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Council to or

riff &c. to remove nui

sances.

Fine for mo

Officers.

and for the City Council, to order the City Sheriff der City She- and City Marshal, to remove and cause to be removed, from any lot or place within the city, all damaged grain, and all putrid substances, by which the air shall or may be impregnated with foul and noxious effluvia. And every white person, molesting, abuslesting City-ing, interruping or repelling any of the City Officers, or others by them employed, in removing such damaged grain or other putrid substances, shall forfeit and pay the sum of one hundred dollars for each and every such offence; and every negro or person of offending to be colour, committing any such offence, shall be confined in the Work-House, for one month, and receive three corrections at the public market in Queen or Meeting-streets, each correction to be adjudged by a Warden of the city, and none to exceed twenty Regulations lashes.

Negroes, &c.

whipped.

for sinking wells and placing pumps.

22. That all public wells, which shall hereafter be sunk, and all public pumps, shall be placed upon the edge of the foot pavement; and where no foot pavement is laid, at such distance from the side of the street, lane, alley, or public way, as to leave sufficient room for a foot pavement; that the spout and handle of every such pump shall be so fixed, as not to project on any existing or intended pavement; and that the bason and grate to every such pump shall likewise be placed along the edge of every such pavement; for which purpose, a joint committee of the Fire Masters and of the Commissioners of Streets and Lamps, consisting of three members of each board, shall be authorized to give such directions, as to them may seem proper, in regard to the posi tion of any public well and pump. And if any perPenalty for in-son or persons shall wilfully break, injure or destroy c. if a white any of the public wells or pumps, sunk or placed, or to be sunk or placed, in any part of the city; or shall injure, remove, or destroy any pump handle, pump box, or other geer, belonging to any or either of the public pumps or wells; or shall throw stones, filth, or other rubbish into either of them; every such per son, if a white, shall for each and every such offence, forfeit and pay a sum of not less than twenty-five nor more than fifty dollars; and if a negro or person

juring pumps,

of colour, shall be confined in the Work-House for two Negroes, &c. weeks, and during such time receive two corrections to be whipped at the public market, in Queen or Market-streets, each correction not to be less than twelve, nor more than twenty lashes, and to be adjudged by any Warden of the city. And it shall not be lawful to and for any Penalty for person or persons, to wash any horse or horses, car-washing horse riage or carriages, cloaths or other things, at any public pump in the city, under a penalty of five dollars for every white person so offending, and of bodily correction for every negro or person of colour so offending, to be adjudged by any Warden of the city.

&c. at a pump.

Persons not

Not to fly kite.

23. That no person or persons shall fire any squibs, crackers, or other fire-works, within the city, except permitted to at times of public rejoicing, and at such places, when fire squibs, &c. and where the Intendant, for the time being, may permit by licence under his hand; or shall burn any chips, shavings, or other combustible matter in any Not to burn street, lane, alley or open or enclosed lot within the shavings, &c. city (Coopers excepted, who shall be permitted to make fires below the curtain line, with the consent of the proprietors of the lots, where they carry on their work respectively) or shall fire any gun, pistol Notto fire guns or other fire-arms, within the limits of the city, unless it be on occasion of some military parade, and then by the order of some officer having the command; or shall raise or fly any kite or other like paper in any part of the city; under a penalty of ten dollars for each and every such offence, if committed Penalty. by a white person, or of such corporal punishment, Punishment. if committed by a negro or person of colour, as shall be adjudged by any Warden of the city. And every article, made use of for any of the foregoing unlawful and dangerous purposes, shall moreover belong to Seizure of ar any white person seizing the same; and any white alty for oppoperson, who shall abuse, strike or molest any one sition. seizing any such article, shall for each and every such offence, forfeit and pay the sum of twenty-five dollars; and any negro or person of colour, who shall abuse, resist, or molest, any white person seizing any Punishment. such article, shall at the public market in Queen or Market-streets, receive two corrections, to be adjudged by any Warden of the city, but no such correction shall exceed twenty lashes.

ticles and pen

Persons not

permitted to game in any

street, &c.

24. That no person or persons whosoever, shall, in any street, lane, alley, court, or public way within the city of Charleston, game or play for money or other stake, at any sort of game with cards, dice, or any coin or any thing, of whatever quality or denomination the same may be, on pain of forfeiting all the stakes, and every stake, that may be betted thereon; which stake or stakes, as the case may be, shall belong to any white person or persons seizing the Whites to pay same, and under a penalty of fifty dollars for each a penalty, and and every such offence, if committed by a white person; or if committed by a negro or other person of colour, on pain of receiving any number of lashes not exceeding twenty, to be adjudged by any Warden of the city.

begroes to be

whipped.

