•\.' TO THE HON THE MAYOR OF SAVANNAH. 32] vT ">- f 5R.0757 d^-77^ MAYOR AND ALDERJIE1V, [agreeably to the act op 1836.] MAIOK. ROBERT Y. IIAYNE. ALDERMCN. Ward No. 1. JOHN S. COGDELL, Dr. THOMAS Y. SIMONS, A. BARBOT. Ward .No. 2. HENRY W. PERONNEAU, M. C. MORDECAI. Ward No. 3. GEORGE HENRY, GEORGE H. INGRAHAM, B J. HOWLAND. Ward No. 4. HENRY W. CONNER, JOHN C. KER, SAMUEL P. RIPLEY, and B. W. SEYMOUR. vJ? »>' * JL f-vtt r** ORDINANCES or THE CITY OF CHAKI.E$TO]\. -e<*==-=>e- No. 1. AN ORDINANCE to amend the Ordinance in relation to Horses running Feb. 1833.' at large in the City. \^*v-%»/ Be it ordained by the Intendant and Wardens Horses not t of Charleston, in City Council assembled, andit ruaaXlai z G ' is hereby ordained by the authority of the same, That from and immediately after the passing of this • Ordinance, no horse or horses, mule or mules, shall be permitted to run at large, or be driven NottobedrIv through the streets of the City, without being pro- en without be perly bridled or haltered, and led by some person [ ) 1 r f dle £ roperly capable of managing them ; and any owner or per- son having the care and management of any horse or horses, mule or mules, offending therein, shall forfeit and pay for every such offence, a sum not Pena]t $5 exceeding five dollars, on the information of any City Marshal, or other person, to be recovered in the City Court ; and the City Viarshal, or any other Marshal to take person, are hereby authorised to take into his orJSv Semt0CU3 ' 2 CITY ORDINANCES. their possession, any horse or horses, mule or mules, so running at large or driven through the To be kept tm City, and the same to keep, until the owner or own- seTare pS? n " ers thereof shall defray the expense of keeping, and shall also pay for every such offence the sum of five dollars, besides the fine herein-before pro- vided. Ratified in City Council, this 5th day of February, in the year of our Lord one thousand eight hundred and thirty-three, and in th» fifty-seventh year of American Independence, H. L. PINCKNEY, Intmdant. No. 2. Ratified 13th, AN ORDINANCE to raise supplies for the City of Charleston, for the March, 1833. year 1833. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, KstSdl^That the following species of property owned and cents on every possessed within the limits of the City of Charles- ton, shall be subject to taxation in the manner, at the rate, and conformably to the provisions herein- after specified, regard being had to the real value of the same, viz : Every house, building, wharf, lot, or other landed estate, including all houses and improvements erected or owned by individuals Value to be as- on ' ots leased from the City, or from any religious sessed by City or charitable institution, shall be, and is hereby made liable to a tax of thirty seven and a half cents, (37 1-2) on every hundred dollars, of the value or estimate thereof, to be assessed by the Gross amount City Inquirer and Assessor. That on the gross ^ sa j eo 1 ^°° t d s s amount sale of all goods, wares and merchandize onevery $100! sold within the limits of the City of Charleston, by any person or persons whomsoever, and whether CITY ORDINANCES. 3 for cash or credit, for or on their own account, or on account of others, between the 1st day of April, 1832, and the 1st day of April next, inclusive, en- suing the date of this Ordinance, there shall be paid by the person so selling, twelve and a half cents, (12 1-2 cents) on every hundred dollars of the amount of such sales respectively : Provided, t Not t0 e * ten ? i j-i in in- i^i 7 to rice and cot- thattlns clause shall not extend to Kice and Lot- ton sold by ftb- ton sold by wholesale by any factor, or to goods, S a t°LSon! wares and merchandize sold at public auction. — That every person selling or disposing of goods, Returns to be wares and merchandize, shall, between the 1st and Apru l and^i! 21st days of April, next, ensuing the date of this Ordinance, deliver a true and just return of the amount of sales made by him, her, or them, within the period aforesaid, to the City Inquirer and As- sessor, at his office, and then and there, shall take the following oath : I, A. B. do solemnly swear, (or affirm, as the case may be,) that the return Form of oath v ...-r •- J . . i, to be made. which 1 now give in, contains a just and true ac- count and correct representation of the gross amount of sales of all aroods, wares and merchan- dize, sold by me, between the first day of April, 1832, and the first day of April, 1JS33, inclusive, subject to taxation by the preceding clause.for or on my own account, or for or on account of any other person or persons whomsoever. So help me God ! 2d. Jlnd be it further ordained, by the author i- Gross amount ty aforesaid, That the gross amount of all sales #;££,££ of goods, wares and merchandize, made by Ven- ter s taxed 12$ due Masters at private sale, whether on their own ^ e /!v.°" l veiy account or on account of others, is hereby declared liable to the aforesaid tax of twelve an d a half cents. ( 12 1-2 cents) on every hundred dollars of the amount of such sales, respectively, as levied by the first clause of this Ordinance, and shall be inclu- ded in the return required to be made as aforesaid to the City Inquirer and Assessor. 3d. And be it further ordained, by the authori- ty aforesaid, That if any person or persons selling or disposing of goods, wares and merchandize, within the City as aforesaid, and who is required 4 CITY ORDINANCES. by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such Persons mak- re tuin, at the time and in the manner herein pre- mg no return ' . r or a false one, scribed ; or, it any person or persons shall, in any evCTy%58 of retLirn t() De maQ, e as aforesaid, omit the amount the value of of any sales made by him or them as aforesaid ; or t^e, 8 ta C beas- sna " ^J a false return prevent a full taxation, to sessed by the which such sale or sales, if duly and fairly returned Assessor. 1 j i i t i 1 1 would have been liable, every such person or per- sons shall be liable to a tax of one hundred cents on every hundred dollars of the value <>f his stock in trade, held or possessed by him, her, or them, between the first day of April, 1832, and the first day of April, 1833, inclusive, to be assessed by the City Inquirer and Assessor. ah income of All profit or income arising from the pursuit of tS^Kt? an .y f acu 't) T , profession, or occupation, trade or em- oneveiyfioo, ployment, (excepting those hereafter excepted,) by the Assessor whe l ^e i" in the profession of the law, the profits to be derived from the cost of suits, counsel fees, or other sources of professional income, and the amount of commissions received by Vendue Mas- ters, or other persons vending goods, wares and merchandize, or real and personal property on commission, shall, be liable to a tax iflf thirty seven and a half cents on every hundred dollars, to be assessed as aforesaid. Every slave, whose owner resides within the city Taxon Slaves , °f Charleston, (except as hereinafter provided) exceptskves shall be subject to a tax of one hundred and fifty belonging to , 1 p i r • j i mechanics and cents ; and lor every slave aforesaid, above ten in employed by number, three dollars; and for every slave above their owners. . , /. • >■ twenty in number, nve dollars, except negroes belonging to any mechanic, who individually pur- sues his trade and employs his negroes in such trade. wbrkmgOTtfin Every slave working out or employed in the Ci- the city. $3. ^y f Charleston, whose owner resides without the Four wheel limits of the said City, shall be subject to a tax of drawn S by two tnree dollars. Every coach, chariot, post chaise, horses, taxed coachee, phaeton, or other carriage, having four wheels and drawn by two horses, or more, except CITY ORDINANCES. 5 as hereinafter provided, shall be liable to a tax of twenty dollars. Each and every four wheel car- riage used for the space of one month at any time ^°°J|L a during the year, by keepers of livery stables, or used for exer- others, for exercising or exhibiting horses, shall Ji , n shorses be liable to a tax of one hundred dollars ; and eve- ry coach or carriage having four wheels, and drawn only by one horse, shall be liable to a tax of ten Four wheel dollars. Every two wheel chaise, chair, sulky, carriages or other carriage, except as hereinafter provided, horle"$io. one shall be liable to a tax of five dollars ; and every two wheel chaise, chair, sulky, or other carriage, used for the space of one month, at any time dur- Two vvheel ing the year, by keepers of livery stables, or others, carriages, $5; for. exercising or exhibiting horses, shall be liable casing horses to a tax of fifty dollars. Provided always, and it for one month, is expressly declared, that the tax hereby imposed on carriages, chairs, forward and pay the same, within ten days there- tL JtajaT 7 "* 8 iii ORL!NAN\;i£: Not to extend after, execution shallbe forthwith issued : Provi- 2ve U Mouri™to make their returns and pay the tax upon sales conformably to the provisions of the 1st clause. Every lot not ? tl1 - And be it further ordained, by the author- having a well jty aforesaid, That every lot, subdivided lot, or or cistern 01 the • " * , .*, • .7 **• 1 1 1 capacity of 300 piece ot ground within the City, enclosed and oc- gaiions, with a eutiied, and which has not a good and sufficient pump, to be n • , , w? /••"•' 1 taxed $40, and well, or cistern, capable 01 containing at least theiolt'btnabie tnree hundred gallons of water, and built of brick to assessment or stone, with a pump to the same, fit for use, shall be liable to a tax of forty dollars for every such lot, subdivided lot, or piece of ground; which tax of forty dollars shall be paid to the City Treasurer for the use of the City, by the owner or owners of every such lot, subdivided lot or piece of ground, whether the same be subject to assessment or not. Property 8th. And be it further ordained, by the authori- owned in the ty aforesaid, That all such taxable property with- deSs onTof in the City as may belong to any person residing the u. s liable w j t out lne United States, shall be liable to a dou- to a treble tax. , ., , . , 1 n 1 • ■ ble tax ; but this clause shall not be construed to extend to the property of any person or persons sent or gone abroad in the employment of this State, or of the United States, until one year after the expiration of his or their mission. 9th. And be it further ordained, by the authori- insurance fr. aforesaid, That every person who shall here- Brents to nictKG *s •/ 1 v 1 return on oath after act as agent for any individual, or associa- recelvedTyor t '° 11 °^ individuals, not incorporated by the laws for him. of this State, (although the same may be incorpo- rated by the laws of any other State,) for the pur- pose of effecting insurances or contracts of insu- rance within this City, against loss of any kind, shall, on the 30th day of June next, and on the 31st day of December next, render to the City Treasurer under oath, a just and true account of all premiums received by him, or any other person for him, or agreed to be paid for any such insu- rances effected by him during the present year, «* •CITY ORDINANCES. 9 and shall pa}' to the City Treasurer six per cent. To pay a tax on the amount of all such premiums ; and evetf ^SUlSi such agent who shall neglect to make such re- of such turn, and pay as above required such pep cent up-u^ U penaity on the premiunis paid or agreed to he paid, on the of $ 500 - day aforesaid, shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered in any court having cognisance thereof. 10th. And he it further ordained, by the dtk- m. returns to- thority aforesaid, That any person owning or pos-ke™ a l deb f fore . ? J ' .« ,.-i ' , B * /. 20th April, un» sessmg any property Jiaoie to the payment or aderoath, city tax, as aforesaid, as well on his account or as executor, administrator, guardian, trustee, at- torney, agent or otherwise, having the charge or management of airy taxable property within the City, or of any person deceased, absent, or under age, or otherwise, shall, on or before the 20th day of April in the present year, deliver a true and just return of ali such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the Citv In- quirer and Assessor, at his office, and then and there take the following oath : "I, A. B. do so- lemnly swear, (or affirm as the case may be,) that Form of oath - the return which I now give in, contains a just and true account and correct representation of all the real and personal estate subject to taxation, which on the first day of January, in the present year, was or were in my possession, for or on my account, or on account of any person or persons, whomso- ever, either as executor, administrator, guardian, trustee, attorney, agent or otherwise ; and that no more of the said property than is represented, is in any wise belonging to any person or persons resident in a foreign country ; and I do also swear that the return I make of the dog or dogs in my possession, or owned by any person or persons un- der my control, is a just ami true return thereof. So help me God." And every pei>on taking such oath, shall subscribe the same on each return by him or her delivered to the City Inquirer and As- sessor. And no return shall be received from any 2 10 CITY ORDINANCES. No return to one, of the property of another person, except as J 1 " 1 a f d t h e b p ro .afore3aid, in the character of executor, admi:»istra- perty of ano- tor, guardian, trustee, attorney, or agent, unless ther unless as ^ i . \ , ° , - .1 legal agent, the same be sworn to by such person before the City Assessor and Inquirer, or a Magistrate duly qualified to administer such oath. 11th. And be it further ordained, by the au- Additionai thority aforesaid, '\ hat each and every Vendue Oiith 01 V611G11G . master. Master, shall, in addition to the oath prescribed, by the preceding section, take the following oath; I, A. B. do solemnly swear (or affirm, as the case may be,) that the return which I now give in, con- tains a just and true account of all commissions received by me, (or the concern of which I am a co-partner,) on goods, wares and merchandize, sold by me (or my house,) at private sale. So help me God." 12th. And be it further ordained, by the autho- ^l°so\d h ?ro- r *ty aforesaid, That it shall be the duty of every j ty since ist taxable inhabitant of this city, who shall, since "e^infbrma -^ ne ^ rst day of January in the past year, have sold i;on thereof in any lands or negroes liable to the city tax, to give information at the time of making his next return of such sale, and the time thereof, and the name of the person to whom sold, to the City As- sessor. _ „ 13th. And be it further ordained, by the au- Double tax on . f ., n • » nni 1 • ^1 all who make thority aforesaid, J hat any person being the own- no return, or a er or j iav j nj r the charge of anv taxable property false one. .... » • .. fc . t "* . • • j within the city, as aforesaid, and who is required by this Ordinance to make a return thereof, on failure or neglect to make such return at the time, and in the manner herein prescribed, or if any person shall, in any return to be made, as afore- said, omit any house, building, lot or wharf, land- ed estate, slave or slaves, coach, coachee or other carriage, horse or horses, dog, or other property liable to a tax as aforesaid, or shall, by a false re- turn, prevent a full assessment, to which such pro- perty, if duly and fairly returned, would have been liable, every such person shall, in every such case, be doubly taxed. CITY ORDINANCES. 11 14th. And be it further ordained, by the autho- Taxes to be ritu aforesaid, That all assessments made on r <.al 1 ; aidby . lst J of • 7 . ,' 1 r 1 June; in de- and personal property, sales oi goods, wares and fault of which merchandize, slock in trade, income and other fj^L utwa f* . »-. issue. property, rendered taxable under this Ordinance, or any part thereof, shall be paid to the City Treasurer, at his office, on or before the first day of June in the present year ; and if any person shall fail or neglect to pay his or her assessment, when due as aforesaid, an execution shall forth- with be issued against any goods or chattels to such person belonging, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges, and the overplus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other person as may have a lawful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found, be insufficient to defray the whole amount of the assessment and charges, the Sheriff shall levy upon and sell at public auction, any of the landed property of such person within the limits of the city, on a lease not exceeding five years, for the purpose of discharging what maybe due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above direct- ed. And if any person failing or neglecting to pay Ca Sa to issae his or her assessment, should have neither landed where the par- property, nor goods and chattels within the city, 1 f e riy!or°the " or if the proceeds of the sales of such as may be- same inade- long to him or her, should not be adequate to the qua full payment of what is due by him or her as afore- said, then the City Sheriff shall take out an exe- cution against the body of such person, and com- mit the same to the gaol of Charleston district, there to be detained until full payment be made, or until discharged according to law. 15th. And be it further ordained, by the autho- rity aforesaid. That every inhabitant of this State, 12 CITY ORDINANCES. Country resi- owning or possessing any taxable property within ftmh B ftimet tlie cit #> but ^siding therem at no other time than make return between the months' of June and November, or re- uxes 3 . ayt ea siding altogether in the country, shall be at liber- ty to make his or her return on or before the 20th day of June in the present year, and to pay his or her assessment on or before the 2iHh day of July next ensuing, subject, however, to the regulations and penalties herein before prescribed and im- posed in every other respect, except as to the time of making returns and paying such assessment, and with the foregoing exceptions in point of time, the Cifv Inquirer and Assessor, the City Treasu- rer and City Sheriff, shall be bound to observe in regard to every such person, the. same rules and proceedings, respectively, as above prescribed in other cases. A person resi- 10th. Jlnd be it further ordained, by the autho- ding 3 months r {* ( . aforesaid, That every inhabitant of this State, in the city •'. ./ . ' , ~. •> r , , . ' deemed an in- residing within tiie City for three months in the habitant there- y ear? shall be considered and deemed an inhabi- tant thereof, and all such of his or her personal property held, possessed, used, or enjoyed in the City, as may come under the description of taxa- ble propert}' specified, in this Ordinance, shall be liable to assessment, and be proceeded with agree- . ably to the foregoing provisions of said Ordinance, if brought into and used within the City during said residence, although not within the City on the first day of January preceding. Goods sold af- l^th. And be it fin /her ordained, by the ani/w- ter 1st April rity afore acid, That nil goods, wares and merchmi- tSi^/cts. dize, sold within the limits of the City of Cha— No. 7. Ratified 4th, AN ORDINANCE to raise supplies for the City of Charleston, for the M 3l^2 4 ' year 1834. • - * Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it Real Estate—* 8 hereby ordained by the authority of the same, lauds taxed 37^ That the following species of property owned and JToo.° nevery P ossessed vvilhin the limits of the City of Charles- ton, shall be subject to taxation in the manner, at the rate, and conformably to the provisions herein- after specified, regard being had to the real value of the same, viz : Every house, building, wharf, lot, or other landed estate, including all houses and improvements erected or owned by individuals Value to be as- on lots leased from the City, or from any religious A™ 6 /. City or charitable institution, shall be, and is hereby made liable to a tax of thirty seven and a half cents, (37 1-2) on every hundred dollars, of the value or estimate thereof, to be assessed by the City Inquirer and Assessor. That on the gross ofTaTe o^oodl amount sale of all goods, wares and merchandize to pay 1^ cts. gQid w ithin the limits of the City of Charleston bv on every $100. , • ■' -, . \ J any person or persons whomsoever, and whether CITY ORDINANCES. 19 for cash or credit, for or on their own account, or on account of others, between the 1st day of April, 1832, and the 1st day of April next, inclusive, en- suing the date of this Ordinance, there shall be paid by the person so selling, twelve and a half cents, (12 1-2 cents) on every hundred dollars of the amount of such sales respectively '.Provided. ™ ot . t0 ex , tend i j ^ to riC6 unci cot- that this clause shall not extend to rice and cot- ton sold by f ac - ton sold by wholesale by any factor, or to goods, 2at°auftion 8 wares and merchandize sold at public auction. — That every person selling or disposing of goods, Returns to be wares and merchandize, shall, between the 1st and ApS i^Si! 21st days of April, next, ensuing the date of this Ordinance, deliver a true and just return of the amount of sales made by him, her, or them, within the period aforesaid, to the City Inquirer and As- sessor, at his office, and then and there, shall take the following oath : I, A. B. do solemnly swear, (or affirm, as the case may be,) that the return Form of oath v , . ■ T • • j . to be made. which 1 now give in, contains a just and true ac- count and correct representation of the gross amount of sales of. all goods, wares and merchan- dize, sold by me; between the first day of April, 1833, and the first day of April, 1834, inclusive, subject to taxation by the preceding clause,for or on my own account, or for or on account of any other person or persons whomsoever. So help me God ! 2d. Jlndbe it further ordained, by the author i- Gross amount ty aforesaid, That the gross amount of all sales byvend'iieXal 9 . of goods, wares and merchandize, made by Ven- ters > taxed l5j £ due Masters at private sale, whether on their own iSSo. " every account or on account of others, is hereby declared liable to the aforesaid tax of twelve and a half cents, (12 1-2 cents) on every hundred dollars of the amount of such sales, respectively, as levied by the first clause of this Ordinance, and shall be inclu- ded in the return required to.be made as aforesaid to the City Inquirer and Assessor. 3d. And be it further ordained, by the authori- ty aforesaid, That if any person or persons selling or disposing of goods, wares and merchandize, within the City as aforesaid, and who is required 20 CITY ORDINANCES. by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such Persons mak- r eturn, at the time and in the manner herein pre- ing no return ' in- 1 or a false one, scribed ; or, it any person or persons shall, in any erory^ioo f return to De ma dc as aforesaid, omit the amount the value of of any sales made by him or them as aforesaid ; or fee, frTbeu- shall by a false return prevent a full taxation, to sessed by the vvhieh such sale or sales, if duly and fairly returned Assessor. ,,..", , >• ,. J , J would have been liable, every such person or per- sons shall be liable to a tax of one hundred cents on every hundred dollars of the value <>f his stock in trade, held or possessed by him, her, or them, between the first day of April, 1833, and the first day of April, 1834, inclusive, to be assessed by the City Inquirer and Assessor. income from All profit or income arising from the pursuit of taxed 5 37A at cte! anv faculty, profession, or occupation, trade or em- onevery$ioo,ployment, (excepting those hereafter excepted,) by the Assessor wnetner m tne profession of the law, the profits to be derived from cost of suits, counsel fees, or Exceptions. .1 r 1- • \ ■ 1^1 r other sources of professional income, and on the amount of commissions received hy vendue mas- ters, or other persons vending goods, wares and merchandize, or real and personal property on commission, shall be liable to a tax of thirty seven and a half cents on every hundred dollars, to be assessed as aforesaid. Every slave, whoseowner resides within the city of Charleston, (except as hereinafter provided) _ bl shall be subject to a tax of one hundred and fifty Taxon Slaves, J . . , . . J except slaves cents ; and for every slave aforesaid, -above ten in mecSifs^nd numDe r> three dollars ; and for every slave above employed by twenty in number, five dollars, except negroes their owners. k e j ori gj n or to any mechanic, who individually pur- sues his trade and employs his negroes in such trade. _ , , Every slave working out or employed in the Ci- working outin ty of Charleston, whose owner resides without the downed" 1 limits .of the said City, shall be subject to a tax of therein, pi thi ee dollars. Every coach, or other carriage hav- 4whee I£ ar i n g f our wheels shall be liable to a tax of twenty ridges ~ . dojiarg Every two wheel chaise, chair, sulky, CITY ORDINANCES. 21 or other carriage, except as hereinafter provided, Two wheel shall be liable to a tax of five dollars. Each and calnages ' * 5; every four wheel carriage used for the space of Four wheel ' , , - l • ..l II carriages used one month at anytime during the year, by keep- for breaking ers of livery stables, or others, for exercising or horses ' $ 100 - exhibiting horses, shall be liable to a tax of one Two wheel hundred dollars; and every two wlreel chaise, f a ™ 1 age ^ 1 l ne ed chair, sulky, or other carriage, used for the same purpose $56. time and purpose, a tax of fifty dollars. Provided always, and it is expressly declared, that the tax s $£l t l c ^\ hereby imposed on carriages, chairs, &c. used by mit breaking keepers of livery stables or others, for exhibiting c ity. e& or exercising horses, shall not be construed in any manner or way whatever, to permit the breaking of horses within the limits of the City, contrary to the Ordinances of the City. Every horse not used for military purposes by the Horses not nsGQ for niilitci™ owner. and every mule shall be liable to a tax of five ry purposes, dollars,except such as are used in licensed carts and exee pt B ™ h as , . • . 