thereof shall not exceed the amount of thirty thousand dollars; and to let, lease, sell, alien or otherwise dispose of the same, TIT. 13. in fee simple or for any term of years, as they may think pro- A. A. 1798. per and that it shall and may be lawful for the said corpo- 2 Faust 218, ration to take, accept and hold for ever, any charitable donations, gifts, devises and bequests of lands or personal property, and to appropriate the same to the purposes of the said school only: And provided, That such charitable donations, gifts, devises and bequests as aforesaid, shall not exceed the sum of thirty thousand dollars. 131. And be it further enacted, That the said corporation shall and may, by its name aforesaid, sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity of this state; and shall and may make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation, may by them be thought necessary or expedient; and in like manner may change, alter, amend or renew their present or any of their future rules, by-laws and regulations. 132. And be it further enacted, That the said corporation shall and may have, hold, take, possess, retain and enjoy, all such estates, real or personal, money, goods, chattels and effects, as they now possess, or are in any wise entitled unto, subject to the limitation aforesaid, of the sum of thirty thousand dollars: and that this act shall be deemed and held a public act, and judicially taken notice of as such, and the same may be given in evidence, without special pleading. 133. And be it further enacted, That this act shall remain To remain in and be in force for five years from the passing of this act, and force for five from thence to the expiration of the next session of the legis- years. lature, and no longer.* of the term, 134. And be it further enacted, That from and after the ex- Officers or piration of the aforesaid term of five years, or any other legal trustees, after repeal or dissolution of this act of incorporation, it shall and the expiration may be lawful for the officers or trustees of the said society, may hold profor the time being, to have, hold, possess and enjoy, all and perty in trust singular the real estates belonging to the said society, in trust for the sociefor the use of the said society, and subject to the rules, regu- ty. lations and by-laws of the said society: and that the said officers or trustees shall have full power and absolute authority to grant, bargain, sell and convey the said real estates, to any person or persons who may purchase the same, any law, usage or custom to the contrary thereof in any wise notwithstanding. Ibid. 135. Whereas the Georgetown Fire Company have, by their petition, prayed to be incorporated, and it appears their views 2 Faust 220. are laudable, and their association is beneficial to the citizens of Georgetown: * By A. A. 1804, [2 Faust 555] the term of incorporation is extended to fourteen years longer; and the powers and capacities of the corporation are enlarged. TIT. 13. A. A. 1798. 2 Faust 221. The George town Fire Company incorporated. Corporate powers and capacities. Be it therefore enacted, That William Heriot, Abraham Cohen, Paul Trapier, and the other members of the said company, shall be, and they are hereby incorporated as a body politic and corporate, and shall be known in deed and in law, by the name of "The Georgetown Fire Company." 136. And be it further enacted, That the said company, by their name aforesaid, shall have perpetual succession of offi cers and members, to be elected in such manner and according to such form as may be prescribed by the rules and regulations now existing or hereafter to be made for the government thereof, and that they shall have a common seal, with power to change, alter or make new the said rules and regulations and common seal, as often as they shall judge expe dient. 137. And be it further enacted, That the said company shall be able and capable in law, to purchase, hold, take, receive, possess, retain and enjoy to itself, in perpetuity or for any term of years, any estate, real or personal: Provided the same shall not produce a clear income exceeding five hundred dollars per annum; and to sell, alien, or otherwise dispose of the same, as they may think proper; and by their said name to sue and be sued, plead and be impleaded, answer and be answered unto, in any court in this state; and to make such rules, regulations and by-laws, (not repugnant to the laws of the land,) as they may judge proper. 138. And be it further enacted, That the said company shall have, hold, possess, retain and enjoy, all such estate, real and personal, money, goods, chattels and effects, as they are now This a public entitled to: And that this act shall be deemed and taken to be a public act, and judicially noticed as such, without special pleading. act. A. A. 1799. 