpentine, beef, pork, shingles, staves and fire wood, and to regulate the weighing of the several commodities and merchandize in this province," passed the seventeenth day of June, one thousand seven hundred and fortysix; and the said town council shall also have power and authority, and they are hereby required to sell and dispose of all rice, tar, turpentine, pitch and rosin, which shall be declared to be deceitfully and fraudently packed, agreeably to the directions of the said act, and shall apply the proceeds thereof in the same manner and to the same uses and purposes as in and by the said act are directed. 30. And be it further enacted, That no produce which shall Produce landor may be landed in the town of Georgetown shall be liable ed in Georgeto the inspection of the officer or officers of said incorporation, unless the same be sold therein, or shipped to a foreign market. town, to be inspected. 31. And whereas, the fees heretofore allowed to the said Preamble. packers or inspectors, have been found insufficient to secure the services of persons properly qualified for carrying the provisions of the said act into effect; TIT. 12. A. A. 1805. inspectors. Be it therefore enacted, That the said packers or inspečtors, to be appointed for the town of Georgetown, shall be entitled to receive from the seller or owner of any tar or Compensation pitch, the sum of four cents for each barrel, for packing and to packers or marking the same with a hot iron; and for every barrel of turpentine or rosin which he or they shall mark or brand, four cents; and for every barrel of beef or pork, which he or they shall pack as aforesaid, the sum of twenty-five cents; and in case the packer or packers shall be called upon to determine any dispute between the buyer and seller of any staves or shingles, agreeably to the directions of the last mentioned act, he shall receive from the party against whom he shall decide, the sum of one dollar for each thousand staves, and fifty cents for each thousand shingles which he shall so inspect: Provided, That he shall not be called upon to inspect a less or greater quantity than one thousand of either article aforesaid. Town council vested with the powers heretofore vested in cer sioners. 32. And be it also enacted, That all the powers and authorities vested in certain commissioners, by an act of the legislature, passed on the thirteenth day of March, in the year of our Lord, one thousand seven hundred and eighty-nine, entitain commis- tled, "An act for regulating the inspection and exportation of tobacco, and for other purposes therein mentioned," be, and the same are hereby vested in the said town council of Georgetown, in as full and ample a manner as they were before vested in the said commissioners; and in addition to the fees allowed by the aforesaid act, the town council are hereby Rates of sto- authorized to receive the sum of twenty-five cents for the first rage of tobac- four months, for the storage of each and every hogshead of tobacco that shall be stored, and also the sum of twelve and an half cents for every month each and every hogshead of tobacco that shall be stored longer than the time aforesaid. co. Measurers of lumber to be appointed. Their compensation. Town council vested with power to appoint an inspector of flour and bread. The powers of former 33. Be it also enacted, That the said town council shall have power and authority to appoint one or more measurers of boards and plank, scantling or other timber, which may be sold in the said town of Georgetown; and that the said measurer or measurers shall be entitled to receive from the seller thereof, the sum of twenty-five cents for every thousand feet of boards or plank, and for every thousand feet of scantling or other timber which he or they may from time to time inspect. 34. Be it further enacted, That the powers and authorities vested in certain commissioners, of appointing an inspector of flour and bread at the town of Georgetown, in and by an act of the legislature, passed the nineteenth day of December, one thousand seven hundred and ninety-six, be, and the same are hereby vested in the said town council of Georgetown. 35. And be it also enacted, That from and after the first day of March next, the commissioners of the streets and marcommission- kets, the commissioners of pilotage, the commissioners of the ers vested in flour and tobacco inspection of Georgetown, and all other officers whose powers are by this act transferred to and vested in the town council aforesaid, shall cease to exercise the pow the town council. |