1 /• ii- 1 are used in u_ drays, 1. e. two horses or mules lor each licensed censed carts double cart, and one horse or mule for every other anddiays ' ^ 5 " licensed cart or dray. Provided, however, That nothing herein con- tained shall be so construed as to subject to taxa- tion the profit or income of any mechanic arising from the particular trade he pursues ; nor the sala- ries of the Judges and other public officers, ex- Salaries and empted from taxation or not taxed by the Le%is- em^Smtex- lature of the State, nor salaries of the Clergy, oration, other teachers of religion ; or the profit or income of Schoolmasters, or other Teachers employed in the education of youth, arising from such employ- ment ; nor the salary of any minor ; nor that of any other person or persons whose salary is less than eight hundred dollars ; neither shall the tax hereby imposed upon carriages, apply to such carts, drays*, or hackney carriages, as ply, or are employed for hire, by virtue of license obtained from the City Treasurer. And, provided, also, That no tax shall be imposed, on any land, buildings, or funds be- longing to religious, charitable, or literary socie- ties : Provided, however, nevertheless, That no ex- 22 CITY ORDINANCES. Taxes on pro- ception herein contained, shall be construed to ex- tend to the buildings owned or erected by private individuals on lands leased of the aforesaid reli- gious, charitable, or literary societies. 4th. And be it further ordained, by the authori- peTty 3 to"refer ty aforesaid, That the taxes on landed or personal to that owned es ^ ate h ere i n before particularly described, shall on the 1st Jan- ,111 ' 1 J 1 » At uary, and nor- be payable by the persons who, on the 1st ot Jan- nmeXrfnAhe Uar y ' m tne P r 6Sent year, Were the respective OWn- present year, ers or representatives thereof; but that every horse shall be liable to the tax herein before expressed, that shall be owned or kept in the City at any time during the present year, after the pass- ^c^SiS ing of this Ordinance ; and that every coach/or Cit £ fo f? ""* s - other carriage used in the city for three months, to be liable to • • r 1 • 1 "/» ■ i 1 1 11 the tax; if not except in the cases herein before provided, shall to^ttebietai 6 ^ e naD ' e to the tax imposed upon such objects in the first clause ; and if not returned by the owner, or any person using the same, shall be liable to a treble tax, one-half of the extra tax to go to the informer. 5th. And be it further ordained, by the author- ity aforesaid, That it shall not be lawful for any transient person, master, or other person, attached to any vessel not belonging to the port of CharJes- sons^atteEt 011 ? to vend on board any vessel, or on the wharves to vessels not any goods, wares, or merchandize, (excepting all leston, ™ot a!" produce of this State, and provisions, fruit, fish, lowed to sell on an (j articles for public market,) either on their board, any r i ... goods, except-own account, or as agent or consignee, until he or d" g ce th of P this tne y snau " have obtained from the City Treasurer State, and pro- a license to sell such goods, wares and merchan- Uc l markef nb " a 'i ze > as aforesaid, for which license they shall res- withont license pectively pay to the City Treasurer the sum of one ty U of $ a ioo" a hundred dollars,the said license to continue in force tor one year ; and if any transient person, master, or any other person, attached to any vessel not be- longing to the port of Charleston, shall sell on board any vessel, or on any of the wharves, any goods, wares, or merchandize, not excepted as a- foresaid, without a license, contrary to this Ordi- nance, he or they shall forfeit and pay, for each CITY ORDINANCES, 23 and every such offence, the sum of two hundred dollars, to be recovered by suit in the City Court, in the name of the City Council of Charleston, one half thereof for the use of the person who shall prosecute the offender to conviction, and the re- mainder for the use of the City. And be it further ordained, by the authority, aforesaid, That it shall be the duty of the City Ci 7 Ass f sor r t • • 11 /• i i l • l t0 form a list of Inquirer and Assessor, to form an alphabetical temporary res- list of all temporary residents in the City, viz : of ldentsc f lr J mg ■ I . J J ' . on any trade or all persons carrying 1 on any faculty, profession or profession, as- occupation, trade or employment, either on their ^^deanS own account, or as agents, for the space of ten come, and re- days, and not more than eight months, and assess to^heTreasur- such persons respectively, the amount of thei re- stock in trade, and profit and income, and hand over said list and assessment to the Treasurer, who shall immediately give notiee to the parties that J reasarer ' s he is ready to receive the tax on said stock in trade, u y ' and profit, and income, and the persons so assessed shall respectively pay a tax of one hundred cents on every hundred dollars of the amount so assessed Executions to for stock in trade and profit, and income upon them against ail who respectively. And against all such as do not come t d e ° n 5° ys P ay in forward and pay the same, within ten days there- after, execution shall be forthwith issued : Provi- Not to extend ded, that nothing herein contained, shall apply to tosuchasnm y , ~ . . i ,-,• give security to sucn persons as may give security to the City make returns Treasurer to make their returns- and pay the tax J" d e P ay the upon sales conformably to the provisions of the 1st clause. 7th. Jlnd be it further ordained, by the autho- rity aforesaid, That every lot, subdivided lot, orJ^vhTg a* well piece of ground within the City, enclosed and oc- orcisteniofthe cupied, and which has not a good and sufficient gtSf with a well, or cistern, capable of containing at least pmn fV^ be J .i j , , ii r /. i i -P /.i • i taxed $40, and three hundred gallons of water, and built of brick this whether or stone, with a pump to the same, fit for use, lo^esifment 6 shall be liable to a tax of forty dollars for eve- or not. ry such lot, or piece of ground ; which tax of for- ty dollars shall be paid to the City Treasurer for the use of the City, by the owner or owners of 24 CITY ORDINANCES. every such lot, subdivided lot. or piece of ground, whether the same be subject to assessment or not. 8th. And be it further ordained, by the author i- Property ty aforesaid, That all such taxable property with- cTtyVresi- 6 m * ne ^ity as ma . v belong to any person residing dent 5 out of without the United States, shall be liable to a dou- toa double tax We tax ; but this clause shall not be construed to extend to the property of any person or persons sent or gone abroad in the employment of this State, or of the United States, until one year after the expiration of his or their mission. 9th. And be it further ordained, by the autho- rity aforesaid, That every person who shall here- insurance after act as agent for any individual, or associa- ^amonoathti " of individuals, not incorporated by the laws ofaiipremiums-of this State, (although the same may be incorpo- fS e them.^ '" rated by the laws of any other State,) for the pur- pose of effecting insurances or contracts of insu- rance within this City, against loss of any kind, shall on the 30th day of June next, and on the 3 1st day of December next, render to the City Treasurer under oath, a just and true account of all premiums received by him, or any other person for him, or agreed to be paid for any such insu- rances effected by him during the present year, To pay a tax an d shall pay to the City Treasurer six per cent, ofsixpercem. on the amount of all such premiums ; and every on the amount . . , , , , \ i i ofsuch such agent who shall neglect to make such re- premiums, turn, and pay as above required such per cent up- under penalty , r / . 1 l , . l . , ,' of $500. on the premiums paid or agreed to be paid, on the day aforesaid, shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered in any court having cognizance thereof. ... 1 0th. And be it further ordained, bit the au- All returns to . •' 7 . ■* be made before thority aforesaid, 1 hat any person owning or pos- defoata? 1 ' Un " sessing any property liable to the payment of a city tax, as aforesaid, as well on his account or as executor, administrator, guardian, trustee, at- torney, agent or otherwise, l|P|§e charge or K'rfv management of any taxabl^proprrty within the City, or of any person deceased, absent, or under age, or otherwise, shall, on or before the 21st day ^: • CITY ORDINANCES. 25 of April in the present year, deliver a true and just return of all such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City In- quirer and Assessor, at his office, and then and there take the following oath : "I, A. B. do so- Form of oath - lemnly swear, (or affirm as the case may be,) that the return which [ now give in, contains a just and true account and correct representation of all the real and personal estate subject to taxation, which on the first day of January, in the present year, was or were in my possession, for or on my account, or on account of any other person or persons, whomsoever, either as executor, administrator, guardian, trustee, attorney, agent or otherwise ; and that no more of the said property than is represented, is in any wise belonging to any person or persons resident in a foreign country. »So help me God." And every person taking such oath, shall subscribe the same on each return by him or her delivered to the City Inquirer and As- sessor. And no return shall be received from any one, of the property of another person, except as No return to aforesaid, in the character bf executor, admi:«istra- on ™ a f the pro- tor, guardian, trustee, attorney, or agent, unless P ert y of aI1 °- the same be sworn to by such person before the i ega i agent. City Assessor and Inquirer, or a Magistrate duly qualified to administer such oath. llth. And be it further ordained, by the au- thority aforesaid, That each and every Vendue Additional 03tn or venous Master, shall, in addition to the oath prescribed, masters, by the preceding section, take the following oath: I, A. B. do solemnly swear (or affirm, as the case may be,) that the return which I now give in, con- tains a just and true account of all commissions received by me, (or the concern of which I am a co-partner,) on goods, wares and merchandize, sold by me (or my house.) at private sale. So help me God." 12th. And be it further ordained, by the autho- rity aforesaid, That it shall be the duty of every 4 26 CITY ORDINANCES* Persons who taxable inhabitant of this city, who shall, since perty S sincrisi tne & rst day of January in the past year, have sold j.nuaiy,to any lands or negroes liable to the city tax, to Son thereof?ngi ve information at the time of making his next hi .return. return of such sale, and the time thereof, and the name of the person to whom sold, to the City As- sessor. 13th. And be it further ordained, by the au- thority aforesaid, That any person being the own- Double tax on er or l iav j ni r the charge of any taxable property all who make , . • p *» i . • • j no retmn, or a within the city, as aforesaid, and who is required fake one. ^y tn j s Ordinance to make a return thereof, on failure or neglect to make such return at the time, and in the manner herein prescribed, or if any person shall, in any return to be made, as a- foresaid, omit any house, building, lot or wharf, landed estate, slave or slaves, coach, or other carriage, horse or horses, or other property lia- ble to a tax as aforesaid, or shall, by a false re- turn, prevent a full assessment, to which such pro- perty, if duly and fairly returned, would have been liable, every such person shall, in every such case, be doubly taxed. 14th. And be it further ordained, by the autho- rity aforesaid, That all assessments made on real and personal property, sales of goods, wares and "axes to be merchandize, stock in trade, income and other paid by aa of property, rendered taxable under this Ordinance, fa'iit ofwhidi or any part thereof, shall be paid to the City executions to Treasurer,at his office, on or before the second day of June in the present year ; and if any person shall fail or neglect to pay his or her assessment, when due as aforesaid, an execution shall forth- with be issued against any goods or chattels to such person belonging, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges, and the over- plus, if any may be left, shall be paid to the person whose goods and chattels have been so seized and issue. CITY ORDINANCES. 27 sold, or to such other person as may have a lawful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found, be insufficient to defray the whole amount of the assessment and charges, the Sheriff shall levy upon "and sell at public auction, any of the landed property of such person within the limits of the city, on a lease not exceeding five years, for the purpose of discharging what maybe due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above direct- ed. And if any person failing or neglecting to pay his or her assessment, should have neither landed Ca Sa to issue property, nor goods and chattels within the citv,r h k rethepar " r .K. , J fe , j. , , <. , , J ' ty has no pro- of it the proceeds of the sales 01 such as may be-perty, or the long to him or her, should not be adequate to the J™ e e made " full payment of what is due by him or her as afore- said, then the City Sheriff shall take out an exe- cution against the body of such person, and com- mit the same to the gaol of Charleston district, there to be detained until full payment be made, or until discharged according to law. 15th. And be it furtlier ordained, by the autho- rity aforesaid, That every inhabitant of this State, • owning or possessing any taxable property within Conntrv resi . the city, but residing therein at no other time than dents allowed between the months of June and November, or i^SSJjfLSjI* siding altogether in the country, shall be at liber- and pay theg ty tn make his or her return on or before the 20th taxes ' day of June in the present year, and to pay his or her assessment on or before the SJOth dav of July next ensuing, subject, however, to the regulations and penalties herein before prescribed and im- posed in every other respect, except as to the time of making returns and paying such assessment, and with the foregoing exceptions in point of time, the City Inquirer and Assessor, the City Treasu- rer and City Sheriff, shall be bound to observe in regard to every such person, the same rules and proceedings, respectively, as above prescribed in other cases. 28 CITY ORDINANCES. 16th. Jlnd be it further ordained, by the autho- A person resi- rity a [foresaid, That every inhabitant of tliis State, ding 3 ™° ulh8 resitliiuj within tiie City for three months in the in the city Hi ■ i ' i • deemed aa in- year, shall be considered and deemed an inhabi- habitant there- tant t h eiT() f ; anc [ all such of his or her personal property held, possessed, used, or enjoyed in the City, as may come under the description of taxa- ble property specified in this Ordinance, shall be liable to assessment, and be proceeded with agree- ably to the foregoing provisions of said Ordinance, if brought into and used within the city during such residence, -although not within the City on the first day of January preceding. Goods sold af- 17th. And be it further ordained, by the autho- ter 1st April r ((y aforesaid, That all goods, wares and merchan- taxedi^ cts.dize, sold within the limits of the City of Chavles- on every $ioo. j on ^ j >v an y person or persons, whomsoever, and whether for cash or credit, from and alter the first day of April next, ensuing the date of this Ordi- nance, shall be liable to a tax of (12 1-2) twelve and a half cents on every hundred dollars of the gross amount of the sales of such goods, wares and merchandize, to be returned, assessed and collected, in such manner, and within such time, as shall be prescribed by Ordinance of the City Council. 18th. And be it further ordained, by the autho- ^exsouIotco- r ^ l y of °resaid, That each and every free negro or lour, according free person of colour, from the age of twenty-one to classification to t ^ ^ e f s j xt y, carrying on a trade or art, or being a mechanic and residing within the City, or residing without the City, exercises his trade or art therein, shall pay a tax of ten dollars ; and that each and every other free male ne- gro, or free male person of colour, from the age of sixteen to the a^eof twenty one years, shall pay a tax of five dollars ; and that each and every oth- er free male negro, or free male person of colour, from the age of twenty one to the age of sixty, shall pay a tax of eight dollars ; and that each and every free female negro, or free female person of CITY ORDINANCES. 29 colour, from the age of fourteen to eighteen years, shall pay a tax of three dollars ; and that each and every other free female negro or free female per- son of colour, from the age of eighteen to the age of fifty years, shall pay a tax of five dollars ; except such free negroes and free persons of colour, as shall be clearly proved to the Inquirer and Asses- sor to he incapable, from maims or otherwise, of providing his, her or their livelihood. The fore- going taxes on free negroes or five persons of co- lour, shall be paid during the month of June, in the present year to the City Treasurer. And if any free negro, or free person of colour, of the ages aforesaid, shall neglect to pay the City Treasurer, his or her tax as aforesaid, an execution shall be issued against the property and person of stich 252^5? free person of colour, directed to the City Sheriff, tion to issue; if requiring him to seize and sell the property Of any J° EJJJJJ! such free negro, or free person of colour, and de- linqneut may duct so much from the sale thereof, as shall be t o thetread sufficient to pay th»* tax due by him or her, as afore- min '° r one .. .. l Vi li r i month, or untiJ said, as also the cost and charges of such seizure payment be and sale ; but if no property can be found belonging made - to such free negro, or free person of colour, whose tax is not paid when due as aforesaid, then it shall be the duty of the City Sheriff forthwith, by virtue of the said execution, to seize and take the body of any such C\ee negro, or free person of colour, and to bring the same before the Guard Commit- tee for the time being, whose duty it shall be to in- quire into the cause of neglect or refusal to pay the said tax, and the said Committee are hereby autho- rised and empowered, if they, after the" said inquiry, shall deem fit, to order and direct such free person or persons to be confined in the Work-House, and >£ placed on the Tread-Mill for any time not exceed- ing one month, unless his or her tax due as afore- said, with costs and charges, be sooner paid. And every free negro, or free person of colour as afore- said, shall, on or before the fifteenth day of May in the present year, make a return of his or her 30 CITY ORDINANCES. Returns to be na™ fi an d age, and of the names and ages of his or •» a jj e Jjr the . her respective child or children, and of his or her defauitto y b'e m places of abode and occupation, to the City In- doabij taxed. q U j re r and Assessor, who shall enter the same in a book to be kept by him for that purpose ; and if any free negro or free person of colour shall ne- glect or refuse to make such return within the time and in the manner before prescribed, or shall give a wrong name or names with intent to deceive the Inquirer and Assessor, he or she shall, in either case, be double taxed and proceeded against in the. same manner as above directed with regard to free negroes, or free persons of colour, whose tax is not duly paid as aforesaid. Ratified in City Council, this 4th day of March, in the year of our Lord one thousand eight hundred and thirty-four, and in th« fifty-eighth year of American Independence. EDWARD W. NORTH, Jntendant. No. 8. „ „ , „ . AN ORDINANCE to amend the fourth section of an Ordinance, Mititled Ratified 22a, April, 1834. "An Ordinance to preserve the Health of the City of Charleston. v "^" >v '" ,s " / and to appoint Commissioners of Health." Be it ordained by the Jntendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the Commissioners of Health collectively, or Commission- anv three of them shall have full power and autho- crs niitrionsccl •/ ill* toenter lots, pity to enter upon any lot, grounds and possessions of any person or persons, and thoroughly to exam- ine the same : and whenever the said Commission- CITY ORDINANCES. 31 ers, or any three of them, shall have cause to bus- May have pia- pect that foul air or noxious effluvia, originate, or ^ s fo s "f^ c ^. are collected in any house, cellar, vault, or enclo-t.iated. sure, shut up from public view, they, or any three of them, may demand entry therein in the day time, and may direct the same to be opened and venti- lated as often as they may deem it necessary : — And if the owner or occupant of any lot, ground, house, cellar, vault or enclosure, shall refuse or delay to open the same, and suffer it to be exam- penaIt ined and ventilated as aforesaid, or shall in any owners ob- wise obstruct the said Commissioners or any three S^^ ™!" of them, in the discharge of their dutv, he she or they shall be liable to a fine of one hundred dol- lars for every such offence. And if the owner or occupant of the premises on which any nuisance shall be found, which in the judgment of any three Commissioners may endanger the health of the city, shall, on a written order being given by said Commissioners, or any three of them, refuse or neglect to have said premises ventilated, and the said nuisance corrected or removed, as may be re- quired in the said notice, he, she or they, so refu- sing or neglecting, shall forfeit anil pay the sum of fifty dollars, for the use of the corporation, and the further sum of twenty-five'dollars for each and eve- ry day the said nuisance shall remain thereafter, contrary to said notice. And the said owner orownerstopay occupant shall moreover defray and pay the ex- v *JJ]^ ° r penses incurred in case such premises should be ventilated, or such nuisance corrected or removed . by any person employed under the authority and by the direction of the Commissioners of Health, or any three of them : Provided, however, that Proviso. the authority of the said Commissioners shall not be construed to extend to the filling up of low or other lots, or draining the same, unless the consent of the City Conncil thereto be previously obtained. And if the person or persons liable to any expense incurred as aforesaid, shall refuse or delay the payment thereof, the same shall be paid out of the City Treasury, and be afterwards recovered by an 32 CITY ORDINANCES. action of del t from the person offending or refu- sing as af >ret aid, in any Court having competent jurisdiction. Be it further ordained, by the anthoritif afore- said, That the tenth section of an Ordinance, daSse Hng entitled " An Ordinance to preserve the Health of the City of Charleston, and to appoint Commission- ers of Health," and passed the twenty-fouth day of July, one thousand eight hundred and fifteen, be, and the same is hereby repealed, Ratified in City Council, this twenty-second day of April, in the year of our Lord one thousand eight hundred and thirty-four, and in the Independence of the United States of America the fifty-eighth. EDWARD W. NORTH, Intendant. No. 9. Ratified 21st, AN ORDINANCE to alter and amend the nineteenth section of an Ordi« ne ' ' nance, entitled "An Ordinance to regulate the Pilotage of the Bar and Harbour of Charleston." Be it ordained by the Intendant and Wardens Masters of ves- of Charleston, in City Council assembled, and it re ad s e tSs gt ° * s hereby ordained by the authority of the same, coast or bar, That from and after the passing of this Ordinance, receFveoii t0 any master or commander of a vessel, herring to- board the first wards the coast or for the Bar of Charleston, (all piot o enng. vegse j s t ra dmo, between any ports within this State excepted,) who shall refuse to receive on board a licensed Pilot, shall be, and is hereby made liable, on his arrival and in the Port of Charleston, to pay the Pilot who first offered without the .Bar to go CITY ORDINANCES. 33 on board, and take charge of such vessel, the same Penalty, rates and fees as are allowed and established by an Ordinance passed the 3 1st day of July, 1815, en- titled " An Ordinance to alter the rates of Pilot- age of the Bar and Harbour of Charleston," as if such Pilot had actually brought such vessel into Port: Provided, however, that if a Pilot having PtoriBOt a Branch of twelve feet only, is refused by the master of a vessel of greater draft, such master shall not be liable to him for her Pilotage ; and, provided also, that if a Pilot reruseth to produce his license to the master of a vessel, when the lat- ter demands it, the fees of Pilotage shall not be chargeable against the master rejecting the servi- ces of such Pilot. Jlnd be it further ordained, by the authority aforesaid, That all Ordinances, or parts of Or- ciaEse. g dinances, repugnant to the foregoing, be, and the same are hereby repealed. * Ratified in City Council, this twenty-first day of June, in the year of > • our Lord one thousand eight hundred and thirty-four, and in the of the United States of fifty-eighth year of the Independence America. EDWARD W. NORTH, Intendant. ■ 34 CITY ORDINANCES. No. 10. Ratified 6th, ^ ORDINANCE to regulate the Office of Deputy Escheator, and fa Oct. 1834. other purposes. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the City Council shall, on the third Monday in October next, or at the next meeting thereafter, elect by ballot, a Deputy Escheator for the Pa- rishes of St. Philips and St. Michaels, who shall perform the duties and exercise the powers pre- i scribed by law for escheating, selling and appro- ■ priating to the City Council for the benefit of the Orphan House, all property which has or may be- come escheated within the said Parishes. "The Deputy Es- sa id Deputy Escheator shall be elected for the cheatortobe . -re J ±. xU • ^ r* i elected for four term ot four years, and at the expiration of that years. term, and at each and every future election of the said office, the Deputy Escheator shall be elected for the term of four years, subject however to be removed by Council as provided by the Ordinance ratified the tenth day of October, Anno Domini one thousand eight hundred and twenty-six. To ghe bond 2. And be it further ordained, by the authority with securities, aforesaid, That thfl person hereafter to be elected to the office of Deputy Escheator, shall, within three weeks immediately succeeding his election, and before he enters on the duties of his office, execute a bond to the City Council of Charleston, their successors and assigns, in the sum of ten thousand dollars, conditioned for the due and faith- ful discharge* of the duties of the said office, as re- quired, or to be required by law, with three secu- rities bound jointly and severally. To make re- «*. And be it further ordained, by the authority turns twice a aforesaid, That it shall be the dirty of the said De- quests, & c m P ut ) T Escheator on the first day of June and De- aud monies ceiiiher in every year, to render to the City Coun- cil a full and just statement of the condition of all informations, inquests and other legal proceedings CITY ORDINANCES. 