139. Whereas the reverend Abraham Harges, Isaiah Ste2 Faust 277. phens and Joseph Willis, ministers of the Gospel, and William Thruston, Harden Camp, Benjamin Bridges, Thomas Cantrell and John Tubb, officers of the said church, have petitioned the legislature to be incorporated by the name of "The Head of Enoree Baptist Society," for the better regulation of their said church: The Head of 140. Be it therefore enacted, That the reverend Abraham Enoree Bap- Harges, Isaiah Stephens and Joseph Willis, ministers of the tist Society Gospel, and the said William Thruston, Harden Camp, Benincorporated. jamin Bridges, Thomas Cantrell and John Tubb, officers of the said church, and all those persons who now are, or hereafter shall be members and officers of the said Baptist Church, shall be, and they are hereby incorporated as a body politic and corporate, and shall be known in deed and in law, by the name of "The Head of Enoree Baptist Society." Corporate powers and capacities. 141. And be it enacted, That the said corporation, by its name aforesaid, shall have a succession of officers and members, to be appointed or elected in such manner, and according to such form as may be prescribed by the rules and regulations now existing or hereafter to be made, for the regula tion of the said society; and that they shall have a common seal, with power to alter the same, together with the said rules and regulations, in such manner and as often as they shall deem necessary. TIT. 13. 142. And be it enacted, That the said corporation shall be A. A. 1799. capable in law to purchase, have and to hold, any estate, real 2 Faust 278. or personal, in fee or for a term of years: Provided the amount thereof shall not exceed the sum of five thousand dollars, and to lease, alien or otherwise dispose of the same, in fee or for term of years, in any way they may deem proper; and that it shall be lawful for the said corporation to receive and hold for ever, or for term of years, any donations of real or personal property, and to appropriate the same for the use of the said corporation: Provided such donation shall not exceed the aforesaid sum of five thousand dollars. 143. And be it further enacted, That the said corporation may sue and be sued, implead and be impleaded, by their name aforesaid, in any court of justice in this state, and may make such by-laws, not repugnant to the laws of the land, as they shall deem necessary; and that this act shall be deemed a public act, and taken notice of and given in evidence as such without special pleading. 144. Whereas sundry inhabitants of the city of Charleston, Ibid, by their petition to the legislature, have set forth, that mani- 2 Faust 279. fold advantages would result from the introduction of pure, wholesome fresh water into the city, from the adjacent country, and that they and many other of their fellow citizens are willing to engage in a scheme for that purpose, and to advance money for the same, provided they were incorporated by law, and vested with such privileges as would be necessary to secure to them the emoluments which may arise from their undertaking: 145. Be it therefore enacted, That Alexander Barron, Mat- The Charlesthew Irvine, Samuel Wilson, Elisha Poinset, David Ramsay, ton Water Tucker Harris, Thomas H. M'Calla, William Read, Robert Company, in Wilson, Joseph Hall Ramsay, William Smith Stevens, Joseph corporated, Johnson, Isaac Chandler, James Lynah, Alexander Garden, James Moultrie, William Parker, and Philip G. Prioleau, of Charleston, physicians; and Nathaniel Russell, Robert Hazlehurst, Josiah Smith, William Crafts, Adam Gilchrist, Adam Tunno, William Tunno, Thomas Pinckney, Edward Neufville, Isaac Parker, David Alexander, Thomas Simons, James Gairdner, William Muir, Abraham Motte, Abraham Sasportass, Thomas Bee, Brian Cape, Alexander Shirras, William Stevens Smith, Henry Bailey, Charles Graves, G. Aertsen, Edward Broun Nowell, Edward Darrell, William Rutledge, George Reid, James Reid, David Cruger, Simon Magwood, Isaac Neufville, G. M. Bonnetheau, Benjamin Cudworth, Ebenezer Thayer, George Chisholm, Francis Ley, Jacob Ehney, John Parker, Charles Watts, James Blair, John Ker, Samuel House, L. B. Taylor, Thomas Foster, Benjamin Boyd, John Geddes, Andrew Gordon, John Mitchell, and John Neufville, and their successors, shall be, and they are hereby incorporated, and shall be known in deed and in law as a body corporate, by the name of "The Charleston Water Company." TIT. 13. A. A. 1799. Empowered to carry on their works through pub lic and private lands. 146. And be it further enacted, That the said company, or such one third part of their number, or other persons who shall choose to subscribe to said undertaking, as shall, for the first time, assemble at any place in Charleston, after notice thereof shall have been given for six successive days in one or more of the gazettes of that city, or the majority of such one third, shall have power to organize themselves as a company, and to make rules and regulations for their own government, and for the admission of other members, and to exclude from the said company all such other of the persons herein before named, as shall not attend their meetings and associate themselves with them, within three calendar months after their first meeting, according to such rules and regulations as shall have been adopted. 