How fines are

25. That all fines and forfeitures, imposed in and by this ordinance, shall be payable with costs, and to be recover- shall be sued for, and recovered in the Inferior City ed, and pun- Court; and, except where it is otherwise herein di

ishments in

flicted.

Proviso.

rected, shall go into the City Treasury; but, never-
theless, one half of every fine, when recovered, shall
belong to the person or persons, who shall and may
prosecute the offender or offenders to effect, and prove
the offence or offences respectively, by other testi-
mony than his or their own. But if any offence
against this ordinance, or any part thereof, be com-
mitted by a white person being a minor, the fine at-
tached thereto, shall be paid by the parent or guar-
dian of such minor. And if
And if any offence against this
ordinance, or any part thereof, be committed by a
free negro or free person of colour, he or she shall
be exempted from such corporal punishment, as shall
or may be attached to the respective offence or of-
fences Provided, That such offender shall immedi-
ately pay the fine or fines, attached to any such of-
fence or offences when committed by a white person.
And if any offence against this ordinance, or any part
thereof, be committed by a slave, he or she shall be
exempted from such corporal punishment, as shall
or may be attached to the respective offence or of-
fences, Provided, that the owner of such slave, or
any representative of such owner, shall immediately
pay the fine or fines, attached to any such offence or

offences when committed by a white person; and, Provided also, that every such free negro or free person of colour, and the owner of every such slave, shall and do respectively pay all costs, charges, and other expences, incurred by, or incidental to, the apprehension, confinement, and prosecution of every such offender.

26. That if any tenant or occupant of any house,

building, or fot, within the city, shall pay any sum or Tenant to pay sums of money, due by the proprietor or proprietors fines, and dethereof respectively, by virtue of this ordinance, or of duct from rent any clause or part thereof, such tenant or other occupant shall have a right, to deduct such sum or sums of money, from the rent due, or to become due thereon: Provired however, that it shall not contravene any Proviso. private agreement between the respective parties.

is elected and

27. That every City Scavenger and City Lamplighter shall hereafter be elected by the CommissionBy whom City ers of Streets and Lamps, at least ten days before the Scavengerand last day of December in every year; but nothing Lamp-lighter herein contained shall extend or be construed to ex- when. tend, to effect the late election of City Scavengers and City Lamp-lighters, who shall hold their respective offices until the last day of December, in the year one thousand eight hundred and seven, unless either of them should be previously removed by the said Commissioners, for misconduct or negligence in the performance of his or their duties.

28. That an ordinance, entitled "An Ordinance for appointing Commissioners of the Streets, defining their powers, and for other purposes therein mentioned, ratified in City Council, on the twenty-first day of June, in the year of our Lord one thousand eight hundred and five," and so much of every other ordinance, as may be repugnant to this ordinance, shall be, and the same is hereby repealed; except so far, as shall or may relate to any offence or offences, committed against the same or any part thereof, prior to the passing of the present ordinance, it being hereby expressly declared and ordained, that any such offence or offences shall be liable to prosecution, in the same manner, and subject to the same fines, forfei

Repeal.

Passed, Feb.

City Marshal and Clerk of Commission

ers to have

cellar doors

repaired.

:

tures, and penalties respectively, as if the present ordinance had not been passed and except also as to assessments for pavements, drains or other works done by order of the City Council or of the Commissioners of Streets and Lamps, prior to the passing of this ordinance, which assessments shall be made out and collected in the same manner, as was usual since the passing of the aforesaid ordinance.

1. Be it ordained, That whenever it becomes ne24, 1817. cessary from decay or any other cause, that a cellar, door should be repaired, it shall be the duty of the City Marshal, or the Clerk of the Commissioners of Streets and Lamps, or either of them, to give immediate notice to the owner of the premises or his agent, that unless the same be repaired without delay, that the Marshal or Clerk as aforesaid, will proceed to repair the same at the cost of the owner or owners of said premises, and that the expence of the same shall be collected in like manner as is provided for repairs of pavements. And in addition thereto, that a penalty of five dollars will accrue, to be collected in like manner as aforesaid, for every cellar door thus repaired by the Marshal or Clerk as aforesaid, to their use and benefit: Provided said repairs be made with the consent, and to the satisfaction of any one Commissioner of Streets and Lamps.

Penalty.

Repeel.

2. That all ordinances or parts of ordinances repugnant hereto, be, and the same are hereby repealed so far as they shall operate against the provisions of this ordinance and no further.

Clerk's Salary.

Whereas it is necessary that the compensation of the Clerk of the Commissioners of Streets and Lamps Passed, Nov. should be augmented:

18, 1816.

1. Be it ordained, That from and after the twentieth day of November next, the Clerk of the Commissioners of Streets and Lamps, shall receive for

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