35 pending for the recovery of escheated property in the Parishes of St. Philips and St. Michaels, with a true and faithful account under oath of all mo- neys received by him as Deputy Escheator ; and on failure thereof, he shall for each neglect in ren- dering in the said semi-annual statement or ac- count, forfeit and pay to the use of the city, the sum of one hundred dollars, to be recovered in the City Court. 4. And be it further ordained, by the authority aforesaid, That it shall be the duty of the Deputy™ t-( i ' ,. i i i- . J To pay over to Escheator, to pay, transfer and deliver over to the City Treasair- City Treasurer, all moneys, bonds and mortgages ari^lronr" arising from the sales, and proceeds of escheated sales of es- property, within ten days after the same shall hearty? pn> received by him, and for each negiect in so paying transferri ng and delivering over suchmoneys,bonds or mortgages to the City Treasurer, the Deputy Escheator shall forfeit and pay to the use of the city, fifty percent, on the amount so neglected to be paid or transferred or delivered over, to be sued for in any Court having competent jurisdiction. 5. And be it further ordained, by the authority aforesaid, That the Deputy Escheator shall as a f£™^ compensation for his trouble, costs and charges in the discharge of his duty, be entitled to receive the commission of five per cent, out of all moneys, bonds and mortgages, which in virtue of the Es- cheat Laws, shall be paid and transferred by him into the City Treasury. 6. And be it further ordained, by the authority aforesaid? That every bond required to be given Bond to be by the Deputy I^cheator for the faithful perform- recorded. ance of his duties, shall, before the same be ac- cepted, be appoved of in writing by the City Coun- cil, and when approved, shall be recorded Fu the office of Secretary of State : and if any person elected to the said office shall fail to provide and perfect the security required within the time spe- cified by this Ordinance, the office of the person so in default shall be and the same is hereby declared to be vacant, and the City Council shall proceed 30 CITY ORDINANCES. to another election to fill the vacancy, at such time as they may think proper. 7. And be it further ordained, by the authority Repealing aforesaid, That all Ordinances and parts of Or- ciause. dinances, contrary to the provisions of this Ordi- nance, shall be, and the same are hereby declared to be repealed. * Ratified in City Council, this sixth day of October, in the year of our Lord, one thousand eight hundred aud thirty-four, and in the Inde- pendence of the United States of America the fifty-ninth. EDWARD W. NORTH, Intendant. ^ No. 11. Ratified 27th, AN ORDINANCE to raise supplies for the City of Charleston, for the Feb - 1835 - , year 1835. Be it ordained by the Jntendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, ^^^^g^TThat the following species of property owned and cents on every possessed within the limits of the City of Charles- ® 100, ton, shall be subject to taxation in the manner, at the rate, and conformably to the provisions herein- after specified, regard being had to the real value < of the same, viz : Every house, building, wharf, lot, or other landed estate, inciting all houses and improvements erected or owned by individuals „ , 4 , on lots leased from the City, or from any religious Value to be as- -it- •. • i n i i • i i sessed by city or charitable institution, shall be, and is hereby Assessor. ma de liable to a tax of thirty seven and a half cents, (37 1-2) on every hundred dollars, of the value or estimate thereof, to be assessed by the GrosBamount Cily Inquirer and Assessor. . That on the gross a- of sale of goods mount of sales of all goods, wares and merchandize in every lioo- soM within the limits of the City of Charleston, by any person or persons whomsoever, and whether CITY ORDINANCES. 37 for cash or credit, for or on their own account, or on account of others, between the 1st day of April, 1834, and the 1st day of April next, inclusive, en- suing; the date of this Ordinance, there shall be paid by the person so selling, twelve and a half cents, (12 1-2 cents) on every, hundred dollars of the amount of such sales respectively : Provided, ^5o?aSw£ that this clause shall not extend to rice and cot- ton sold by fac- ton sold by wholesale by any factor, or to goods, ^SJgfi wares and merchandize sold at public auction. — That every person selling or disposing of goods, Returns to be wares and merchandize, shall, between the 1st and AprUiandS 21st days of April, next, ensuing the date of this Ordinance, deliver a true and just return of the amount of sales made by him, her, or them, within the period aforesaid, to the City Inquirer and As- sessor, at his office, and then and there, shall take the following oath: I, A. B. do solemnly swear, Tor affirm, as the case may be,) that the return Form of oath v , . , T • • • i . to be made. which 1 now grve in, contains a just and true ac- count and correct representation of the gross amount of sales of all goods, wares and merchan- dize, sold by me, between the first day of April, 1834, and the first day of April, 1835, inclusive, subject to taxation by the preceding clause,foror on my own account, or for or on account of any other person or persons whomsoever. So help me God ! 2d. And be it further ordained, bit the au- Gross amount tlwrity aforesaid, That the amount of all sales hyTenluTmJ!- of goods, wares and merchandize, made by Ven- teis - taxed l2 £ due Masters at private sale, whether on their own | e ioo.° n eVery account or on account of others, is hereby declared liable to the aforesaid tax of twelve and a half cents, (12 1-2 cents) on every hundred dollars of the amount of such sales, respectively, as levied by the first clause of this Ordinance, and shall be inclu- ded in the return required to be made as aforesaid to the City Inquirer and Assessor. 3d. And be it further ordained, by the authori- ty aforesaid, That if any person or persons selling or disposing of goods, wares and merchandize, within the City as aforesaid, and who is required 38 CITY ORDINANCES. by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such persons mak- return at t j ie j-j me an( j m t he m anner herein pre- ing no return \. . r or a false one, scribed ; or, it any person or persons shall, in any evTry^fioo of return to he made as aforesaid, omit the amount the value of of any sales made by him or them as aforesaid ; or Se, 8 to°be as- shall D y a false return prevent a full taxation, to sessed by the which such sale or sales, if du'y and fairly returned would have been liable, every such person or per- sons shall be liable to a tax of one hundred cents on every hundred dollars of the value of his stock in trade, held or possessed by him, her, or them, between the first day of April, 1835, and the first day of April, 1834, inclusive, to be assessed by the City Inquirer and Assessor.. income from All profit or income arising from the pursuit of taxedm^ctJ 1 an y f acu hy '•> profession, or occupation, trade or em- cm every $106, ploy me nt, (excepting those hereafter excepted,) by the £23 whether in the profession of the law, the profits to be derived from cost of suits, counsel fees, or other sources of professional income, and on the amount of commissions received by vendue mas- ters, or other persons vending goods, wares and merchandize, or real and personal property on commission, shall be liable to a tax of thirty-seven and a half cents on every hundred dollars, to be assessed as aforesaid. Taxon Slaves, Every slave, whose owner resides within the city of Charleston, shall be subject to a tax of one hundred and fifty cents. Every slave working out or employed in the Ci- workingoutinty of Charleston, whose owner resides without the the city, and ii m i ts of the said City, shall be subject to a tax of not owned therein, $3. three dollars. 4 wheel Car- Every coach, or other carriage having four riages drawn wheels, and drawn by two horses or more, (ex- toed^oT 68 ' cept as hereinafter provided,) shall be liable to a tax of twenty dollars. Every coach or carriage Same drawn having four wheels, and drawn only by one horse, by one horse ^^ be jj^ ^ & ^ ()f ^ dol J ars . Provided, that where more than one four wheel carriage may be owned by any person who may not possess CITY ORDINANCES. •, 39 more than a single pair of horses, such person shall not be liable to a greater tax than twenty dollars, for such coaches or carriages. Every Two wheel two wheel chaise, chair, sulky, or other carriage, chaise?, &c shall be liable to a tax of five dollars. Each and every four wheel carriage used for the space of Four wheel J ,i j • ,i il carriages used one month at anytime during the year, by Keep- for ex | rci8ing ers of livery stables, or others, for exercising of hS^es, $ioo. exhibiting horses, shall be liable to a tax of one Two wheel hundred dollars; and every two "wheel chaise, f" r t ! ^f 9 J a ^ chair, sulky, or other carriage, used for the same purpose $50. time and purpose, a tax of fifty dollars. Provided alwaijs, and it is expressly declared, that the tax N ^j* Jj Jjj hereby imposed on carriages, chairs, &c. used by mit breaking keepers of livery stables or others, for exhibiting ^ esinthe or exercising horses, shall not be construed in any manner or way whatever, to permit the breaking of horses within the limits of the City 7 , contrary to the Ordinances of the City- Every horse not used for military purposes by the Horses not owner,and every mule shall be liable to a tax of five nsed for miHta - doilars,except such as are used in licensed carts and except^™* ad drays, i. e. two horses or mules for each licensed are us f d m u " double cart, and one horse or mule for every other and drays, $5, licensed cart or dray. Provided, however, That nothing herein con- tained shall be so construed as to subject to taxa- tion the profit or income of any mechanic arising from the particular trade he pursues ; nor the sala- ries of the Judges and other public officers, ex- Salaries and empted from taxation or not taxed by the Legis- property ex- lature of the State, nor salaries of the Clergy, or gg from tex other teachers of religion ; or the profit or income of Schoolmasters, or other Teachers employed in the education of youth, arising from such employ- ment ; nor the salary of any minor ; nor that of any other person or persons whose salary is less than eight hundred dollars ; neither shall the tax hereby imposed upon carriages, apply to such carts, drays, or hackney carriages, as ply, or are employed for hire, by virtue of license obtained from the City • Treasurer. And, provided, also, That no tax shall 40 CITY ORDINANCES. be imposed, on any land, buildings, or funds be- longing to religious, charitable, or literary socie- ties : Provided, however, nevertheless, That no ex- emption herein contained, shall be construed to ex- W' tend to the buildings owned or erected by private individuals on lands leased of the aforesaid reli- gious, charitable, or literary societies. 4th. And be it further ordained, by the authori* peny 3 toVSei -ty aforesaid, That the taxes on landed or personal to that owned es t a te, herein before particularly described, shall on the 1st Jan- : _ . t . l . •} . • . • ' uary, and hor- be payable by the persons who, on the 1st of Jan- teSi to uary in the present year, were the respective own- present year, ers or representatives thereof; but that every horse shall be liable to the tax herein before expressed, that shall be owned or kept in the City at any time during the present year, after the pass- &c e iLed\nthe i n g of this Ordinance ; and that every coach, or City for 3 mos. other carriage used in the city for three months, to be liable to . .° , -. V -tjiu the tax; if not except in the cases herein before provided, shall returned, liable fo e liable to the tax imposed upon such objects in to a treble tax. , _ , , . ' i i i the first clause ; and if not returned by the owner, or any person using the same, shall be liable to a treble tax, one-half of the extra tax to go to the informer. 5th. And be it further ordained, by the author- ity aforesaid, That it shall not be lawful for any transient person, master, or other person, attached to any vessel not belonging to the port of Charles- ^nT S a«ac P h e ed ton ' to ven d ° n board any vessel, or on the wharves to vessels not any goods, wares, or merchandize, (excepting all iTJt^ 1 not h a 1 |-P ro duce of this State, and provisions, fruit, fish, lowed to sen on and articles for public market,) either on their goods', Sept- own account, or as agent or consignee, until he or ing the pro- tbey shall have obtained from the City Treasurer nilfP of this state, and pro a license to sell such goods, wares and merchan- visionsforpub-dize, as aforesaid, for which license they shall res- he market » \. . •. ■-__;, i _c ! without license pectively pay to the City .treasurer the sum of one jSyiJJJ'* 1 " hundred dollars,the said license to continue in force for one year ; and if any transient person, master, or any other person, attached to any vessel not be- longing to the port of Charleston, shall sell on board any vessel, or on any of the wharves, any * CITY ORDINANCES. 41 goods, wares, or merchandize, not excepted as a- foresaid, without a license, contrary to this Ordi- nance, he or they shall forfeit and pay, for each and eve:*y such offence, the sum of two hundred dollars, to be recovered by suit in the City Court, in the name ofthe City Council of Charleston, one half thereof for .the use of the person who shall prosecute the offender to conviction, and the re- mainder for the use of the City. And be it further or dad ted, by the authority City Assessor af on said, That it shall be the duty of the ( ity je^y l£ Inquirer and Assessor, to form an alphabetical idems carrying l; ,* i II *. "J *.! t^l± ' /.on any trade or list or all temporary residents in the City, viz : of ino fessi sion, as- al! persons earning on any faculty, profession or sess t! ? eilstock 1 . i • - I - • i . .111 trade and m- occupation, trade or employment, either on their come, and re- own account, or as agents, for the space of ten J u ™ * e * ame , i ■ i • i 11 to the Treasur- days, and not more than eight months, and assess er. such persons respectively, the amount of their stock hi trade, and profit and income, and hand over said list and assessment to the Treasurer, who "Treasurer's shall immediately give notice to the parties that duty ' he is ready to receiife the tax on said stock in trade, and profit, ami income, and the persons so assessed shall respectively pay a tax of one hundred cents Executions to on every hundred dollars of the.amou.nt so assessed agaTnstaii who for stock in trade and profit, and income upon them do ° ot P a )' in • . . . . -ii i i ten days: respectively. And against all such as do not come forward and pay the same, within ten days there- Not t0 extend after, execution shall be forthwith issued : Froui-^o nuchas may ded, that nothing herein contained, shall apply tOnlakTTenn-ns such persons as may give security to the City Trea- and P a )' &* ' * *P ■ J taves. surer to make their returns and pay the tax upon sales conformribly to the provisions of the 1st clause '• 7th. Jltul be it further ordained< ba the autho- .. /. . . fTi y , , ,.• . , ii. Every lot not nty aforesaid, I hat every lot, subdivided lot, or jiving a well piece of ground within the Citv. enclosed and oc- olcis l rno /t™ ■ i i i • , , •.. . capacity- of oOO cupied, and winch has not a good and suificient gallons, with a well, or cistern, capable of containing at least fa.^d ^S/'and three hundred gallons of water, and built of brick this whether or stone, with a pump to the same, fit for use,||;^^ n ^ e shall be liable to a tax of forty dollars for eve- pr not ry such lot, or piece of ground ; which tax of J'or- 6 42 CITY ORDINANCES. ty dollars shall be paid to the City Treasurer for the use of the City, by the Owner or owners of every such lot, subdivided lot, or piece of ground, whether the same be subject to assessment or not. 8th. And be it further ordained, by the authori- ty aforesaid, That all such taxabie'property with- Property in the City as may belong to any person residing cTtyVresi- 6 without the United States,- shall be liable to a dou- dentaoutof ble tax ; but. this clause shall not be construed to the U.S. liable , . e to a double tax extend to the .property of any person or persons sent or gone abroad in the employment of this . State, or of the United States, until one year after the expiration of his or their missions , . L 9th. And be it further ordained, by the autklF rity aforesaid, That every person who shall here- after act as agent for any individual, or assoeia- insurance tion of individuals, not incorporated by the laws agents to make f this State, (although the same may be incorno- retarn on oath , , , v , ^ -<"(/•■ of aiipremiums rated by the laws or any other State,) for the pur- for e them. by ° r P ose °f effecting insurances or contracts of insu- rance within this City, against loss of any kind, shall on the 80th day of Julie next, and on the 31st day of December next,*render to the City Treasurer under oath, a just and true account of all premiums received by him, or any other per- son for him, or agreed to be paid for any such in- surances effected by him during the present year, and shall pay to the City Treasurer six per cent. To pay a tax on the amount of all such premiums ; and every ofsi *P erceut such agent who shall neglect to make such re- on the amount "- , ■ . • " i 1 of such turn, and pay as above required sucSi per cent, up- premiums, on tne p rem j m - ns paid or agreed to be paid, on the under penalty ., A . , , » . „ .^ , . * ' . r of $500. * day aforesaid, shall forfeit and pay the sum or live hundred dollars, to be sued for and recovered in anv court having cognizance thereof. WlOth. And be it further ordained, by the au- Aii returns to^ l(fr ^V uf> r <'sciidj That any person owning or pos- be made before sessing any property liable to the payment- of a 20th April, un- ., . a \- • J ^i i • IL * deroath. eity tax, as aforesaid, as well on ins account or as executor, administrator, guardian, trustree, attor- ney, agent or otherwise, having the charge or man-' agement of any taxable property within the city, or of any person deceased, absent or under age, CITY ORDINANCES. 43 or otherwise, shall, on or before the 20th day of April in the present year, deliver a true and just return of ail such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City In- quirer and Assessor, at his office, and then and there take the following oath: "I, A. B. do so- Form of oath lemnly swear, (or affirm as the case may be,) that the return which I now give in, contains a just and true account and correct representation of all the real and personal estate subject to taxation, which on the first day of January, in the present year, was or were in my possession, for or on my account, or on. account of any other person or persons, whomsoever, either as executor, administrator, gua dian, trustee, attorney, agent or otherwise ; and that no more of the said property than is represented, is in any wise belonging to any person or persons resident in a foreign country. So help me God." Ami every person taking such oath, shall subscribe the same on each return by him or her delivered to the City Inquirer and As- sessor. And no return shall be received from any No return to one, of the property of another person, except as J*3 e by pro . aforesaid, in the character of executor, adinirustra- perty of ano- tor, guardian, .'trustee, attorney, or agent, unless [^1 "gem! ^ the same be sworn to by such person before the City Assessor and Inquirer, or a Magistrate duly qualified to administer such oatii. 1 i til. And be it further o/dained, by the au- Additional . > /» ■ i rri' i. i s tr ' j oatii of vendue thority ajvrcsaid, inat each and evavy V endue masters. Master, shall, in addition to the oath prescribed, by the preceding section, take the following oath: I, A. B. do solemnly swear (or affirm; as tne case -maybe,) that the return which I now give in, con- tains a just and true account of all commissions received by me, (or the concern of which 1 am a co-partner,) on- goods, wares and merchandize, sold by me (or my house,) at private sale. So help me God." 12th. And be it fur (her ordained, by the autho- rity aforesaid. That it shall be the duty of every 44 CITY ORDINANCES Personswho taxable inhabitant of this city, who shall, since pelty^ceis^ 1 ^ first day of January in the past year/ have sold January. to any lands or negroes liable to the citv tax, to give informa- • • >• *• ai'"" L : " -J. c v • : i.- tion thereof in g ive lntormauon at the time of making his next hisretum. return of such sale, and the time thereof, and the name of the person to whom sold, to the City As- sessor. ■13th. And be it further ordained, by the au- thority (tfortsai.4, That any person being the own- Double tax on er or [lavinjr the charge of anv taxable property all who make . p ,- • i • " i • • *j no return, or a within tin; c?ty, as aforesaid, and who is. required false one. ^j tliis Ordinance to make a return thereof, on failure or neglect to make such return at the time, and in the manner herein prescribed, or if any person shall, in any return to be made, as a- . foresaid, omit any house, building, lot or wharf, landed estate, slave or slaves,, coach, or other '- carriage, horse or horses, or other property lia- ble to a tax as aforesaid, or shall, by a false re- turn, prevent afu!l assessment, to which such pro- perty, if duly and fairly returned, would have been liable, every such person shall, in every such case, be doubly taxed. 14th. And be it further ordained, by the autho- rity aforesaid, That all assessments made on real and persona! property, sales of goods, wares and Taxes to be merchandize, slock in trade, income and other paid by 2d of property, rendered taxable under this Ordinance, June ; in de- ' „ "i c ' i m i :j. i-'i'ii.' -/I'i fault of which or any part thereof, _ shall be paid to the (Lity executions to Trea~urer,at his office, on or before the second day 1CCHO . i • * of June- mi the present year ; and il*any person shall fail or -neglect to pay his or her assessment, when due as aforesaid, an execution shall forth- with be issued against ty has no pro- or it the proceeds 01 toe sales 01 such as may be-perty. or the long to him or her, should not be adequate to the 8 ^™^^ 6 " full payment of what is due by him or her as afore- said, then the City Sheriff shall take out an exe- cution against the body of such person, and com- mit the same to the gaol of Charleston district, there to be detained until full payment be made, or until discharged according to law. loth. And be -it further ordained, by the autho- rity aforesaid, That every inhabitant of this State, owning; or possessing any taxable property within^ the city, but residing therein at no other time than dent- allowed between the months of June and November, or re-*" 1 ?*" 1 ' t ' met0 ... . ' make return siding altogether in tne country, shall be at liber-andpaytheir ty to make his or her return on or before the 20th day of June in the present year, and to pay his or her assessment on or before the 20th day of July next ensuing, subject, however, to the regulations and penalties herein before prescribed and im- posed in every other respect, except as to the time of making returns and paying such assessment, and with the foregoing exceptions in point of time, the City Inquirer and Assessor, the City Treasu- rer and City Sheriff, shall be bound to observe in regard to every such person, the same rules and proceedings, respectively, as above prescribed in other cases. taxes. 46 CITY ORDINANCES. 16th. A \nd be it further ordained, by the autho- A person ten-tit if aforesaid, That every inhabitant of this State, Se 3 city° nths residing within the City for three months in the deemed an in- vear, shall be considered and deemed an inhabi- habitantthere-| ant thereof, and all such ofhis or her personal property held, possessed, used, or enjoyed in the City, as may come under the description of taxa- ble property specified in this Ordinance, shall be liable to assessment, and be proceeded with agree- ably to the foregoing provisions of said Ordinance, if brought into and used within the city daring such residence, although not within the City on the first day of January preceding. Goods sold af- J 6th. A rid be it ftirt lie r ordained, bu the autho- next S to be" 1 /? '^ aforesaid, That all goods, wares and merchan- taxedi-2i cts. dize, sold within the limits of the City of Charles- oneveryfioo. fon ^ | } y an y p^ Y son or persons, whomsoever, arid whether for cash or credit, from and after the first day of .April next, ensuing the date of this Ordi- nance,, shall be liable to a tax of (12 1-2) twelve and a half cents on every hundred dollars of the gross amount of the sahs of such goods, wares and merchandize, to be returned, assessed and collected, in. such manner, and within such time, as shall be prescribed by Ordinance of the City Council. 17th. And be it further ordained, by the autho- ^ef^nilT co- r ^ } l aforesaid, That each and every free negro or lour, according free person of colour, from the age of twenty-one to classification 1 . 1 c ' _■• "1 • j. j a. ' to the age or sixty, carrying on a trade or art, or being a mechanic and residing within the City, or V residing without the City, exercises his trade or art. therein, shall pay a tax of ten dollars ;. arid that each and every other free nlale- ne- gro, or free maje person of colour, from the age of sixteen to the agebf twenty one years, shall pay a tax of five dollars ; and that each and every oth- er free male negro, or tree male person of colour, from the age of twenty one to the age of sixty, shall pay a tax of eight dollars ; and that each and every free female negro, or free female person of CITY ORDINANCES. 