147. And be it further enacted, That the said company shall have a common seal, and shall have power to alter, change and renew the same as often as they may think fit to do so, by any rule or resolution; and that they shall have full power to change, alter or amend their rules or by-laws, and each of them, as often as they may deem expedient; and that the said company, and every member thereof, shall be bound by every such rule and by-law, so long as the same shall remain in any wise in force, according to the constitution and government of the said company: Provided the same be not repugnant to the laws of the land; and that the said company shall have perpetual succession of members and officers, according to such rules and regulations as they may from time to time adopt, for the admission of members and election of officers. 148. And be it further enacted, That the said company shall have power to have, hold and possess a capital to the amount of fifty thousand dollars, and also any real estate, not exceeding the annual value of twenty thousand dollars; and for these purposes to purchase or buy, and to sell, barter or exchange such estate, real or personal, as they may think fit; and to accept, take or receive any gift, grant, legacy or devise, or any loan that may be given, granted, bequeathed, devised or loaned to them; and they may sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this state or elsewhere; and generally, they shall have, hold, use, exercise, practice and enjoy, all the rights, privileges, powers and franchises, incident to corporations. 149. And be it further enacted, That the said company shall have full power to run, erect, and construct their water pipes and other works necessary for conducting and carrying the water to Charleston, from such place, source or spring, or places, sources or springs, as they may fix upon, in such direction or course as they may find most expedient, through, under, across or upon any such public or private lands as they may find it necessary or most adviseable to use for their purposes; and in all cases where the same shall interfere with the high roads, streets, or public property, the said company shall complete their work with all possible expedition, and shall, without loss of time, repair the injury that they may TIT. 13. have done, and remove the obstruction that they may have caused in the same: Provided always, That before any private property shall be used for the purposes aforesaid, the owners A. A. 1799. thereof shall first receive and be paid a just equivalent or 2 Faust 282. compensation. 150. And be it further enacted, That the said company, up- Water to be on completing their said works, shall, at proper places, to be used by the appointed by the city council, have pipes prepared and al- city, for public or private ways ready to be opened in cases of fire in the city, and also benefit. to wash and cleanse the streets thereof, and that upon such occasions they shall be opened free of all expense, either to the public or any citizen or citizens, to save whose property the same may be used. 151. And be it further enacted, That if any person or per- Penalty of sons shall wilfully and knowingly put, throw or cast into any death to poiof the water, which is to be conducted into the city, or into son the water. any pipe or conductor intended to convey the same, any poisonous or other matter, capable of destroying the lives or injuring the health of those who may use or drink the said water, or any part thereof, such person or persons shall suffer death without the benefit of clergy. works. 152. And be it further enacted, That if any person or per- Penalty for sons shall wilfully and maliciously break, destroy, or in any injuring the wise injure or hurt any part of the said works, such person or persons shall forfeit to the company a sum equal to ten times the value of the damage done, to be recovered by bill, plaint or indictment, in any court having sufficient jurisdiction, wherein no imparlance or dilatory plea shall be allowed; and that the offender or offenders shall be committed on conviction thereof, and shall remain in close confinement until the same be paid, and shall also be subject to such other corporal and ignominious punishment as the court may think fit to order. 153. And be it further enacted, That this act shall be deem- This a public ed a public act, and may be given in evidence without special act. pleading. Ibid. 154. Whereas John Delahowe, late of Abbeville county, in the district of Ninety-Six, physician, deceased, in and by his 2 Faust 290. last will and testament, devised and bequeathed all of his estate to the Agricultural Society of South-Carolina, in trust for The Agricul tural Society the purpose of establishing and supporting on his plantation empowered to in the said county, a seminary for the education and support sell the estate of orphans, or the children of poor people; but did not give of John Delathe said society power to sell the same for the said purpose: howe, &c. And whereas, it appears from the best and most unquestionable information, that the benevolent intentions of the testator must be frustrated, unless that society be empowered to sell a part of the same, and vest the proceeds of the sale in such funds as will produce an income sufficient to maintain the institution contemplated by his will; in as much as by far the greater part of his estate consisted of lands in the said county of inferior value and fertility, which cannot be rented out to advantage by any one, but more especially by that society, as it is established in a part of the state very remote from |