47 colour, from the age of fourteen to eighteen years, shall pay a tax of three dollars ; and that each and every other free female negro or free female per- son of colour, from the age of eighteen to the age of fifty years, shall pay a tax of five dollars ; except such free negroes, and free persons of colour, as shall be clearly proved to the Inquirer and Asses- sor to he incapable, from maims or otherwise, of providing his, her or their livelihood. The fore- going taxes on free negroes or free persons of co- lour, shall be paid during the month of June, in the present year to the City Treasurer. And if any free negro, or. free person, of colour, of the ages aforesaid, shall neglect to pay the City Treasurer, his or her tax as aforesaid, an execution shall be issued against the property and person of such Default of P a y free person of colour, directed to the City Sheriff, ticm to issue; if requiring him to seize and sell the property ^f any S'fiSTS? 1 such free negro, or free person of colour, and de- Unquent may duct so much from the sale thereof, as shall be^the'Sead* sufficient to pay the tax due by him or her, as afore- mi0 *?* one ., ., i„i ii f i •' month, or until said, as also the cost and charges of such seizure payment be and sale ; biitif no property ©an be found belonging raade - to such free negro, or free person of colour, whose tax is not paid when due as aforesaid, then it shall be the duty of the City Sheriff forthwith, by virtue of the said execution, to seize and take the body of any such free negro, or free person of colour, and to bring the same before the Guard Commit- tee for the time being, whose duty it shall be to in- quire into the cause of neglect or refusal to pa}^ the said tax, and the said Committee are hereby autho- rised and empowered, if they, after the said inquiry, shall deem fir, to order and direct such free person or persons to be confined in the Work-House, and r placed on the Tread-Mill for any time not exceed- ing one month, unless his or her tax due as afore- said, with costs and charges, be sooner paid. And every free negro, or free person of colour as afore- said, shall, on or before the fifteenth davofJVXay in the present year, make a return of his or her 48 CITY ORDINANCES. Returns to be n a m p and age> and of the names and ages of his or made by the her respective child or children, and of his or her loth May; in i r , , , . . ' , ,• r default to be placesol abode and occupation, to the ( lty In- doubly taxed. quirer and Assessor, who shall enter the same in a book to be kept hy him for that purpose ; and if any fvee negro or free person or colour shall ne- glect or refuse to make such return, within the time and in the maimer before prescribed, or shall give a wrong name or names with intent to de- ceive the Inquirer and Assessor, he or she shall, in either case be doubly taxed and proceeded against in (he same manner as above directed with regard to free negroes or free persons of colour, whose tax is not duly paid as aforesaid. ■ ■ py • Ratified in City Council, this twenty-seventh day of February, in the year of our Lord one thousand eight hundred and thirty-five r and in the fifty-ninth year of theindependence of the United States of America, EDWARD W. NORTH, Inlendant. No. 12. „ .- , ™ , AN ORDINANCE to amend the Ordinance relating to the Ratified 30th, June, ld35. Orphan House. Be it ordained by the lntendant and Wardens of Ciiarlesttm, in City Council assembled, and it is hereby ordained by the authority of the same, c , That in addition to the duties required under the Steward to ex- . . . • f • ti i c • /••* i ercise general exi st iug Ordinances, the steward or the Orphan the Depart" House shall have and exercise the general Super-- ment, under intendance, direction and control over all and eve- £o e ne C rs mnus " fy' department, the officers and attendants of the Institution; subject, however, to the direction and regulation of the Commissioners ; and, shall re- CITY ORDINANCES. 49 ceive an annual salary of eight hundred dollars payable quarterly, besides the rations now allow- ed by law. 2d. And be it further ordained, bij the authori- £rd T^SZ ty aforesaid, That the Commissioners of the Or- also a Porter. ' phan House shall choose and appoint an Assist- ant to the Stewart— also a Porter to the Institu- tion, who shall perform such duties as may from time to time be prescribed by the Board of Com- missioners, and as a compensation for such servi- ces the assistant to the Steward shall receive the salary of two hundred dollars per annum, payable Salaries of Asi 1 i i -j i I- i A r» sistant and quarterly, besides a nurse s ration — and the Por-p or ter. ter shall receive a salary of one hundred and twen- ty dollars per annum, payable quarterly, with a nurse's ration. 3d. And be it further ordained, by the autho- Repealing rity aforesaid, That all Ordinances or parts of Or- clause " dinances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this thirtieth day of June, in the year of our Lord, one thousand eight hundred and thirty-five, and in the fifty- ninth year of American Independence. EDWARD W JYORTH, Mtndant. No. 13. AN ORDINANCE authorising the Issue of Five Per Cent. Stock, obliga- Ratified l8 t h tory on the Corporation of the City of Charleston. August, 1«35. Whereas, it is deemed advantageous to the City, that certain land in the vicinity of the late fire in Meeting-street and elsewhere within the City, should be purchased for objects of public improvement, and funds adequate for this purpose can be raised by the issue of certificates of stock 7 50 CITY ORDINANCES. on the faith of the Corporation of the City of Charleston, redeemable at a future period. Five per cent, £ f n ordained by the Jntendavt and Wardens sued. of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That Five Per Cent. Stock, obligatory on the Cor- poration of the City of Charleston, to the amount of a sum not exceeding two hundred thousand dol- lars, be sold under the direction of Council by the City Treasurer, at public outcry, within the City Hall, in such parcels, and at such time Or times, as the City Council may direct ; and that ten days previous notice of said sale be given in the news- papers of this City. 2d. And be it further ordained, by the autho- rity aforesaid, That immediately after the sale of said stock, certificates for the same, duly authen- ticated by the City Seal, and signature of the In- tendant, shall be m<:de for the respective purcha- sers, in the manner and form as follows : FIVE PER CENT. CITY STOCK. Treasury Office of Charleston, ) day year \ Be it known, that there is due from the City Council of Charleston, unto or assigns, the sum of *■ dollars, bearing interest at the rate of five per cent, per annum, from the — day of year, payable quarterly, being stock created in pursuance of an Ordinance of the City Council of i harleston, passed day of in the year eighteen hundred and entitled, "An Ordi- nance authorising the issue of live per cent stock, obligatory on tin; Corporation of the City of Charleston," the principal of which stock is re- j deemable, one-fourth in the year eighteen hundred and fifty ; one-fourth in eighteen hundred and fifty- two ; one-fourth in the year eighteen hundred and fifty-four; one-fourth in the year eighteen hundred and fifty-six ; which debt is recorded in and trans- ferable only at the office of the City Treasurer, by appearance in person, or by attorney, according to the rule and forms instituted for that purpose. CITY ORDINANCES. 51 And that said certificates, after they are made; Certificates to , . . , , ., • i l 11 be examined by out agreeable to the sales or said stock, shall be a committee. examined by 'a Committee of Council, and by said Committee, delivered to the City Treasurer; that said committee shall report their proceedings, which report shall be signed by the City I reasurer, and recorded in the Council Journals; whereupon the City* Treasurer shall become- accountable f ur Clt y Tl * eas j ul ' er , ■ i • i accountable. the whole of the Stock issued under tln j authority of this Ordinance. That said certificates shall be ready for delivery to the respective purchasers of said Stock, on or before the tenth day after sale, on the purchasers'paying for the amount of their purchases. 3d. And be it further ordained, by the au- thority aforesaid, That the City. Treasurer, shall appoint one day in each week, in which transfers Transfer days. of certificates of said Stock shall be made, without any charge being made therefor. Provided, how- ever, that should any holder of said Stock be desi- rous of effecting a transfer thereof, on any day other than the day fixed aforesaid, in all such cases a transfer may be made on paying the City Treas- urer one dollar for each certificate so issued. 4th. And be it farther ordained, by the autho- rity aforesaid, That all persons wishing to make any transfer of said Stock, shall endorse on the Transfer how back of the certificate the amount which is to be° ema e * transferred ; and the person to whom transfer is to be made, to which the name of the person trans- ferring is to be affixed. That the City Treasurer, before he issues any new certificates, shall endorse on the back of the old certificates the number and amount of certificates to be issued from the old certificate, and in whose favour; and when such statement shall be signed by the City Treasurer, and Countersigned by the Intendant, such certifi- cate shall be deemed cancelled, and it then shall be filed for reference and examination in the office of the City Treasurer. That the City Treasurer shall make out new certificates agreeable to the statement endorsed on the old certificate, taking 52 . CITY ORDINANCES. receipts and making entries in his transfer book in conformity to said receipts, and statement. That said new certificates shall be signed by the City Treasurer, and countersigned by the Intendant. Books to be 5t n . i/lnd be it further ordained, by the autho- closed cluq when.' rity aforesaid, That the books of the said Stock shall be shut fifteen days before the quarterly divi- dend of interest on the said Stock becomes due. That during the fifteen davs no transfer of said Stock shall be made. That the Citv Treasurer be required to keep separate and distinct books Treasurer to and accounts for receipts and payments of said booL for^ay 6 - Stock, and that a sum not exceeding one hundred meiits and re- a nd fifty dollars, be appropriated for defraying the expenses of the necessary certificates and books. 6th. And be it further ordained, by the autho- rity off > resaid, That- a Fund, called a Sinking Sinking Fund Fund, shall be created, towards which the princi- created. .p a j m0 ney, on all bonds and mortgages, derived by Council, from the sale of Lands purchased with the funds raised by loans under this Ordinance shall be appropriated: That the money thus placed in said fund shall be constantly kept at interest until the time of the redemption of the stock is- sued under the authority of this ordinance arrives, and then the said Sinking Fund shall be applied to the payment and discharge of the said Stock, as far as it will extend. 7th. And be it further ordained, by the autho- rity aforesaid. That the Intendant, Treasurer, and one Warden, to be annually elected by Council, Commission- shall be constituted Commissioners for the man- polnted^ ap agement of the said fund ; and it shall he their du- ty to vest the same previous to the first day of July in every year. • Ratified in City Council, this eighteenth day of August, in the year of our Loi^l one thousand eight hundred and thirty-five, and in the sixtieth year of the Independence of the United States of America, EDWARD W. NORTH, Intendant. CITY ORDINANCES. 53 No. 14. AN ORDINANCE regulating the residence of the Marshals.. Ratified 19th October, 1835. Be it ordained by the lntendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained, by the authority of the same, That from and after the passing of this Ordinance, Mhd need that so much of an Ordinance, entitled "an Ordi-not reside in nance for the appointment of four Marshals, and*^ Vai ^ ey t0 for other purposes,'' ratified the 12th October, were elected. 1831, as requires the Marshals to reside within the Ward to which they may respectively be elected, be, and the same is hereby repealed. 2d. And be it further ordained, bit the authori-^ . mu . st re ' r • / mi i n i i- i i side in the cor- ty aforesaid, that no person shall be eligible to porate limits, the office of Marshal, unless he reside within the corporate limits of the City. Ratified in the City Comicil, this nineteenth of October, in the Year of our Lord, one thousand eight hundred and thirty-five, and in the sixtieth year of American Iudependence. EDWARD \V. NORTH, lntendant. No. 15. AN ORDINANCE, to invest the Commissioners of Markets, with addition- Ratified 19th al powers, and for other purposes. October, 1&35. Be it ordained by the lntendant and Wardens of Charleston, in City Council assembled, aud it is hereby ordained by the authority of the same, No erson al That from and after the passing of this Ordi-iowedtoseiiin nance, no person shall be allowed to sell any Meat, Spt^eL^e Vegetables, Provisions, or any other article, in ei-»f a stall, un- ther of the Public Markets, except a Lessee ofjK./ 7 permis 54 CITY ORDINANCES. one of the Market Stalls, or a person in the em- ployment of a Lessee, unless such person shall have previously applied to one of the Clerks of the Markets and obtained the permission in writing of the Weekly Committee of the Commissioners of Markets. And if any article shall hereafter be brought into either of the Public Markets, and offered for sale- without such permission first .ob- tained, or in any other respect contrary to the City Ordinances, or the Rules and Regulations of the Markets, the. same shall be liable to be seized, Penalty. ^y the direction of any of the Commissioners^ and to effect such seizure, the Commissioners are au- thorized to require the services of the Clerks of the Markets, or the City Marshals, or other Police Officers of the City, and the article or articles so seized, shall be disposed of in same manner as is provided in other cases of seizure in the Public Market. , , * £d. And he it farther ordained, by the autho- rity aforesaid, That the Commissioners of the e^S^Se Markets are hereby authorized, when they deem the Lease of the game: necessary, to vacate and determine the any sta . l ease or hiring of any of the Stalls in either of the Public Markets. And whenever the said Com- missioners shall see fit to declare any Stall vacant, and to determine the lease thereof, notice in wri- ting shall be given by one of the Clerks of the Mar- Notice to be kets, to the person hiring" or leasing said Stall, ei- given theLes- ' t & . . 5 ?* . ' , see by the ther personally', or by amxing said notice to the how.^ and said Stall, and thereupon the right or authority of such person or persons, to use or occupy such Stall, shall instantly cease, and if such person or per- sons, after such notice, shall attempt to sell, or of- fer for sale, at said Stal!, anv article or articles whatever, the same shall be liable to be seized and forfeited, by the direction of three of the Commis- Penaity ongjoners aforesaid, and each person so offending, reslst " shall moreover be liable to the penalty of Twenty Dollars for each duy he or they may violate this Ordinance* ance. CITY ORDINANCES 55 3d. And be it further ordained, bit the autho- Mode of enftnv •/ _ . 7 - . «* cmg payment rity aforesaid, That when any person or per^ons^of stall Rent. . hiring' or leasing a Stall in the Market, shall fail to pay the rent due for the occupation thereof, ei- ther of tiie < lerks of the Markets shall he autho- rized, with the consent of a majority of the Com- missioners, to seize upon any article offered for sate at such Stall, and sell the same, the proceeds to be applied to the payment of the rent due. 4th. And be it further ordained, bit the autho- Guard t0 P re - rity aforesaid, That for the preservation of qrder w h 8 n the mar- aud quiet in the Public Markets, a detachment of ket , is "fie" at ■ *\ i i ii i i • -i i i • • i i»« night or &un- the Guard shall be detailed to attend m said Mar-days. kets, under the direction of the Commissioners, or their Clerks, whenever they are open at night, or on Sunday morning. , , frth. And be it further ordained, by the autho-^ Meat > &c « rity aforesaid, That it shall not be lawful for any i u the Market. person to purchase, in any part of the City, any Meat or Provisions, or -other articles, such as is usually sold (or required to be sold) in said Public Markets, with intent to sell the same again in any Market or other place within the City, or to offer for sale, or re sell the same, after 'being purchased, on the same or any other day, under the penalty of a sum not exceeding Twenty Dollars,' or a for- PeQaIt y- feiture of the article or articles, to be adjudged by the Commissioners of the Markets, or any three of them, for each and every such offence, if com- mitted by a white person, or a free person of color ; or if committed by a slave, on pain of forfeiting such article or articles as aforesaid, or of incur- ring such punishment as is stated in the first clause i of an Ordinance, entitled, "an Ordinance to pre- vent forestalling, and for qther purposes," ratified , July, \>2o, unless therefrom released on the terms Mode of adjn- stated in the said clause. And every City Officer Ration. is hereby required, when he has sufficient cause to believe that any of the articles aforesaid are of- fered for sale, contrary to this Ordinance, after having been purchased within the City, to seize such articles, and to take the same before one of 56 CITY ORDINANCES. the Wardens, of the City, or any three Commis- sioners of the Market, who shall declare the same forfeited, unless the person offering the same for sale shall show sufficient cause to the contrary, or shall pay the aforesaid penalty. Ratified in the City Council, this nineteenth day of October, in the year of our Lord one- thousand eight hundred and thirty-five, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intcndant. No. 16. Ratified, 19th October, 1835. AN ORDINANCE to. alter and re-model the Board of Health. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, Commission- That from and after the 3d Monday in October, howchose^. ' or on the fivst meeting of Council thereafter, in every year, twenty Commissioners of Health shall be chosen by ballot, by the City Council, so that five of thetn be chosen from Ward, No. 1, four from Ward No. 2, five of them from Ward No. 3, and six of them from Ward No. 4*; and every per- son, who, being elected, shall refuse to serve, shall Penalty for not f or f e Jt an( ] pa y tlie-Slllll of fifty dollars, for SUCll re- serving' -ill i 11 i fusal, provided that no person shall be obliged to serve more than one year in five. Ez-officiomem And, whereas, The duties of the Ex-Oflicio Medical °Advi- Members of the Board are not defined by the Or- sers. dinance creating them, be it ordained by the au- thority aforesaid, that from and niter the passing of this Ordinance, they be and act as Medical Ad- visers of the Board, whenever duly notified by the Board, that their services in that capacity are CITY ORDINANCES. 57 needed, and may, at their option, at any time take their seat at the Meetings of the Board. 3d. And be it furlSer oidained, by the autho-^^s riti/ aforesaid, That all Ordinances and parts ot Ordinances, repugnant hereto, be, and the same are hereby repealed. Ratified in City Council, this nineteenth day of October, in the year of our Lord one thousand eight hundred and thirty- five, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. No. 17. AN ORDINANCE, to regulate the erection of Steam Mills within Ratified, 24th the City. Nov - 1835 - Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is liereby ordained by the authority of tlie same, That from and after the passing of this Ordinance, steam Mills no Steam Saw Mill, Steam Grist Mill, or Mitt or^^^f Machinery of any other description, impelled or brick and stone moved by Steam, shall be built or erected within tiLV&c W1 the limits of the City, unless the building or build- ings in which such Mill or Machinery may be erect- ed, shall be constructed of brick or stone, and paved or floored in the basement story, with like mate- rials, covered with Tile, Slate, or Metal, and the si- tuation attended with such security to the adjacent buildings as may be approved of by a vote of the Board of Fire Masters. And any person or per- sons, who shall erect and build a Steam Mill, or Steam Machinery, within the limits of the City, contrary to the provisions herein contained, shall 8 58 CITY ORDINANCES. Penalty for f or f e }t tne sum f Q ne Thousand Dollars, and any erecting others , , ;, ' . J person or persons, who shall use, or work any Steam Mill, or Machinery, within the City, built or erected, contrary to the provisions of this Ordi- nance, shall forfeit the sum of Twenty Dollars, for . each day such Steam Mill or Machinery shall be Proviso. so used and worked. Provided, That nothing herein contained shall extend to any Steam Mill or Machinery, the building of which may have been commenced before the passage of this Ordi- nance. Penalty— how 2d. And be it further ordained, by the autho- ed- rity aforesaid, That all fines and forfeitures, in- curred by the violation of this Ordinance, shall be sued for and recovered in the City Court, or any other Court having competent jurisdiction, one- half thereof for the use of the person who shall prosecute the offender, to conviction, and the re- maining moietjr for the use of the City. Ratified in City Council, this twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty- five, and in the sixtieth year of American Independence. THOMAS MIDDLETON, Intendant, pro.tem. No. 18. Ratified, 2d of AN ORDINANCE concerning Surveys made by the Port Wardens. January, 1836. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the autlwrity of the same, That before any survey shall be made by the Port Wardens on any vessel, or on her masts, sails, rigging, or other appurtenances, on which vessel CITY ORDINANCES. 59 ■ • either of the Insurance Companies established in Noti f e ° f Sur - ' VGV TO D6 £T \'6H Charleston may be concerned, or where the owner to insura.ee or consignee of such vessel may be a resident of?"^ 1 "^ & •—> j on Hers or con- the city of Charleston, a written notice of the siguees. time and place where the survey is to be held, shall be served by the master of such vessel, or his agent, upon such Insurance Company, or owner, or consignee, by leaving the same at the office of such Insurance Company, or counting-house or residence of such owner or consignee : a copy of which notice, with a certificate of the service there- of, shall be noted in the Record of Surveys, and filed with the chairman of the Board of Port War- dens. ^d. And he it further ordained, by the authority te ^^{ dama" aforesaid, That it shall be the duty of the Port s es t0 be set Wardens, in their surveys, to set forth the cause, nature, and extent of damage sustained ; and dis- tinguish, as far as possible, between those dama- ges which are chargeable to the owner, and those for which the insurers are liable, in case there has been an insurance effected on the vessel on which the survey may be held. Ratified in City Council, this second day of January, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant, lift 60 CITY ORDINANCES. No. 19. M^fh "1836 1 AN 0RDINANCE t0 raise supplies for the City of Charleston, for the v ^ > ^ w/ year 1836. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, audit is hereby ordained bit the authority of the same, Real Estate— r.,, ,, u v ,, u • ,. u J* , lands taxed 40 A hat the following; species of property owned or cents on every possessed within the limits of the City of Charles- ton, shall be subject to taxation in tie manner, at the rate, and conformably to the provisions herein- after specified, regard bein«; had to the real value of the same, viz : Every house, building, wharf, lot^or other landed estate, including all houses and improvements erected or owned by indivi- Vaiuetobeas-duals on lots leased from the City, or from any scssed by City re fjaious or charitable institution, shall be, and Assessor p .. en is hereby made liable to a tax or forty cents- (40) on every hundred dollars, of the value or estimate thereof, to be assessed by the City In- Gross amount quirer an<^ Assessor. That on the gross amount ?f^\ e °u)i°^ s of sales of all 2'oods, wares and merchandize sold oneveryiioo. within the limits of the City of Charleston, by any person or persons whomsoever, and whether for cash or credit, for or on their own account, or on account of others, between the 1st day of April, 1835, and the 1st day of April next, inclusive, en- suing the date of this Ordinance, there shall be paid by the person so selling, twelve and a half cents, (12 !-2 cents) on every hundred dollars of the amount of such sales respectively : Provided, that this clause shall not extend to rice and cot- to°rice andcot-t° n S( >hl by wholesale by any factor, or to goods, ton sold by fac- wares and merchandize sold at public auction. — tors, or roods ,.,. ... .. ' . . sold at auction. 1 hat every person selling or disposing ot goods, wares and merchandize, shall, between the 1st and Returns to be 21st (lavs of April, next, ensuing the date of this April i and2i. Ordinance, deliver a true anu just return of the amount of sales made by him, her, or them, within the period aforesaid, to the City Inquirer and As- CITY ORDINANCES. 61 « sessor, at his office, and then and there, shall take £°™ m ° a f de oath the following oath : I, A. B. do solemnly swear, (or affirm, as the case may be,) that the return which I iioav give in, contains a just and true ac- count and correct representation of the gross amount of sales of all goods, wares and merchan- dize, sold by me, between the first day of April, 1835, and the first day of April, 1S36, inclusive, subject to taxation by the preceding clause,foror on mj own account, or for or on account of any other person or persons whomsoever. So help me God ! 2d. Jlnd be it further ordained, by the au- G / oss , amount thority aforesaid, That the amount of all sales by vendue mas- ofooods, wares and merchandize, made by Ven- ters ' taxed 12 £ n ... ' . , . . , J . cents on every due Masters at private sale, whether on their own $100. account or on account of others, is hereby declared liable to the aforesaid tax of twelve and a half cents, (12 1-2 cents) on every hundred dollars of the amount of such sales, respectively, as levied by the. first clause of this Ordinance, and shall be "inclu- ded in the return required to be made as aforesaid to the City Inquirer and Assessor. 3d. An ft be it further ordained, by the authori- ty aforesaid, That if any person or persons selling or disposing of goods, wares and merchandize, within the City as aforesaid, and who is required by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such return, at the time and in the manner herein pre^ scribed ; or, if any person or persons shall, in any return to be made as aforesaid, omit the amount w^^jSj of any sales made by him or them as aforesaid ; oror°a false one, shall by a false return prevent a full taxation, to g 3 ^ JJjo'JJ which such sale or sales, if duly and fairly returned the 'value of 1 j 1 1 1 • 1 1 1 their stock in would have been liable, every such person or per- trade, to be ar- sons shall be liable to a tax of one hundred cents s . essed b y the on every hundred dollars of the value of his stock in trade, held or possessed by him, her, or them, between the first day of April, 1835, and the first day of April, 1836, inclusive, to be assessed by the City Inquirer and Assessor. 62 CITY ORDINANCES. income from ^11 profit or income arising from the pursuit of any occupation . ■ . /•■ • • . taxed 374 cts. any faculty, profession, or occupation, trade or em- ?" f very $100 i ployment, (excepting those hereafter excepted.) to be assessed I J / V in - I v by the Assess- whether in the profession of the law, the profits to or * be derived from cost of suits, counsel fees, or other sources of professional income, and on. the amount of commissions received by .vendue mas- ters, or other persons vending 1 goods, wares and merchandize, or 'real and personal property on commission, shall be liable to a tax of thirty-seven and a half cents on every hundred dollars, to be assessed as aforesaid. Tax on Slaves. Every slave, with in the city, shall be subject to a tax of one hundred and fifty cents. Every slave working out or employed in the Ci- ty of Charleston, whose owner resides without the limits of the said City, shall be subject to a tax of three dollars. 4 wheel Cam- Every coach, or other carriage having four two^^eTta 1 ?-^ 16 ^^' aij d drawn by two horses or more, (ex- ed $ 20— same cept as hereinafter provided,) shall be liable to a horse n $io. ° ne tax °f twenty dollars. Every coach or carriage having four wheels, and drawn only by one horse, shall be liable to a tax of ten dollars : Provided, that where more than one four wheel coach or car- riage may be owned by any person who may pos- sess not more than a pair of horses, such person shall not be liable to a greater tax than twenty Two wheel dollars, for such coaches or carriages. Every chaise*, c. two wheel chaise, chair, sulky, or other carriage, shall be liable to a tax of five dollars. Horses not Every horse not used for military pn rposes by the rrp d m pTe!ex- owner ' an ^ every mule shall be liable to a tax of five cept such as dollars,except such as are used in licensed carts and densecf carts" drays, i. e. two horses or mules for each licensed and drays, $5. double cart, and one horse or mule for every other licensed cart or dray. Provided, however, That nothing herein con- . tained shall be so construed as to subject to taxa- Salaries and m- . . /» , ■ r , come exempt tion the profit or income 01 any mechanic arising from taxation. f rom the particular trade be pursues ; nor the sala- ries of the Judges and other public officers, ex- CITY ORDINANCES. 63 empted from taxation or not taxed by the Legis- lature of the State, nor salaries of the Clergy, or other teachers of religion ; or the profit or income of Schoolmasters, or other Teachers employed in the education of youth, arising from such employ- ment ; nor the salary of any minor ; nor that of any other person or persons whose salary is less than eight hundred dollars ; neither shall the tax hereby imposed upon carriages, apply to such carts, drays, or hackney carriages, as ply, or are employed for hire, by virtue of license obtained from the City Treasurer. And, provided, also, That no tax shall be imposed, on any land, buildings, or funds be- longing to religious, charitable, or literary socie- ties : Provided, however, nevertheless, That no ex- emption herein contained, shall be construed to ex- j tend to the buddings owned or erected by private individuals on lands leased of the aforesaid reli- gious, charitable, or literary societies. •4th. And be it further ordained, by the authori- Taxes on pro* ty aforesaid, That the taxes on landed or personal j^iLt^wned estate, herein before particularly described, shall ou thelst Jan- be payable by the persons who, on the 1st of Jan- "gowned any uary in the present year, were the respective own- tmiedluin ^ the J l f. i /» i i present year. ers or representatives thereof ; but that every horse shall be liable to a tax herein before ex- pressed, that shall be owned or kept in the City at any time during the present year, after the pass- Every carriage in«; of this Ordinance ; and that every coach, or ^• use d i nth© other carriage used in the city lor three months, to be liable to except in the cases herein before provided, shall JJj^JJi ^JS be liable to the tax imposed upon such objects in to , a treble tax, the first clause ; and if not returned by the owner, or any person usino the same, shall be liable to a treble tax, one-half of the extra tax to go to the informer. 5th. And be it further ordained, by the author- ity aforesaid, That it shall not be lawful for any transient person, master, or other person, attached to any vessel not "belonging to the port of Charles- ton, to vend on board any vessel, or on the wharves any goods, wares, or merchandize, (excepting pro- * 64 CITY ORDINANCES. SS ,- 3LC vi8ioil8 »? ,ld ot ^ er Produce of this State, fruit, fish, to vessels uot and articles for public market,) either on their ponorchar£ ovvn account, or as agent or consignee, until he or ton, uot aUow-they shall have obtained from the Citv Treasurer ed to sell on 1 • 1 1 i i i ■ board, goods, a license to sell such goods, wares and merchan- excepting the dize, as aforesaid, for which license thev shall res- pro Juce of this , i »i- rn i State, and pro- pectively pay to the City Ireasurer the sum of one visions for the biindfed dollar&tbe said license to continue in force public market e ' . . without license for one year ; and it any transient person, master, t^of iaST 81 or an I otaer person, attached to any vessel not be- longing to the port of Charleston, shall sell on board any vessel, or on any ot the wharves, any goods, wares, or merchandize, not excepted as a- foresaid, without a license, contrary to this Ordi- nance, he or they shall forfeit and pay, for each and every such otFence, the sum of two hundred dollars, to be recovered by suit in the City Court, in the name of the City Council of Charleston, one half thereof for the use of the person who shall prosecute the offender to conviction, and the re- mainder for the use of the City. City Assessor 6th. And be it further ordained, by tlie autliority tem™T*ry'res- a f oresa id, That it shall be the duty of the City idems earning I n q lurer an d Assessor, to form an alphabetical on any trade or ,.',,,. ., ." --T. . profession, as- list of all temporary residents in the City, viz. of sess their stock a jj persons carrvinsr on anv facultv, profession or in trade and in- r . X i • ■ • come, and re- occupation, trade or employment, either on their StheTreSu 6 - own account, or as agents, for the space of ten rer. days, and not more than eight months, and assess such persons respectively, the amoint of their stock in trade, and profit and income, and hand over said list and assessment to the Treasurer, who duty? 11 ** S shall immediately give notice to the parties that he is ready to receive the tax on said stock in trade, and profit, and income, and the person so assessed shall respectively pay a tax of one hundred cents Executions to G n every hundred dollars of the amount so assessed gains" ail who for stock in trade and profit, and income upon them do not pay in respectively. And against all such as do not come forward and pay the same, within ten days there- after, execution shall be forthwith issued : Provi- ded, That nothing herein contained, shall apply to CITY ORDINANCES. 65 such persons as may give security to the City JJ^*J ^2j Treasurer to make their returns and pay the tax security, upon sales conformably to the provisions of the 1st clause. 7th. And be it further ordained, by the autho- rity aforesaid, That every lot, subdivided lot, or ^J^r a* wSi piece of ground within the City, enclosed and oc-™ - cistern ofthe cupied, and which has not a good and sufficient gtfion!? with a well, or cistern capable of containing at least {""jyvjj b 1 three hundred gallons of water, and built of brick this whether or stone, with a pump to the same, lit for use, ' helotbeliable t i ii i -i« ii r r in - t0 assessment shall be liable to a tax or torty dollars tor every or not. such lot, or piece of ground ; whether the same be subject to assessment or not." 8th. And be it further ordained, by the autho- rity aforesaid, That all such taxable property with- f d r T2e°c^ in the City as may belong to any person residing by residents without the United States, shall be liable to a dou- s ut liable to a ble tax; but this clause shall not be construed to doubletax - extend to the property of any person or persons sent or gone abroad in the employment of this State, or of the United States, until one year after the expiration of his or their mission. 9th. Jlnd be, it further ordained, by the autho- rity aforesaid, That everv person who shall here- T after act as agent for any individual, or associa- ge ms to make tion of indviduals, not incorporated by the laws i '!. mr 1 u on oat ^ of this State, (although the same may be incorpo-ams received rated by the laws of any other State,) for the pur- tejfljjjjf pose of effecting insurances or contract of insu- six per cent, on ranee within this City, against loss of any kind, such^^Jemt shall on the 30th day of June next, and on the " >Jls > l,ua >r a 31st day of December next, render to the City doUaW. Treasurer under oath, a just and true account of all premiums received by him, or any other per- son for him, or agreed to be paid for any such in- surances effected by him during the present year, and shall pay to the City Treasurer, six per cent, on the amount of all such premiums ; and every such agent who shall neglect to make such return, and pay as above required such six per cent, up- on the premiums paid or agreed to be paid, on the r. 66 CITY ORDINANCES. day aforesaid, shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered in any court having cognizance thereof. 10th. Jlnd be it further ordained, by the autho- rity aforesaid, That any person owning or pos- Aii returns to se ssing any property liable to the payment of a city 2ist April, un- tax, as aforesaid, as well on his own account or as deroath. executor, administrator, guardian, trustee, attor- ney, agent or otherwise, having the charge or man- agement of any taxable property within the city, or of any person deceased, absent or under age, or otherwise, shall, on or before the 21st day of April in the present year, deliver a true and just return of all such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City In- quirefc and Assessor, at his office, and then and !''':(: there take the following oath : "I, A. B. do so- Form of oath. , , //*•-•'" 1 i \ i lernnly swear, (or affirm as the case may be,) that the return which I now give in, contains a just and true account and correct representation of all the real and personal estate subject to taxation, which on the first day of January, in the present year, was or were in my possession, for or on my account, or on account of any other person or persons, whomsoever, either as executor, administrator, guardian, trustee, attorney, agent or otherwise ; and that no more of the said property than is represented, is in any wise belonging to any person or persons resident in a foreign country. So help me God*" And every person taking such oath, shall subscribe the same on each return by him or her delivered to the City Inquirer and As- No return to be sessor. And no return shall be received from any Srpr b opertyof one ' °f tne property of another person, except as another; unit s S aforesaid, in the character of executor, administra- asiegai agent. tQ1 .^ g Uar( jj ai)> trustee, attorney, or agent, unless the same be sworn to by such person before the City Assessor and Inquirer, or a Magistrate duly qualified to administer such oath 1 jth. And be it further ordained, by the autho- rity ajonaaid, That each and every Vendue CITY ORDINANCES. 67 Master, shall, in addition to the oath prescribed, Actional , . .. . i i /» 11 • i oath of vendue by the preceding section, take the following oath : masters. "I, A. B. do solemnly swear (or affirm, as the case may be,) that the return which I now give in, con- tains a just and true account of all commissions received by me, (or the concern of which I am a co-partner,) on goods, wares and merchandize, sold by me (or my house,) at private sale. So help me God." 12th. And be it further ordained, by the authoF ersons , A who . J tut ii /» have sold pro- nty aforesaid, That it shall be the duty of every perty since 1st taxable inhabitant of this city, who shall, since J™ a 7nftrma- the first day of January in the past year, have sold tiontliereof m any lands or negroes liable to the city tax, to 1 eirreturn ' give information at the time of making his next return of such sale, and the time thereof, and the name of the person to whom sold, to the City As- sessor. J 3th. And be it further ordained, by the «m- Double taxo » .... j? . , rrn . , . . all who make tliority ajoresaid, I hat any person being the own- no return, or a er or having the charge of any taxable property falseone - within the city, as aforesaid, and who is required by this ordinance to make a return thereof, on failure or neglect to make such return at the time, and in the manner herein prescribed, or if any person shall, in any return to be made, as afore- said, omit any house, building, lot or wharf, landed estate, slave or slaves, coach, or other carriage, horse or horses, or any other property liable to a tax as aforesaid, or shall, by a false return, prevent a full assessment, to which such property, if duly and fairly returned, would have been liable, every such person shall, in every such case be doubly taxed. 1 4th. And be it further ordained, by the autho- T ^ es to be rity aforesaid, That all assessments made on ju ne ■ } i n "de- real and personal property, sales, and income, fauit ofwhich rendered taxable under this Ordinance, or any issue, part thereof, shall be paid to the City Treasu- rer, at his office, on or before the first day of June in the present year ; and if any person I 68 CITY ORDINANCES. shall fail or neglect 1o pay his or her assessment, when due as aforesaid, an execution shall forth- with be issued against any goods or chattels to such person belonging, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges, and the over- plus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other person as may have a law- ■ ful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found, be insufficient to defray the . whole amount of the assessment and charges, the Sheriff shall levy upon and sell at public auction, any of the landed property of such person within the limits of the city, on a lease not exceeding five yearfc, for the purpose of discharging what may be due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above direct- ed. And if any person failing or neglecting to pay his or her assessment, should have neither landed property, nor goods and chattels within the city, or if the proceeds of the sales of such as may belong to him or her, should not be adequate to Ca Sa to issue the full payment of what is due by him or her as where the par- a c oresa i d then the City sheriff sl^all take out an fer has no pro- . [ • . . J perty, or theexecution against the body ot such person, and quate. inade " commit the same to the gaol of Charleston dis- trict, there to be detained until full payment be made, or until discharged according to law. -• 15th. And be it further ordained, by the auiho- Country resi rity aforesaid, That every inhabitant of this State, dents allowed • • r.i •,] • further time to owning or possessing any taxable property within make their re-the ejjy^ Du t residing therein at no other time than their taLs. P y between the months of June and November, or re- siding altogether in the country, shall be at liber- ty to make his or her return on or before the 20th day of June in the present year, and to pay his or . her assessment on or before the 20th day of July next ensuing, subject, however, to the regulations ■wr\ CITY ORDINANCES. 69 and penalties herein before prescribed and impo- sed in every other respect, except as to the time of making returns and paying such assessment, and with the foregoing exceptions in point of time, the City Inquirer and Assessor, the City Treasurer and City Sheriff, shall be bound to observe in re- gard to every such person, the same rules and pro- ceedings, respectively, as above prescribed in other cases. 16th. And be it further ordained, by the autho- ^ di £f' SOI J hr r <5 rity aforesaid, That every inhabitant of this State, months in the residing within the City" for three months in the JXbitanf an year, shall be considered and deemed an in habi- thereof. tant thereof, and all such of his or her personal property held, possessed, used, or enjoyed in the City, as may come under the description of taxa- ble property specified in this Ordinance, shall be liable to assessment, and be proceeded with agree- ably to the foregoing provisions of said Ordinance, if brought into and used within the city during such residence, although not within the City on the first day of January preceding. 17th. And be it further ordained, by the autho- Goods sold af- rity aforesaid, That all goods, wares and merchan- te J lst t A P£j dize, sold within the limits of the City of Charles- taxed 15 cents ton, by any person or persons, whomsoever, an d ouever y$ 100 ' whether forcash or credit, from and after the first . day of April next, ensuing the date of this Ordi- nance, shall be liable to a tax of fifteen cents, (15) on every hundred dollars of the gross amount of the sales of such goods, wares and merchandize, to be returned, assessed and collected, in such manner, nnd within such time, as shall be prescri- bed by Ordinance of the City Council. 18th. And be it further ordained, by the autho- Tax on free rity aforesaid, That free negroes and free persons persons of co- of colour, shall be and are hereby made liable to [ociassSon the following taxes — viz. males from the ages of twenty-one to the age of sixty, carrying on any trade or art, or being a mechanic, and residing within the City, or residing without the City, ex- ercise his trade or art therein, each a tax of ten 70 CITY ORDINANCES. dollars ; males from the age of twenty-one to the age of sixty, each a tax of eight dollars ; and from the age of sixteen to the age of twenty-one, a tax of five dollars ; females from the age of eighteen to the age of fifty years, each a tax of five dollars ; and from fourteen to eighteen, a tax of three dol- lars, except such free negroes and free persons of colour, as shall be clearly proved to the Inquirer and Assessor, to be incapable from maims or oth- erwise, of providing his, her, or their livelihood. The foregoing taxes on free negroes, or free per- sons of colour, shall be paid during the month of June in the present year, to the City Treasurer. And if any free negro' or person of colour of the ages aforesaid, shall neglect to pay his, or her tax as aforesaid, an execution shall be issued against the property and person of such free person of co- lor, directed to the City Sheriff, requiring him to seize and sell the property of any such free negro or free person of color, and' deduct so much from the sale; thereof as shall be sufficient to pay the tax due by him or her aforesaid, as also the cost and charges of such seizure and sale ; but if no property can be found belonging to such free ne- gro, or free person of color, then it shall be the duty of the City Sheriff forthwith, by virtue of the Default of pay- s a id execution, to seize and take the body of any meut, execu- , ~ /. /• 1 » tionto issue; if such free negro, or tree person of color, and to no property k r j n g the same before the Guard Committee for linquent may the time being, whose duty it shall be to inquire tithe tS'miu mto tne cause °f neglect, or refusal to pay the for one month, said tax, and the said Committee are hereby autho- ment n bemade- r i se d and empowered, if they, after the said inqui- ry, shall deem fit, to order and direct such free per r son or persons to be confined in the Work House, and placed on the Tread Mill for any time not ex- ceeding one month, unless his or her tax due as aforesaid, with costs and charges, be sooner paid. And every free negro, or free person of colour as aforesaid, shall, on or before the fifteenth day of May in the present year, make a return of his or her name and age, and of the names and ages of CITY ORDINANCES 71 his or her child or children, and of his or her places Ret ] urn l to J> e _,, . . i^t-T • i made b y the of abode and occupation, to the City inquirer andioth May; iu Assessor, who shall enter the same in a register, ^Xiy taxed!* and if any free negro, or free person of color, shall neglect or refuse to make such return, within the time and in the manner before prescribed, or shall give a wrong name or names, with intent to de- ceive the Inquirer and Assessor, he or she shall, in either case be doubly taxed and proceeded against in the same manner as above directed with regard to free negroes or free persons of color, whose tax is not duly paid as aforesaid. Ratified in City Council, this eighth day of March, in the year of our Lord, one thousand eight hundred and thirty-six, and in the sixtieth year of American Independence. EDWARD W NORTH, InUndant. No. 20. AN ORDINANCE to grant an Endowment to the Charleston College, of Ratified, 8th l one or more Professorships. March, 1836. Whereas, it is among the highest duties of the constituted authorities to encourage Learning and to provide for the proper instruction of the rising generation ; and whereas, the Charleston College is an institution that may be rendered highly use- ful to this City, if it can be established on sure foundation, Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it a Profess is hereby ordained by the authority of the same, S^ h „ arle9 * That for the purpose of enabling the Trustees of dowed. ege en " the Charleston College to maintain one or more Professors in said Institution, there be and is here- 72 CITY ordinances'. by granted to said College, the sum of Two Thousand Dollars annually, to be applied by the said Trustees, in such manner as may appear to them best calculated to promote the object of this grant. And it is hereby declared to be the condi- Conditions. tions of said grant, that should the College here- after be discontinued as a seminary of learning, or should the proper officers of the College fail to render to the City Treasurer, when required under any order or resolution of Council, a faithful ac- count of the expenditure of said fund, that the said grant shall cease and determine. And it is de- clared to be a further condition of said grant, that the Intendant Of the City of Charleston, shall, within sixty days from the passage of this Ordi- eiectedaTrus- nance, be elected a Trustee of said College, and ,ee - that application shall be made to the Legislature at their next session, so to amend the charter of the* College, as to render the Intendant or Chief Magistrate of the City for the time being, a Trus- tee, ex-officio, of said College. And it is declar- ed to be a further condition of said grant, that .. ' ,. there shall be educated in said College, without Not exceeding & ' ten boys from charge, any number or students, not exceeding ten £ r S!hCT I charii at any one time, which the City Council may se- tabie in s titu-lect for that purpose, either from the Orphan cated tobeedu 'House, or any of the Charitable Institutions of this City. Ratified in City Council, this eighth day of March, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of the Independence of the United States of America, EDWARD W. NORTH, Intendant. CITY ORDINANCES. 73 No. 21. AN ORDINANCE to improve the present organization of the City Guard, p^gg-i jc^l March,'l836. Be it m ordained by the Intendant and Wardens of the > -^v*"*-' City of Cliarleston, in City Council assembled, and it is hereby ordained by the autlwrity of the same, That from and after the 31st day of March ensu- ing, the City Guard shall consist of one Captain, consist '©? t0 three Lieutenants, two Orderly Sergeants, one for whom - the Main Guard, one for the Picquet Guard, six other Sergeants, eight Corporals, ninety-four Pri- vates, two Drummers and two Fifers. That the pay of the Commissioned Officers shall be as here- tofore. The pay of the Orderly Sergeant of the Main Guard, shall be four hundred and eighty dol- lars, (480) per annum, payable monthly; the pay of the Orderly Sergeant of the Picquet Guard, thirty dollars (30) per month ; the pay of the other Sergeants thirty dollars (30) per month ; *the pay ay " of the Corporals twenty-two dollars (22) per month ; the pay of the Privates shall be twenty dollars (20) per month ; the pay of the Daymen, Drummers and Fifers, as heretofore provided by law. 2d. Be it further ordained, by the authority Repealing aforesaid, That the Orderly Sergeant of the clause - Main Guard, shall not be required to remain on duty in the day, longer than after the Prisoners are disposed of, and that all Ordinances and parts of Ordinances repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this fifteenth day of March, in the year of our Lord one thousand eight hunared and thirty-six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. W 74 CITY ORDINANCES, No. 22. Ratified, 26th AN ORDINANCE to increase the Salary of the Clerk of the City Council. March, 1836. Whereas, the duties of the Clerk of Council have been considerably increased. Be it ordained by the lntendant and Wardens of Charleston, in City Council assembled, and Clerk of Conn- it is hereby ordained by the authority of the same, fXn* Salary ' That from and after the 20th o( March, in the pre- $1,500 per an. i sn 1 r- 1 Vt'i 1 n -i <, -i sent year, the ©alary of the Clerk of the Council shall be, and is hereby made, at the sum of fifteen hundred dollars (1500) per annum, payable quar- terly. Repealing ad'. And be it farther- ordained, by the authority aforesaid, That all Ordinances repugnant hereto, be, and the same are hereby repealed. Ratified in the City Council, this twenty-sixth of March, in the Year • of our Lord, one thousand eight hundred and thirty-six, and in the sixtiethyear of American Independence. EDWARD W. NORTH, lntendant. clause. No. 23. Ratified 3d AN ORDINANCE to increase the Salary of the City Inquirer and Assessor. May, 1836. v -*~ v ^ wy Be it ordained by the lntendant and Wardens . of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same* That from and after the 20th day of April, next mE? ijfj, mo ensuing, that the Salary of the City Inquirer and per annum Assessor, shall be one thousand dollars,. (1,000) CITY ORDINANCES. 75 per annum, payable quarterly, and that all Ordi- R e P ealin g nances repugnant hereto, be, and the same are hereby repealed. Ratified in the City Council, this third day of May, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. ■ No. 24. * AN ORDINANCE, further to amend the Ordinance, appointing a Board of Ratified, 3d Fire Masters, and for other purposes. uue ' " ' Bey it ordained by the Intendant and Wardens of Charleston, in City Council assembled, audit is hereby ordained by the authority of the same, Princi al En _ That the Salary of the Principal Engineer be, and gineers salary is hereby established at the annual sum of four mcreased - hundred dollars, (400) the same to be computed from the 20th November last, payable quarterly. 2d. And be it further ordained, by the au- Tw0 Assistant thority aforesaid, That the Board of Fire Mas- Engineers to ters shall elect two assistant Engineers, whose duty it shall be to aid and assist the Principal En- gineer in all matters and things relating to his de- partment, whenever called Upon SO tO do; they Their duties. shall use their utmost endeavors to facilitate the transportation of the ammunition and apparatus belonging to the Department, to all fires that may occur within the bounds of the City. They shall aid and assist the Principal Engineer, whenever required by him, in fixing the necessary apparatus when orders are given to blow up a house ; and when discharged from duty shall personally see all 76 CITY ORDINANCES. . the ammunition and apparatus safely deposited and secured in the magazine, and in all respects faithfully obey the orders of the Fire Masters in general, and to blow up a house when ordered so to do by two or more Fire Masters, who shall be acting in concert in the management of a fire, in pursuance of the provisions of the 8th section of the Ordinance, to which this is an amendment, ra- tified the 4th day of December, 1827. Their Salary. gj A n rf oe it further ordained, by the autho- rity aforesaid, That the said Assistant Engineers, from the time of their election by the Board of Fire Masters, shall each receive an annual salary of two hundred dollars, (200^) payable quarterly. Salary of Su- 4th. And be it further ordained, by the authori- FngSe" den in-^ aforesaid, That the salary of the Superinten- creased. dent of Engines be, and is hereby established, at the annual sum of three hundred dollars, f-iOOJ payable quarterly, to be computed from the 20th November last. He shall have under his charge the several Fire Engines, Hadraulions, and Hose belonging to the City, and all tools, apparatus, and «. , . implements connected therewith ; he shall keep, His duties. , ■ ij 11 the same in complete order, so as to be always ready for immediate use ; he shall personally ex- amine as soon after a fire as practicable, all the said Engines, Hydraulions and Hose, and all tools, apparatus and implements, connected therewith as aforesaid ; see that the same be well cleansed, oiled or greased ; Provided, That nothing herein contained, shall extend to the Hose attached to any of the Fire Engine Companies, or the City Hose Company. He shall also attend at all fires, and as far as practicable ascertain any defects that might develope themselves in the said Engines and Hydraulions, under the direction of the said Fire Masters, and have the same repaired. Duty of the 5th. And be it further ordained, by the author- gineer^ " «ty aforesaid, That from and after the passing of this Ordinance, it shall be the duty of the Princi- pal Engineer, to attend the Fire Masters upon all examinations of persons charged or suspected of 1 CITY ORDINANCES. 77 setting fire ; and that for the neglect or non-per- formance of any of the duties imposed by this Or- dinance, the Principal Engineer shall be liable to Pena1 ^ for _. .. i II lit- <* non-perform- a fine or twenty dollars, and the Assistants to fines ance. often dollars each ; the said fines to be imposed by the Fire Masters for each and every neglect or non-performance of duty herein imposed. 6th. And be it further ordained, by the authority Penalty for ob- aforesaid, That if any person or persons, shall ob- oS nsfistan™ struct, oppose or hinder the said Principal Engi- JL? X j cu t ion of neer, or both, or either of the Assistants, or any other that may be authorised by one or more Fire Masters, to aid and assist him for the time being, in entering a house to blow it up, or in fixing the necessary apparatus to blow it up, or in blowing it up. shall forfeit and pay for the use of the City, the sum of One Hundred Dollars, to be recovered How to be re- in any Court having competent jurisdiction thereof. covered * 7th. And be it further ordained, by the autho- Repeali rity aforesaid, That all Ordinances and parts of clause. Ordinances repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this third day of June, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. 78 CITY ORDINANCES. No. 25. Ratified, 27th AN ORDINANCE to authorise the issue of two certificates of Five Per June, 1836. Cent, Stock, ou the purchase of Lauds on Market street. Whereas, it has been agreed upon, between the Legatees of Gen. C. C. Pinckney, and Council, that they would receive in payment of the Lands recently sold to Council, on Market street, City Stock, to the amount of Ninety-seven Thousand Two Hundred Dollars. Be it ordained by the Intendant and Wardens of Cluirleston, in City Council assembled, and it is hereby ordained by the authority of the same, Certificate of 5 That a certificate of five per cent, stock, obi iga- per cent, stock tory on the Corporation of Charleston, payable to favo e r iS oTt d he n Miss Maria H. Pinckney, Miss Harriet Pinckney Misses Pinck- an d Mrs. Eliza L. Izard, or their assigns, be issu- FzYrd^fbr rs 'ed, for the sum of Forty-four Thousand Dollars, $44,000. being the residue of stock remaining unsold, au- thorised under the Ordinance, ratified the 1 8th of August, 1835, entitled an Ordinance, authori- zing the Issue of Five Per Cent Stock, obligato- ry on the Corporation of Charleston. The certi- ficates to be duly authenticated by the City Seal, and signature of the Intendant, and to be issued bearing date, 1st January, 1836, in the man- ner and form, and be redeemable by instalments, at the periods specified in the said Ordinance. One other cer- 2d. And be it further ordained, by the authori- eued, e to°samej ty aforesaid, That one other certificate, of Five for $53,200. p er Cent. Stock, obligatory on the Corporation of Charleston, payable to Miss Maria H. Pinckney, Miss Harriet Pinckney and Mrs. Eliza L. Izard, be issued, under the Seal of the City and Signa- CITY ORDINANCES. 79 ture of the Intendant, in the manner and form, and for the amount following, viz. FIVE PER CENT. STOCK, Treasury Office of Charleston, 1st day of January, in the Year of Our Lord, 1636. Be it known, that there is due from the City Council of Charleston, unto Miss Maria H. Pinck- ney, Miss Harriet Pinckney and Mrs. Eliza L. Izard, or their assigns, the sum of Fifty-three Thousand Two Hundred Dollars, bearing inter- est, at the rate of five per cent, per annum, from the first day of January, in the year of our Lord eighteen hundred and thirty-six, payable quarter- ly, being Stock, created in pursuance of an Or- dinance of the City Council of Charleston, passed the twenty-seventh of June, in the year eighteen hundred and thirty-six, entitled an Ordinance to authorize the issue of two certificates of five per cent. Stock, on the purchase of Lands in Market street, the principal of which stock is redeemable, one-fourth in the year eighteen hundred and fifty, one-fourth in eighteen hundred and fifty-two, one- fourth in eighteen hundred and fifty-four, and one- fourth in eighteen hundred and fifty-six, which debt is recorded in and transferable only, at the office of the City Treasurer, by appearance in per- son, or by attorney, according to the rule and form instituted for that purpose. 3d. And be it further ordained, by the authority Sinking Fund, aforesaid, That the principal money of all Bonds how raised# and Mortgages, derived by Council, from the sale of Lands purchased by the Stock issued under this Ordinance, shall be appropriated to a Sinking Fund for the redemption of the said Stock". 4th. And be it further ordained, by the authority Repealing aforesaid, That all Ordinances and parts of Ordi- clause - nances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this twenty-seventh day of June, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. 80 CITY ORDINANCES. No. 26. Ratified, 28th AN ORDINANCE to diminish the Salary of the Recorder and for other June, 1836. purposes. Be it ordained by the lntenddnt and Wardens of Charleston, in City Council assembled, and it is hereby ordained, by the authority of the same, That from and after the passing of this Ordinance, ^ t ° e r d dertobe Council shall proceed to the election by ballot, of a Recorder, who shall perform all the duties as- signed to that office, under the City Ordinances and Acts of Assembly now in force, and who shall Not allowed to not be permitted to practice or plead in any of practice. ^ e Q ()urts f L aw or Equity in this {State. And the Recorder to be elected, shall be commissioned by the Intendant during good behaviour, and shall receive as a lull compensation for his services, an Salary. Annual Salary of Two Thousand Five Hundred Dollars, payable quarterly, out of the City Trea- sury. 2d And be it further ordained, by the authority clause." 1 aforesaid, That all Ordinances, and parts of Ordi- nances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this twenty-eighth day of June, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. CITY ORDINANCES. 81 .»» ■ No. 27. No Burial AN ORDINANCE to prevent the establishment of any new Burial Ratified, 2d Grounds within the limits of the City. _ ' Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and after the passage of this Ordi- GroundTin the nance, it shall not be lawful for any person Or per- Jjjjjjjj be te . sons, or bodies politic and corporate, to establish bushed. or use within the limits of the City, any place or places for the burial of the dead, except such as are already established and used for those pur- poses : And if any person or persons, or body po- litic or corporate, shall presume to establish any such place or places for the purposes aforesaid, such person or persons, bodies politic or corpo- ? enalt Y' rate, shall, for each and every such offence, forfeit and pay to the use of the City, the sum of Five Thousand Dollars, and also forfeit and pay daily, and every day that such place or places are, or maybe kept and used for such purposes, the sum of One Thousand Dollars, to be recovered in any Court having jurisdiction thereof. 2d. And be it further ordained, by the autho- Penalty on bu- rity aforesaid, That from and after the passage JJJJjf ^ ac ™ y of this Ordinance, if any person or persons shall than the buri- presume to bury any dead in any other Burial no^hTuse. Ground or place within the limits of the City, ex- cept in such as are already set apart and devoted to such purposes, such person or persons shall for- feit and pay for each and every such offence, the sum of One Thousand Dollars, to be recovered in How |? be re * r» •• . . . ,. V . . ..covered. any Court having jurisdiction, one moiety or which penalty shall go to the informer. Ratified in City Council, this second day of July, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixtieth year of American Independence* EDWARD W. NORTH, Intendant. .«* 11 82 CITY ORDINANCES, No. 28. Ratified, 2d AN ORDINANCE to prevent Fish deposited in Ice Houses from being '' sold in the Market or streets. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it ■ ■. j . , is hereby ordained by the authority of the same, v isn deposited in ice Houses That no person or persons, shall sell, or offer for L°the Cny S ° ld sa ^ e ' m an y °^ * ne P UDnc markets, or in any of the streets of the City, any Fish which has been depo- sited or placed in any of the Ice Houses within the City, during any part either of the day or night Tensity:, time, under the penalty of twenty dollars, if the of- fender be a white person, to be recovered in any Court having competent jurisdiction ; one-half for the use of the informer, and the other half for the use of the City ; and if the offender be a free per- son of colour or slave, on pain of being put for two hours in the stocks in Market street, and re- ceiving not less than ten, nor more than twenty stripes on the bare back, to be adjudged by any two Commissioners of the Markets, and inflicted by the Clerk thereof, unless such free person of colour, or the owner of such slave, shall; before the execution of such punishment, tender and pay to the Clerk of the Market, such sum, not exceeding twenty dollars, as may be adjudged by the Com- missioners of the Markets, or any two of them, in which case such free person of colour or slave shall be released from such corporal punishment. 2d. And be it further ordained, by the autho- ©rs^utho^zed rity aforesaid, That the Commissioners of the to seize such Markets, or any two of them, are hereby author- ized and required, on receiving information, or upon their own view of any Fish being offered for for sale in any of the public markets, or in any of the streets of the City, after having been deposit- ed or placed, during any part of the day or night time, in any of the Ice Houses within the City, to examine the same, and according to their discre- CITY ORDINANCES. £3 tion to cause the same to be seized and destroyed by any of the Clerks of the Markets ; and if any person shall oppose, obstruct, molest, or abuse any Pe ^y/°r°p s-i • • n i -mir l fil l posing the Commissioner of the Markets, or any Clerk there- Commission- of, in the execution of his duty under this Ordi- ers * nance, every such person, if a white person, shall forfeit and pay the sum, not exceeding fifty dollars, to be recovered in any Court having competent ju- risdiction, one-half for the use of the person who shall prosecute the offender to conviction, and the other half for the use of the City ; but if the offend- er be a free person of colour, or slave, he or she shall be put on three successive days on the stocks in Market street, by order of any two Commission- ers of the Markets, and remain thereon for such time as may be so ordered, and shall not be per- mitted to sell any article whatever in any of the Markets within the City, before the expiration of twelve months from the day on which such offence was committed. 3d. And be it further ordained, by the aw- Repealing thority aforesaid, That all Ordinances and parts of clause * Ordinances, repugnant hereto, be, and the same are hereby repealed. Ratified in City Council, this second day of July, in the year of our Lord jone thousand eight hundred and thirty-six, and in the sixtieth year of American Independence. EDWARD W. NORTH, Intendant. I 84 CITY ORDINANCES, No. 29. Ratified, 26th ^N ORDINANCE, to establish the Streets through Lands near Market July, 1836. v ^ r< ^_. street, and for other purposes. i Whereas, by an Act of the Legislature, passed the nineteenth day of December, Anno Domini, preamble. one thousand eight hundred and thirty~five, the City Council of Charleston are authorised to shut up, close and discontinue any of the Streets, Lanes and Alleys within the square bounded by Pinckney street, Anson street, Market street and Meeting street, and to open, lay out, and establish new streets within those limits. Maiden* Lane, Be it ordained by the lntendant and Wardens F^hS^ / Charleston, in City Council assembled, and discontinued as it is hereby ordained by the authority of the same, public high- »jhat the street heretofore known as Guignard street, and the Lanes and Alleys heretofore known as Maiden Lane, so far as the same extends from Pincsney to Market streets, Good Bye Alley and French Alley, be shut up, closed and discontinued as public highways. Pi 5 C n n d y st * ^" ^ n ^ ** f ur ^ er ordained, by the author rity aforesaid, That Pinckney street, from Meet- ing to Anson street, be extended to forty feet, the extension to be made on the south side. That the north side of Market street from Meeting to wSSd. 8 ^ 661 -^ 118011 str cet, be extended in width twenty feet, so as to form a street fifty feet wide, from the north side of the Market. That Anson street, on the west side, between Pinckney and Market street, be widened twenty feet, so as to render that part of Anson street fifty feet in width. 3d. And be it further ordained, by the autho- Church-st. to rity aforesaid, That Church street, be extended to p1nckney- e s t t0 Pinckney street, and that such extension be fifty feet wide. And a street be established to com- mence at the distance of one hundred and fifty feet CITY ORDINANCES. 85 from the south side of Pinckney street, as widen- e p d earlst - °P en - ed under this Ordinance, and to extend forty-five feet in width from Meeting to Church street, as extended, and that such street be known and call- ed Pearl street. Ratified in City Council, this twenty-sixth day of July, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixty-first year of American Independence. EDWARD W. NORTH, Intendant. ~^>— No. 30. AN ORDINANCE to regulate the sale of Rice by Weight. ^E^lsaS? 1 Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and after the passing of this Ordinance, Rice to be sold it shall not be lawful for any person or persons to byweight sell, retail, or in any other manner dispose of Rice, within the corporate limits of the City, otherwise than by the standard weight and weights recog- nized and declared by the Ordinances of the City. And if any person or persons shall or do, at any time after the passing of this Ordinance, sell, retail, or otherwise dispose of within the corporate limits of the City, Rice in any other manner or way than by weight, and weights of iron or brass, of the deno- TenaitJ . mination and standard capacity recognized and declared in the Ordinance, ratified the twenty-se- cond day of August, Anno Domini, eighteen hun- dred and fourteen, entitled " An Ordinance for the inspection, adjustment and regulation of weights and measures in the City of Charleston," and duly 86 CITY ORDINANCES. stamped or certified for accuracy, in conformity with the said Ordinance, and with the Ordinance supplemental thereto, ratified the fifteenth day of February, Anno Domini, eighteen hundred and fifteen, the person or persons so offending, shall by each and every such offence forfeit and pay to the use of the City, a sum not exceeding twenty dollars, and provided that the penalty and forfeit- ure recovered in one action shall not exceed one hundred dollars. 2d. And be it further ordained, by the autho- Fendty ■• *-i -i ii betore Coun- Omcer shall be tried by the City Council, and be Ci i. subject to be removed, or receive such other sen- tence as may be determined by a majority of Council present at such trial. An J it is hereby declared to be the special duty of the Intendant to cause to be brought before him for examination, 12 90 CITY ORDINANCES. Arrest any one foy lawful warrants to be issuer! for that purpose, engaged in ill- ti ■ i • i . • • ot s orinsunec-all persons charged with attempting to excite m- tion.tobe surrection, and he is required to cause the proper brought before ■ \ r , him for exans measures to be uiken to defeat such designs, and to nation, by ins fonns such offenders to condign punishment And it is hereby further declared to be the especial du- ty of the Intendant, to take all proper measures for the suppression of Riots and Insurrections and the preservation of public order, for which pur- pose he is hereby authorized to require all the City Officers, and if necessary to call upon the Citi- zens, to aid and assist him, and he is authorized to use the City Guard, and such portions of the Militia as may, on his requisition be furnished by the proper Officer, in promptly and effectually putting down Insurrection and suppressing Riots, which may be excited in Violation of the peace and good order of the community, and in defiance of the laws. Entitled to a 5th. And he it further ordained, by the autkor- S^SS^M »P*resmd 9 That the Intendant shall be entitled Mustattend to a seat, ex-officio at all the Boards of Commis- ejch, ouce in • . j ■ „i ■ /• V* •! two months, sioners appointed, underline authority 01 Council, but shall not in any case act as Chairman on any one of them, or be compelled to attend to the or- dinary details of the duty of the Boards, but. he is required to attend their meetings from time to time, once at least in every two months, in order that he may accurately and minutely inform himself of the wants, requisitions aijd improvements, and the forms of the several institutions over which these Boards preside, that he shall promptly communi- cate and explain the same to Council. And it To maka ra- g} ia il l> e his duty, from time to time, to make re- reports to Council touching the condition of the public institutions of the City, and to recommend measures for their improvement. May inspect 6th. And be it further ordained, by the ftutkbrir t^oTir'ty aforesaid, That the Intendant shall have pow- City officers, er to inspect such of the books, papers and records ol the Public Officers of the City, and of the Boards under the authority of Council as may in ■ ■■ CITY ORDINANCES. 91 bis opinion be necessary, to enable him to dis- charge ihe duties imposed upon him, and may call upon all Officers of the City, and of the said P u tyoftheof- Boards to furnish him in writing with any informa- tion connected with their respective offices. 7th. And be it further ordained, by the autho- rity aforesaid, That the Intendant shall examine To examine as- the assessments of property, made by the City Sjswmeilts - Assessor, and ascertain whether proper measures n , ■ ... . . . ,. » ■ , . ... Ch-urman ex- are taken lor tne collecton ol taxes : and he snail officio of com- be chairman ex-offieio, of the committe of ac- J^wJjtawS counts and "contracts, and with the Other members contracts. of the committee on accounts, shad examine the books of the City Treasurer within five days after sure^Loks* the commencement of every month,, compare the and Sheritf ' s . , ,. .,, ., , returns of tax receipts and expenditures, wim the proper vouch- executions. ers, and report the result of such examination at the first meeting of Council thereafter. The In- tendant shall also examine the returns of the City Sheriff of all Tax executions which may have been lodged in his office for collection. 8th. Anrf be it further ordained, bif the autho- rity aforesaid, That the Intendant shall have full J? ins P e , ct a11 Oitv work power, and it is made expressly his duty to inspect all the work going on from time to time at the ex- pense o'f the City, whether of paving, building, sinking or cleaning^drains, assessing and widen- ing streets, or of any other nature whatsoever, and report to Council their progress and the economy with which they may be conducted. 9th. And be, it further ordained., by the autho-^o givedircc- rity aforesaid, That the Intendant shall have pow- 8 °j* ° W ]'^\ er to give such directions to the .Marshals and to ( i |,ire the,r !,t - .. , • /y -i • ,. ,, tendance upon all other executive officers in the services ol the tim. City as may be necessary to carry this Ordinance, and all the Police Laws and Regulations of the City fully into effect, and to require them to attend him for that purpose by night as well as by day, whenever the exigencies of the public business may, in his opinion render such attendance neces- sary. 92 CITY ORDINANCES. To have an of- j Oth . And be it further ordained, by the autho- n^e in Conn- . * . J ii cj Chamber, rittf ajoresaul, lnat the Intendant shall open an Office at the Council Chamher for the transaction of public business, which Office shall be kept open during such hours as lie may from time to time prescribe by public advertisement. Salary, $4,000 1 itli. And be it further ordained, bij the autho- rity aforesaid, That for the foregoing services, the Intendant shall receive an annual salary of Four Thousand Dollars, payable quarterly. Ratified in the City Council, this twenty-fifth of August, in the Year of our Lord, one thousand eight hundred and thirty-six, and in the sixty-first year of American Independence. EDWARD W. NORTH, Intendant. No. 32. Ratified 29th AN ORDINANCE to amend the Ordinances relating to the Health of the Aug. 1836. • , City# ° Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and after the passage of this Ordinance, it shall not be lawful for any vault or privy to be Novankor constructed at less than ten feet distant from the priw to be con line of any street, lane or alley, and if any of the tnaiT t3 t'ei] eS feet owners ' tenants or occupants of any lot of land from the street within the limits of the City, shall construct or erect any vault or orivy thereon, at the distance of less than ten feet from the line of any street, lane or alley, such person or persons, so offending, shall CITY ORDINANCES. 93 forfeit and pay to the use of the City, the sum of Penalt 7- One Thousand Dollars, to be recovered in any Court having jurisdiction. 2d And be it further ordained, by the authority „ r • 7 mi ii *-* l- I r s\ i- Repealing aforesaid, liiat all Ordinances, and parts of Ordi- clause. nances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this twenty-ninth day of August, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of American Independence. EDWARD W. NORTH, Intendant. I No. 33. AN ORDINANCE to compel Physicians to report their Cases, during the Ratified, 5th prevalence of an Epidemic within the City. Be it ordained by the Intendant and Wardens of the City of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and after the passing of this Ordi- nance, whenever an Epidemic should prevail in this city, and the Board of Health, shall, by pub- Physicians to lie advertisement, require reports of the several ^eSSS* Physicians, of the cases of snid Epidemic, under whe " required their'treatment, it is hereby made the duty of the f Health. ° ar said Physicians, to report to the Hoard of Health, all the cases under their care or prescription, spe- cifying the number of the cases, and the recover- ies and deaths. And if any Physician, practising within the city, shall neglect or refuse to make such reports, as may be required by the Board of Health, by public advertisement, in the city pa- 94 CITY ORDINANCES. pers. such Physician so neglecting or refusing to make such report, shall forfeit and pay to the use Penalty, $500. f j} le c j(y j f or ea{ .h anc | every such neglect or re- fusal, the sum of Five Hundred Dollars, to be re- covered in the City Court. Ratified in the City Council, this fifth day of September, in the year of our Lord one thousand eijht hundred and thirty-six, and in the sixt-first year of American Independence. EDWARD W. NORTH, Intcndant. No. 34. Ratified 12th AN ORDINANCE to prohibit and regulate the sale of certain articles " ' ". therein specified, and for other purposes. Whereas, it is believed that the numerous cases of the Maligna.it Cholera now prevailing Preamble. in this city, the disease has been excited by the use of food, of shrimps, crabs, unsound fish, un- ripe fruit, and vegetables — for remedy of which evil, during the prevalence of said disease : 3e it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is lureby ordained by the authority of the same, That from and after the passing of this Ordinance, it shall not be lawful to sell, or offer for sale, or bring within the limits of the city, any shrimps, Articles proin- craus or water melons, cabbages, or sweet pota- bited from be- ' ' ' . ° _ . l , ingsoid. toes 01 the new crop, or unripe rnnt, or unsound fish or vegetables : And every white person, or free person of color, who shall sell, or offer for sale, or bring into the city, any shrimps, crabs, cabbages, CITY ORDINANCES. 95 or water melons, or sweet potatoes of the new crop, or unripe fruit, or unsound fish or vegeta- bles, shall forfeit and pay the sum of not less Penalt y' than twenty dollars, nor more than one hundred dollars, and the same be destroyed by the Harbor Master, or any of the Marshals. And every slave who shall be guilty of the same < ffeuce, shall be whipped at the Market, with not less than ten, nor more than twenty stripes on the bare back, as shall be adjudged by any two Commissioners of the Market : Proi'idt d, however, that if the owner, or agent of the owner of such slave, shall, before the infliction of such punishment, pay to tl^e Clerk of the Market, the sum of twenty dollars, said slave shall be exempted from the corporal punish- ment prescribed in this clause. 2d. And. be. it further ordainedjby the authority Fi fJ . t0 ^ e ouT y aforesaid, That no fish of any kind shall be sold* or offered for sale, at any other than the fish mar- ket, adjoining the centre market, nor at any other time, than from sunrise to sunset — nor shall any fish, which may be brought to the city, in any fish- injr boat or canoe for sale, be landed elsewhere than at the dock adjoining the said fish market. And every person offending against the prohibi- tions contained in this clause, shall for every such offence, if a white person, or free person of color, Penalty, incur the penalty specified with regard to white persons and tvr.e persons of colour in the first clause of this Ordinance, and if a slave, the penalty specified in the said clause in relation to slaves, subject to the proviso contained therein. 3d. And be it further ordained, by the authori- Irish potatoes ty aforesaid, That no vegetables* other than Irish ^Ll 80 potatoes, shall be sold elsewhere than at the cen- tre market, and during the market hours, under the penalties imposed respectively on white per- sons, and free persons of colour, and slaves offend- ing against the first clause of this Ordinance. 4th. And be it further ordtined, by the autho- rity aforesaid, That it shall be the duty of the clerk and assistant clerks of the market to exam- 96 CITY ORDINANCES. Duty of the j ne a u jj ie fj sn vegetables and fruit, which shall be Clerks of the , . market, and offered for sale in the fish and vegetable markets, City officers. anf | jj s j la |j ^ e the duty of the City Marshals to examine the fruit and vegetables which may be offered for sale in the streets or shops or on any of the lots of the city. And whenever it shall be found that any such fish, fruits or vegetables are unsound, unripe, or otherwise of unwholesome quality, it shall be the duty of the said Clerk and assistant Clerks of the Market, and of the Mar- shals respectively, to seize and destroy the same. And for every neglect of this duty, each of the said City Officers so neglecting his duty shall forfeit and pay the sum of twenty dollars; and every per- „ . . son resisting or opposing such Officer in the dis- Penalty tor re- ■-''.'■.. sistance. charge of the duties enjoined on him by this Ordi- nance, shall, if a, -white person or free person of color, forfeit and pay the sum of not less than twenty dollars, nor more than one hundred dol- lars, and if a slave, shall suffer the penalties men- tioned with regard to slaves, in the first clause of this Ordinance. Ail fish not BQid 5th. And be it further Ordained, by the au- at sunset, to be j7 ., n . , ,-^J, . . ,. , . 1 * / „ , destroyed. thority aforesaid, That it shall be the duty of the Clerk and assistant Clerks of the market to cause all the fish which may remain at the Market un- sold at sunset of each and every day, to be de- stroyed. . - Bakers premi- 6lh. And be it further ,or cl < fined, by the autho- ined! and X un ' rity a foresaid, That it shall be lawful for the In- sound bread to ten dan t, any of the Wardens of the City, or Ma- ts roye . g.^ r ates of this District, to enter at any time, be- tween sunrise and sunset of any day, into any house, shop, stall, bakerhouee, ware-house, or out- houses of, or belonging to any 4 baker or vender of bread, and there to search for, examine and try all, or any part of the bread which shail be there found, and if any bread shall be discovered to be wanting in the goodness of the materials of which it shall be made, or insufficiently baked, or fraudu- lently mixed, in every such case, the Intendant, or any Warden of this City, or any Magistrate of the CITY ORDINANCES. 97 District shall seize such bread so found to be wanting in goodness, insufficiently baked or frau- dulently mixed, and cause the same to be destroy- ed, and every person guilty of such offence, shall forfeit and pay a sum not less than twenty dollars, nor more than fifty dollars. Ratified in City Council, this twelfth day of September, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, IntendanU No. 35. AN ORDINANCE to provide for keeping the Streets and Lots in the City Ratified, 27th of Charleston clean, and to prescribe the duties of the Superintendent of Streets. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the City Council shall annually, on the first meeting of Council in December, or as soon there- Two superin after as can conveniently be done, elect two Su- S^JJ* 8 ^ be perintendents of Streets- — one of the said Superin- elected. tendents to be appointed for the first Division, or that part of the City lying south of a line drawn from Cooper* River, through the centre of the Market and the north side of Market street, to the Division line * West side of Archdale street, to Beaufain street, south side of Beaufain street, westwardly to Ash- ley River — and the other for the second Division, or that part of the city, lying north of the said line, including the city lands beyond Boundary street. But each of them shall be obliged to officiate in 13 98 CITY ORDINANCES. Salary. and security. any part of the City, not belonging to his Division, whenever thereunto required by the Intendant, or in his absence, by the Intendant pro tempore. And in case of the death, resignation, or removal of either of the said Superintendents of Streets, the City Council shall, after not less than ten day's notice irt the city papers, proceed to elect some person to fill his place for the unexpired residue of Commence- n j s term. And the Superintendents so elected, duties. shall enter upon the duties of their office, on the twentieth day of December, of each and every Term of office. y ear? an( j \ 10 \d their offices for one year, and shall be each of them paid the annual salary of three thousand five hundred dollars, by quarterly pay- ments, and shall each of them, within two weeks To give bond after his election, give bond in the sum of one thousand dollars, with two or more sureties, to be approved by the City Council, for the faithful per- formance of the duties of his office, and failing to give bond as aforesaid, within the time aforesaid, his election shall be deemed void, and the City Council shall forthwith proceed to elect some other person in his place. 2d. And be it further ordained, by the autho- rity aforesaid, That each Superintendent of Streets shall, every day (Sundays and general holidays excepted, unless, in the opinion of the In- tendant, some emergency should demand their services on such days) employ four able bodied men, four strong horses, and four good carts, for the purpose of removing from every street, lane, alley, and open court in his Division, all such dirt, rubbish, filth, or animal or vegetable matter, as may be expos'ed, or be brought out from the lots of the inhabitants, and likewise four able bodied men, provided with wheelbarrows, spades, and other appropriate implements, to be constantly employed in levelling and raking the streets, and of keeping the gutters and grates of the drains in his Division open, and free from sand, filth, and other obstructions, and in any other manner which Their duties. CITY ORDINANCES. . 99 the Intendanl may direct; and every person hir- Penalty for hir- ing, using, or employing any Superintendent s tender's carts, cart, horse, or laborer, shall, for every such offence, &c * forfeit and pay the sum of ten dollars ; and each Superintendent shall moreover, be bound to fur- STrequired nish one additional horse, cart and driver, from the t0 famish an first of June, to the first of November of every & c !fr°om istof year, if deemed necessary by the Intendant or the Jj uie ^° ] st of Commissioners of Streets, without any charge when required therefor; but if it should at any time be required Jy intendant or ' in- i Commission- by the Intendant or by the City Council, that the ers of streets, Superintendents of Streets, or either of them, shall o^cny!™ 6 employ more negroes or servants, horses and carts, or either thereof, they, and each of them, shall be bound to procure and employ such an additional number of negroes, servants, horses and carts, or either of them as may be so required, for the hire of which, the expenses incurred, shall be cer- tified by the Intendant to the City Council, and the same shall be defrayed out of the City funds ; and every cart which may belong to the Superin- Cartstobe tendent's Department, shall be painted red, n um- lettered^ b"ii bered and marked in larsre white characters, on J° be fixed to ilOTUGSS both sides, with the words, "Scavenger's Cart," and shall have a bell fixed to the harness of each horse ; and no Superintendent of Streets shall employ any negro, or other servant, or horse, or No cart, &c. to cart, except such as shall be approved by the In- beem P |o / e<1 i r i ii i i- e .i J i extra, but what tendant, nor shall he employ any of them longer intendant may than during the approbation of the Intendant, and damTo^pect said carts, horses and servants, shall be inspected carts, &c. once by the Intendant at least once in every three JHoSSf * ree months. It shall likewise be the duty of each of the Superintendents of Streets, to wait on'the In- tendant, every Monday morning, as well as at any other time, when it may be necessary, or when supennten- ■ , • T x . , i dents to report summoned by the Intendant, in order to report to every Monday. him the state of, every street, lane, alley and pub- lic court in his Division, and all violations of this Ordinance therein — to report to him all nuisances existing in any street or lot within the City, and to i. 100 CITY ORDINANCES, receive and execute such orders as may be given him by the Intendant. Every occu- 3^ And be it further ordained, by the autho- Kve filth clean- rity aforesaid, That from and after the passing of ed out and ^\s Ordinance, it shall be the duty of every owner placed in the » . . • J J street daily, be- of a lot, who may reside thereon, and of the owner a"m! oclock, of every vacant lot, and of every lot not having a known lessee or tenant residing thereon, and of every lessee, tenant or occupant of every lot, to cause said lot and the stables, cow houses, and out houses thereon, to be carefully swept ; and all the dirt, dung, soot, ashes, carrion, garbage, shreds, oyster shells, or other filth, or rubbish, to be car- ried out every day, (Sundays, and general holidays excepted) between sunrise and nine o'clock in the morning, and placed in boxes, barrels, or in heaps in the street, at the edge of the pavement, opposite their respective lots, but so as not to obstruct the gutter, in a situation from whence the same may be conveniently removed by the Scavengers. And it shall not be lawful for any such owner, occu- pants, lessee, or tenant, to throw, or cause, or suf- fer to be thrown, swept, or carried any dirt, filth, or rubbish whatsoever, out of their respective lots, into any of the streets, at any time of the day, ex- cept between sunrise and nine o'clock in the morn- ing, and not at all on Sundays or general holidays. And if any person shall refuse or neglect to com- ply with either of the above regulations, he or she, if a white person, or free person of color, shall for the first offence, be liable to pay a fine of two dol- Penaity. lars, and for every subsequent offence a fine of five dollars, and shall moreover, be liable to pay all expenses which may be incurred by the City on account of such refusal or neglect. And if a slave, to be liable to be whipped at the Work House, by the order of the Intendant, or any of the Wardens, and shall receive a number of lashes, not exceed- ing twenty — and the Intendant may order such dirt, filth, or rubbish, to be swept up and removed from such lot or street at the expense of such owner, occupant, lessee or tenant. CITY ORDINANCES 101 4th. And be it further ordained, by the autho- rity aforesaid, That it shall be the'duty of every corporate body, or person or persons owning, or ^ 1,c an j uild * having the care, control or management of any church yards, public building, church yard," or burial ground, J° ^manner within the .city; to cause such public building to once in a fort- be cleansed and swept, and the rank and offensive UIg t,&c ' weeds growing on such grounds and yards to be pulled up, collected and placed in heaps in the street, at the edge of the pavement in front of such church-yard, or burial ground, and the filth or .rubbish which may be collected in such public buildings to be placed in like manner in the street, at least once in every fortnight, and as much of- tener as may be required by the Intendant. And also to cause the grass which maybe growing on Weeds &c such burial ground or church yard, to be removed church yards to or cut, and taken away as often as in the opinion when required of the Intendant, the growth thereof, may be so b y intendant. rank or luxuriant as to endanger the health of the City. And for every neglect or refusal to dis- charge the duties enjoined by this section, the per- son, or persons, or body corporate, so offending en y ' shall be fined in a sum not less than ten dollars, nor more than fifty dollars. 5th. And be it further ordained, by the autho- occupants of rity aforesaid, That it shall be the dutv of every lotsto kee P J J i i* , pavements, owner, occupant, lessee, or tenant, of any lot gutters, &c. bounding on a public street, to keep the pave- ^ ^ their ments, gutters, and also the said streets, opposite their respective lots as far as the centre of said street, clean and free from all filth, rubbish, ani- mal and vegetable matter, and shall moreover, on Saturday of every week, and as much oftener as may be prescribed by any Resolution of Council, cause such pavement, gutter and street opposite Further duties their respective lots, and as far as the centre thereof, to be carefully swept and cleaned, and the dirt and rubbish heaped up in the manner above mentioned, to be removed by the Superintendents of Lots as aforesaid, who shall on the same days cause the squares at the intersection of the streets * 102 CITY ORDINANCES. to be in like manner swept, and the dirt removed, and should any such owner, occupant, lessee, or tenant, refuse or neglect to perforin any of the du- ties herein prescribed, he or she, shall be subject to the same penalties as are provided in the first Penalty. section of this Ordinance ; and it is hereby pro- vided, that where there shall be more than one owner, occupant, lessee, or tenant of any lot, they Where oint sna ^ be jointly and severally responsible, for every occupants, violation of the provisions of this Ordinance, and the whoie&ie" sna ^ De eacn °f them liable for the whole amount of the fine imposed thereby for any neglect or vio- < lation of duty — which may be recovered from each of them. intendant, 6th. And be it further ordained, by the au- HeSthJcom- thoriiy aforesaid, That it shall be lawful for the missioners of Intendant or any member of the Board of Com- authori'zed to missioners of Streets and Lamps, or of the Board Public oT 7 of HeaJtll > or either of the City Marshals to enter private, to into any lot or public building for the purpose of ^be 6 cleansed 3 examining the condition thereof, and to cause the same to he swept or otherwise cleansed, and should any damaged grain, putrid matter or other nuisance be found thereon, it shall be the duty of such offi- cer, to summon the Intendant, who with any mem- ber of the Board of Health, or any three members of the Board of Health acting without the Inten- dant, may order such nuisance to be removed in such time as they may think proper to prescribe, and on failure of the owner, occupant, lessee, or tenant or person having the care of such lot or public building as the case may be, to comply with such order it shall be the duty of the Clerk of the Failure of the Board of Health or either of the Marshals to exe-? so^th P e d same to cute the same at the expense of the person or per- be done at his sons so refusing or neglecting to comply with such public! 6 y e order, who shall, moreover, be liable to pay for such neglect or refusal, a fine not less thai! ten nor more than fifty dollars, and if a slave, may be whipped as hereinbefore prescribed: And if any person shall refuse to permit any lot or public building to be examined and cleansed as aforesaid, CITY ORDINANCES. 103 or shall assault, resist, insult, or abuse any public officer who shall be engaged in the execution of any of the duties prescribed by this Ordinance, he or she, if a white person or Free person of color, shall be fined in a sum not less than twenty dol- lars, nor more than one hundred dollars, and shall Penalty. also be liable to be imprisoned for a term not ex- ceeding one month, and shall moreover not be dis- charged from prison until he or she shall enter into a recognizance before the City Recorder to keep the peace and be of good behaviour for one year : And if a slave shall receive by the judgment of the Intendant or any Warden, such corporal punishment as may be directed, not exceeding at any one time, the number of lashes prescribed by law. 7th. And be it further ordained, by the autko-™ h f ° und u "J 4/ * +J tfl.6 Stf66t Sn3.ll rity aforesaid, That if any filth, dirt, rubbish, or be deemed a P - animal or Vegetable matter shall at any time be KSStki found in any street, alley* or lane, contrary to the unless occu- provisions of this Ordinance, it shall be deemed KJJ^USbS and taken to have been, placed there from the lot wise, nearest thereto, and the owner, occupant, lessee or tenant of such lot shall be fined accordingly, unless he or she can make it appear to the satis- faction of the Intendant, that it was placed there by some other person, in which case the person guilty of the offence shall be liable to a fine of not less than twenty dollars nor more than fifty dol- lars, and if a slave shall be whipped, not less than ten nor more than twenty lashes. — Provided, that where the owner, occupant, lessee or tenant of such lot shall deny that such dirt, filth or rubbish was thrown from his or her lot, and shall, on being notified thereof, if a white person, forthwith make how a ers enclosure, ten permit to proceed, such slave or tree person ot hn?toD e C de U - seco ' or ' sna H De liable to the same penalties as are liveredto imposed for being taken up without a ticket, apmlitrof* though such slave or free person of color should from $5 to io. retreat into his or her owners, employers or guar- dians inclosure, before he or she can be arrested ; and on notice being given to such owner or em- ployer, he shall cause such slave to be delivered to the Guard, to be carried to the Guard House, and on failure so to do, shall forfeit not less than five dollars, nor more than ten dollars ; and if a free free a pprs°on of P erson °^ c °l° r > ne or she shall be arrested and color. carried to the Guard House, to be disposed of in the same manner as persons taken up without tickets. 4th. And be it further ordained, by the authority doe«°no? «t? ty aforesaid, That in all cases of violation of any of ceedfso, urposes," excepting the sixth section thereof, concerning Bread. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, awP e(? i a l Appropriation for Contin- gencies," subject to the order of the lntendant, ($500 J five hundred dollars, if so much be neces- sary. Wm. Bimie 14. For the payment of William Birnie and ers ' others, for the lots purchased from them in June last, near the Battery, the sum of f$9,420J nine thousand four hundred and twenty dollars, being the principal and interest of the debt. And the amounts above appropriated shall be applicable only to debts, liabilities or contracts, made or incurred by, or in behalf of the City, and ordered to be paid as hereinafter mentioned 2d. And be it further ordained, by the autho- rity aforesaid, That in the settlement of accounts and claims against the City, the following rules shall hereafter be observed — that is to say, Fixed salaries !• All fixed salaries shall be paid quarterly (or when to be monthly if desired by the officer) on accounts duly pai ' made out and presented to the Treasurer to be ex- amined and certified by him to be correct, and to be countersigned by the lntendant. Accounts to be 2. All accounts against the City founded on submitted to contructs, shall be first examined and certified by A r63.su.rGr Aic. • * the officer or Board with whom such contract was made, and shall then be submitted to the Trea- surer, by whom the same shall be laid before the Committee on accounts, duly certified, to be re- ported by them (alter examination) to Council, by whom the same shall be ordered to be paid ; and for all work done where the amount shall exceed one hundred dollars, there shall be a certificate from the lntendant, that he has examined and CITY ORDINANCES. 117 found the same well and sufficiently done. All other accounts shall in like manner be duly ren- dered, examined, certified and ordered to be paid as aforesaid. 3. No accounts shall in any case be paid at the J u r * asurer ' 8 Treasury, without being certified by the Treasurer, and countersigned bv the Intendant. 4. Separate accounts shall be opened in the. Treasurer's books under each head of appropria- tion, and no transfers shall be made from one head to another, but by order of Council. 5. The City Guard shall only be paid on Fay city Guard to Rolls properly made out and certified by the Offi-^f idon w cer commanding the Guard, then rendered to the City Treasurer, to be examined and certified by fiim, and countersigned by the Intendant. 6. All payments directed by any vote or resolu- Payments di- tion of Council, shall be paid out of the appropri- sotatwmof ation for Contingent Expenses of the City, unless Council. otherwise ordered. . 7. The Intendant shall have power to order any intendant may ,• ., ~ , * . -, . . J order any amount to be paid out 01 the special appropriation amount to be for contingencies, and an account of the payments gJJ^""^* 8 under this head, shall be laid before Council quar- Fund. terly by the Treasurer. 8. No contract shall be made bv any Board of ?««>*&*«* *» ^ . , i / , J . , be made over Commissioners, or any work be ordered to be done $ioo. exceeding one hundred dollars in amount, unless the same shall be previously submitted to Council, for their approbation, with estimates of the cost thereof. 9. Expenses incurred at Fires shall be paid ira- Expenses of i • l t ii • i ii ii Fires to be mediately as directed by existing laws ; and should paid immedi- the appropriation made fop the Fire Department ately< prove insufficient the deficiency shall be supplied out of the appropriations for contingencies. Ratified in City Council, this twenty-third day of November, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Intendant. 118 CITY ORDINANCES. No. 43. Ratified, 29th AN ORDINANCE regulating retailers of Spirituous Liquors, and to pre- vent all unauthorized dealing with Negroes and other persons of color. Be it ordained by the Intendant and Wardens ' of Charleston, in City Council assembled, and it Licenses when 7S hereby ordained by the authority of the same, to be granted. That licenses of the tenor and for the purposes hereinafter mentioned, shall be granted by the City Council twice in every year, that is, in the first week in April, and first week in October, to such person or persons as may apply therefor, and be approved by Council ; and every such license shall be and continue in force for one year, and no longer. Provided, nevertheless, that Council may be authorized to grant licenses to such person or persons as may not have applied at the usual time, who shall, notwithstanding, pay therefor as though they had obtained licenses for a full and entire year, commencing. at either of the periods above stated, which shall immediately precede. 2d. Jlnd be it further ordained, by the authority aforesaid, That every person desirous of obtain- ing a license shall apply in writing to the City Mode of appii- Council at least ten days before the first day of April, or October, (as the case may be) stating the number of the license for which application is made, mentioning the place where he or she in- tends carrying on such license trade, and accom- panying the application with a certificate from two or more respectable inhabitants of the ward in which such applicant resides, recom- mending the applicant as a fit person to be en- trusted with such license, and offering to become Proviso ^* s sure ty : Provided, however, that no one shall sign more than three certificates, and that no such certificate shall be signed by any person possess- ed of, or applying for a license. CITY ORDINANCES. 119 3d. And be it further ordained, by the authori- Uce ? s esto . J -. i • i consist of three ty aforesaid, That the licenses to be issued, asdasses. aforesaid, shall consist Of three classes, that is : — First, for keeping liquor stores ; second, for keep- ing taverns ; third, for keeping retail shops ; but, to no individual shall there be granted more than one license of either of the aforesaid descriptions. 4th. And be it further ordained, by the autho- rity aforesaid, That licenses for keeping liquor J [ 1 be 2 n 3 raber " stores shall be numbered one, (No. 1,) and shall confer a right on the holders thereof to sell wine, malt, and spirituous liquors, in quantities not less than one quart, but on condition of not permitting or suffering the same to be drunk or consumed at the place where ihey are sold. That licenses for retailing taverns shall be numbered two, (No. 2,) and shall confer a right on the holders thereof to entertain and accommodate white persons as boarders, lodgers or visiters, with their families or servants. That licenses for keeping retail shops shall be numbered three, (No. 3,) and shall confer a right on the holders thereof to sell wine, malt, and spirituous liquors, from three gallons to any smaller quantity, with permission to have the same drunk and consumed at the place w'here such li- Proviso— No quor is retailed : Provided, that no liquor shall l ^nkby h am be sold to any negro or person of color to be ne sro,&c. drunk in the shop or place where the same shall™ eres0 be sold. And that every person to whom either of the aforesaid licenses may be granted, shall, previously to his taking the same out of the office, p r ice of license pay therefor to the City Treasurer the sum of sixty dollars ; and any license issuing without such payment shall be null and void. 5th. And be it further ordained, bii the autho- Persons re- .. r . T np./ ■* ceiving license rity ajoresaia, 1 hat every person or persons to to give securi- whom either the licenses aforesaid may be granted, ^ &c * shall, respectively, at the time of paying for and taking out the same, together with the person by whom he or she was recommended as aforesaid, give bond in the sum of one hundred dollars, wherein and whereby they shall jointly and sever- 120 CITY ORDINANCES ally obligate themselves to the City Council of Charleston, that the holder of the license will, in every respect comply with all the laws of the State, respecting taverns, ale and punch-houses, and re- tailers of spirituous liquors, as far as they relate to the city of Charleston, and with all the City Or- dinances now being or to be hereafter of force, relative to the same ; and that they will also be amenable for all fines, with costs, to be by him or them incurred, for any offence against the said laws or ordinances, or any of them. 6th. And be it farther ordained, by the authori- ty aforesaid, That all and every person or per- sons to whom a license for number three, (No. 3,) shall be granted, shall, within three weeks after obtaining the same from the City Treasurer as aforesaid, fix at the outside of, and over the front door of the house where such license trade is car- ried on, and facing the street, a painted board, ex- hibiting in legible characters of not less than two Owners of li- inches, his, her or their name, and the number and puTup.a coii- quality of the license in the manner following, spicuous sign. that i Sj t0 sa y t "Licensed Retail Shop, No. 3." And every person who shall fail to put up such painted board within the time, and in the manner above directed, or shall fail to keep up the same, shall forfeit and pay for every such offence the sum of twenty dollars, and an additional sum of five dollars for every day that such sign shall not be put, and kept up, and (should the City Council so direct) shall also forfeit his license, and in that case shall not be entitled to another license before No transfer of next term, when licenses are granted again ; nor Sewkhoat sna 'l an y one who has obtained a license, have a consent of right to transfer or assign the same to anv other oun ° ' person, except by permission of the City Council ; but in case of death, the license shall devolve on the legal representatives of the deceased, who had obtained it in his life time, as aforesaid. 7th. And be it further ordained, by the aidho- rity aforesaid, That every person obtaining either of the above three licenses, who shall at any time CITY ORDINANCES. 121 transgress the terms or any of the conditions on ^l*^?™ ^. which the same is granted as aforesaid, shall for censes. each and every such offence, forfeit and pay to the use of the City, a sum not exceeding one hundred dollars ; and shall, moreover, forfeit his, her or their license for the unexpired term thereof, on be- ing twice convicted of any such offence. 8th. And be it further ordained, by the autho* rity aforesaid, That if any person or persons shall reiKXSfor at any time presume to keep a tavern, inn, ordina- without a u- ry, punch or ale-house, or retail any wine, brandy, cense * gin, beer, cider, or any spirituous liquor or strong drink whatever, or sell any wines, malt or spiritu- ous liquors, foreign or domestic, either in stores, shops, houses, or on board of any vessel at the wharves, in smaller quantities than the original pipe, hogshead, cask, barrel, box, case or package in which the same was imported in this city, with- out having first obtained a license of one of the three classes, authorizing the keeping of such ta- vern, inn, ordinary, punch or ale-house ; or the re- tailing such liquors, or selling any of the same in such prohibited quantities as aforesaid, from the said City Council, every such person or persons shall forfeit and pay for each and every such of- fence, the sum of two hundred dollars, one-third thereof for the use of the person who shall prose- cute the offender to conviction, and the remainder for the use of the City. And in every such suit or prosecution, proof of the fact of selling or retail- What is con- ing as aforesaid, in and upon the defendant's pre- sidered P roof « mises, shall be taken as sufficient evidence of its having been done by him, or by his consent and direction, and in all cases of selling contrary to any of the provisions of this Ordinance, the act of the clerk or agent of any shop-keeper, shall be considered as the act of the shop keeper himself, and done by his authority, unless the contrary shall clearly appear. 9th. And be it further ordained, by the autho- rity aforesaid, That every person who shall keep a liquor store or tavern, or retail shop, or otherwise 16 122 CITY ORDINANCES. Penalty for se ]| or retail any wine, malt or spirituous liquor, evading retail , 1 *. _*i 1 1 ' laws. at more than one place, or at another place than the one specified in his, her or their license, or af- ter the expiration of time for which such license is of force, or after having forfeited the same as aforesaid, or under a license granted to another person, or who shall, on his painted board, make a representation different from the tenor of his li- cense granted, or who shall not within three weeks after the time of his, her or their license bath expired, and in case of its not being renewed and duly obtained again, or within one week after the forfeiture of such license as aforesaid, take away his, her or their painted board, and remove it out of sight, or shall, with the view of evading this Ordinance, charge any buyer with three gal- lons and upwards, though selling and delivering to such buyer a smaller quantity of wine, malt and spirituous liquors ; that each and every such per- son shall, for each and every such offence, forfeit and pay to the use of the City a sum not exceed- ing one hundred dollars, with costs : Provided, nevertheless, that any person removing from the place specified in such license, may make use of the said license at the place of removal, on condi- tion that such place of removal be previously made known to the City Treasurer, who shall, there- upon, transfer the license to the latter place by a special certificate on the back thereof; and on condition also that he shall perform the several duties enjoined by this Ordinance. License to ex- 10th. And be it further ordained, by the autho- be71nd\T m r % aforesaid, That every license shall express signedbythrae the number to which it refers, as aforesaid, and shall be signed by any three of the Wardens of the City, in the following form, that is : " This is to certify, that A. B. hath given bond to the City Council of Charleston, in the sum of one hundred dollars, with C. D. his surety, for his due compliance with all the laws of the State re- specting taverns, public houses, and retailers of spirituous liquors, as far as they relate to the City Persons re- moving may make use of the same li- cense. City Treasurer to be notified. Wardens. Form of li- cense. CITY ORDINANCES. 123 of Charleston, and with all the City Ordinances now being or hereafter to be of force, relative to the same : Wherefore the said A. B. is authorized to keep a liquor store, or tavern, or retail shop, (as the case may be,) in Division or Ward, No. — ,and in no other phice in the said City of Charleston, from the day of , in the year of our Lord eighteen hundred and , to, and until the day of next ensuing, and no longer. Given under our hands this day of , Anno Do- mini, 18 — . Wardens. 11th. And be it further ordained, by the autho- Penalty for tra- rity aforesaid, That if any person having obtained go'od" 1 &c y ex- either of the licenses aforesaid, shall purchase, «p* u ° d " the . , „. , , City Ordinan- deal, trainc, barter, exchange, or use commerce ces relating for any goods, provisions, grain, or other commo- thsreto - dity whatever, (except under such conditions, re- strictions and limitationsas are particularly direct ed by the City Ordinances relating thereto,) shall, for the first offence, forfeit and pay the sum of fifty dollars, and for the second offence, forfeit his, her or their license, for the unexpired term thereof, and be disqualified for the term of two years from obtaining another. 12th. And be it further ordained, by the autho- Negroes not to rity aforesaid, That no person keeping a retail anyretoSTdiop, shop shall, before the beating of the reveille in the &c « morning, or after the beating of the tattoo at night, admit into his or her premises any negro or other person of color, or in any manner sell or retail to the same or any of them, any liquors whatever ; and any person herein offending shall forfeit and Penalty. pay for each aud every such offence, the sum of fifty dollars, unless such person shall, on demand, produce a ticket from the owner, employer, or guardian, of such negro or person of color, ex- pressly authorizing th« purchase of such articles for the use of his or her owner, employer, or guar- dian. 13th. And be it further ordained, by the au- thority aforesaid, That the Clerk of the City Council shall, every year, from the 22d day of 124 CITY ORDINANCES. Names of ap- March, to the last day of the same month, inclu- guSstobe sive, publish in the City papers the names of all published. tne a ppii can ts for license No. 1, No. 2, or No. 3, and distinguish them in their corresponding class- es ; in which daily publications he shall likewise mention the name of the surety of every applicant, as well as the place where such applicant intend? carrying on such licensed trade, and shall, for such service, be entitled to receive from every applicant the sum of one dollar. Names of per- 14th. And be it further ordained, by the autho- r s S to an w d hom e ' rity aforesaid, That the City Treasurer shall, as licenses have soon a s license, No. 1, 2, and 3, have been granted to 6 ^ published by the City Council, notify the same in the City paper for six days successively, and advertise, during the same period, the names of all persons to whom such licenses are granted, the number of their respective licenses, the places where they are to carry on their licensed trade, and the names of their sureties respectively, and require them to call at his office, and there to take out their license, in city Treasurer con fbrmity to this Ordinance. And whenever the ferstoMar- City Treasurer transfers any license from one quartTriy^e 6 - pl ace to another, by virtue of the provision there- turns of all ii- for in this Ordinance, he shall immediately inform cSt &c. th « Cit y Marshals thereof. And the City Trea- surer shall make quarterly returns to the City Council, of all licenses granted and taken out of his office during the preceding quarter ; and shall deliver a printed copy of this Ordinance to every person to whom he delivers a license as afore- said. Marshals to at- 1 5th. Jlnd be it further ordained, by the autho- ZimentoT' rit y aforesaid, That it shall be the particular duty this Ordinance of the Marshals of the City to attend to the punc- fo r d b?each? Ute tua l an ^ regular enforcement of this Ordinance, and to prosecute, without delay, any and every person who may in any wise offend against the same, or any part thereof. And whenever either Penalty on of said Marshals fails or neglects to prosecute any man for not putting up his painted board, as afore- said, he shall be fined by the Intendant in any sum CITY ORDINANCES. 125 not exceeding twenty dollars, to be deducted out of his salary, and shall, moreover, be liable to be removed from his office by a vote of the City Council. He shall likewise be subject to the aforesaid fine, and to removal from office, for not prosecuting any person or persons immediately, on knowing that such person or persons did of- fend against any part of this Ordinance. He shall likewise be obliged to take away and remove S^reiatin"" every painted board from any place where it had to sign boards. been put up as aforesaid, if the person who had fixed it there, by virtue of his license, suffers it to remain after quitting the place, or after the expi- ration of the term for which such license was of force. And whereas the practice of dealing with slaves and other persons of color, and selling them spirituous liquors, has become an evil of the greatest magnitude, and it is necessary to the well being of the community that these shameful and dangerous practices shall be effectually suppress- ed, which can only be done by putting an end to the various devices and contrivances by which the laws are ever evaded. 16. Be it therefore ordained, That no person or Retailer, No. 3, 1 • 1 • TVT Olllll n0t t0 seU li" persons having a license, IN o. 3, shall sell or re- qU or, except at tail any wine, malt, or spirituous liquors, except ^ stand in the at a stand to be arranged and prepared for that fun view from purpose, in the front room of his, her or their shop, J r e ee 1 t ubhc and in the full view of the front door, and free from any obstruction by blinds, or any arrangement of the windows, doors, boxes, barrels, shop furniture, curtains, or other screen inside or outside of the shop, whereby a full view thereof from the public street may be prevented ; and for every violation of any of the provisions of this section the offend- er or offenders shall forfeit and pay the sum ofPenaity. twenty dollars, and shall be subject to an addi- tional fine often dollars for every day that he, she or they shall neglect or refuse to arrange his, her or their shop in the manner herein directed, or to remove such blind, screen or obstruction when or- 126 CITY ORDINANCES. dered so to do by the Intendant or either of the City Marshals. And it shall not be lawful for the Not to erect in owner or keeper of any such retail shop to erect his shop anv • • ' . , 1 i- j i obstruction to or keep in such shop any bund, screen or obstruc- view. i\ on f t | ie view whatever, behind which any arti- cle might be secretly sold, and for erecting or keep- ing such blind, screen or obstruction, he or she shall be subject to the same penalties as are im- posed in the preceding part of this section ; and Penait forsei snou ^ an ^ wme > ma ^ or spirituous liquors be at ling in secret, any time sold behind such blind, the offender shall in addition to the penalties herein before provided, for putting up or keeping up the same, forfeit and pay the further sum of one hundred dollars. wfan T t0 17 And be it further ordained, That it shall not quor, except at be lawful for the owner or keeper of any such re- derapSarJ ta ^ shop, to keep in any part of said shop any wine, of $20. malt or spiritous liquors in decanters, bottles, jugs, or demijons, so that the same might be retailed therefrom, except at the stand erected as aforesaid for the sale of such articles, under a penalty of twenty dollars, for every such offence. No beer or H- 18. And be it further ordained, That no retailer quor of like f spirituous liquors as aforesaid, shall, in any Cn3.r3.ctcr to be *- *■ . sold at any shop, where wine, malt or spirituous liquors, shall stand for the j^ re t a iled, sell, or offer for sale, anv ginger or sale of liquor ' ■ > j ti i under a penal- other beer, or any other liquor 01 like character, ty of $20. gg an y sta^ provided for the sale of wine, malt or spirituous liquors as aforesaid, or elsewhere in said shop ; and if he shall so sell or offer for sale any such article as aforesaid, he or she shall for- feit and pay for every such offence the sum of twenty dollars. No person 19. And he it further ordained, That no person for ei th° S raiV°o P f keeping a retail grocery shop, where meat, grain, any article ex-f ru j t or other articles, are exposed or offered for cepting liquor, . ' , ,. * ., .. shall keep sale, and not having a license to retail wine, malt maUor'sYtu- anc * spirituous liquors, shall be permitted to keep ous liquor oth- in such shop, any wine, malt or spirituous liquors, ownu^ his f except such as shall be obviously intended for his or her own private use J and if any such arti- cle shall be found in any such shop, the owner and CITY ORDINANCES. 127 keeper of the same shall forfeit and pay for every time when any such article shall be found as afore- said, the sum of twenty dollars, in addition to such renalt y- fine as may be imposed by law for retailing with- out a license, and a further fine of ten dollars, for every day such article shall be kept after notice to remove the same. 20. And be it further ordained, That if any slave Penalty on a c e 1 i ii ii e * ree person of or tree person of color shall presume to sell or or- color or slave, fer to sell, exchange, barter, or give any wine, selling or gw- . . °, . , i ing any liquor malt or spirituous liquors, to any other slave or to another person of color, the person so offending shall be jJj^JSfSor liable to be brought before the Intendant, or either of the Wardens, and may be adjudged to re- ceive any number of lashes not exceedingtwenty ; provided, that it shall be in the discretion of the Intendant or Warden, to remit the whipping on the payment, by any free person of color, of a fine not less than twenty dollars, nor more than one hundre.d dollars. And provided also, that the In- Proviso. tendant or such Warden may, if they should think proper, direct such free person of color to be pro- secuted in the City Court, in which case he or she shall be subject to the same penalties as are im- posed on white persons for retailing without a li- cense. 21. And be it further ordained, That every white Penalty for sei- person, or free person of color, who shall barter ori^onSunday. sell any wine, malt or spirituous liquors, or any goods, wares and merchandize, on Sunday, shall forfeit and pay not less than fifty dollars, nor more than one hundred dollars ; and if any slave shall be guilty of such offence, he or she may be whip- ped by order of the Intendant, or any Warden, and receive any number of lashes not exceeding twenty. 22. And be it further ordained, bii the authority ^ T ° ne § ro or e r • 7 mi • f i ii free person of aforesaid, Inat no negro or person of color, wheth- color to loiter er bond or free, shali be permitted to assemble or^£° utany ' loiter in any shop* or in or about the door thereof, and shall not be allowed to sit down, or remain therein, longer than while actually engaged in 138 CITY ORDINANCES* purchasing such articles as they may be lawfully authorized to procure ; nor shall any such negro or person of color be allowed to enter or remain in any inner room, or on the premises connected with such shop, under a penalty of not more than twenty lashes, to be inflicted by the order of the Intendant or any Warden, and the owner or keep- er of such shop, whether he or she shall have a li- Penaity. cense or not, shall forfeit and pay a sum not less than five dollars, nor more than twenty dollars, in every case where such negroes or persons of color a . . shall be found assembled in his or her shop, or at Slaves, &c. . , _ , . _ , . . ' ; not having a the door thereof, or shall be round loitering or to^iodSin S ^ n § down therein, or violating any of the pro- the guard visions of this section of the Ordinance, contrary house. tQ t j ie true meamn g an( j intent thereof. And any such slave or other free person of color not having a written permit from his owner or guardian, may be taken up and lodged in the guard house, and shall be dealt with in the same manner as slaves or persons of color found out after tattoo without intendant, &c. a ticket. And it shall be lawful for the Intendant, may enter any or anv Warden, or any officer of the City Gyard, res°t P any negro, or either of the Marshals or City Constables, to enter at all times into such shop, and to examine the same, and to arrest any negro or person of color found therein without a ticket ; and if any person shall refuse admittance, resist, oppose, or assault, or insult any such officer while in the exe- cution of any of the duties imposed by this Ordi- Penaity forre- nance sucn offender, if a white person, shall for- Rl ^tH-TlPt 1 feit and pay a fine of not less than fifty dollars, nor more than one hundred dollars ; and if a slave or a person of color, may receive any number of lashes which maybe adjudged by the Intendant, or any Warden, not exceeding twenty lashes at any one time. Residents out 23. And be it further ordained, That no person of the limits not resi( ji nff beyond the limits of the City, shall be al- allowed ah- o J J J . . cense within, lowed to take out a license for the sale of spiritu- ous liquors within the same. ance. CITY ORDINANCES. 129 24. And be it further ordained, That if the In- ^ r n d d e a n n s t to and fondant or any Warden, shall personally come to have ail slaves, the knowledge, or he informed on oath, that any^*™ f JJJ d negroes or persons of color are assemblrd in any gambling, &c. closed shop, or any other secret or closed place, for the purpose of gaming, drinking, or any unlaw- ful purpose whatever, it shall he the duty of such officer to proceed in person, or to give an order to any officer of the guard, or either of the City Mar- shals, or City Constables requiring them to pro- ceed forthwith to examine such shop, or closed place, and to arrest all such persons as may be assembled, to be dealt with according to law. And should admittance be refused the owner or Penalty for re . occupant of such shop, and all other persons so fusin g admit- refusing shall be severally liable to a fine of two ? hundred dollars, and if a slave, to such corporal punishment not exceeding twenty lashes, as the tntendant or any Warden may direct. And it on such refu- shall moreover, be lawful for the Intendant or any salIt,ten L dant Wi n .. .../. . •'to issue his amen as aforesaid, on receiving information on warrant. oath of such refusal, to issue his warrant to any constable or other authorized officer, requiring such officer to enter such shop or closed place, and to arrest the said offenders, to be brought before him, to be dealt with according to law. 25. And be it farther ordained, That after any ^^^r suit shall have been commenced for the penalty, suit for not ta- for selling without a license, no person shall be king one out * permitted to take out a license without paying such penalty. And should such license be granted, the penalty shall not thereby be remitted. 20. And be it furtlier ordained, by the authority Penalty on ro- aforesald, That if any tavern keeper or keeper of £' giving any other house of entertaiment, or shop, or any re- 1 p uor j[> a taller of spirituous liquors, licensed No. 1, 2, and 3, as aforesaid, shall give, sell, utter or deliver to any slave, or shall suffer, or permit any person of color to treat any slave with beer, cider, ale, wine, rum, brandy, or ether strong liquors, or shall in any manner, entertain any slave, or shall suffer or permit any free person of color so to do* without 130 CITY ORDINANCES. the license or consent of the owner, or of some other white person having the care or government of such slave — he or she shall for the first offence, forfeit and pay the sum of fifty dollars, and for the second offence, shall forfeit and pay the like sum, and forfeit his license for the unexpired term thereof. No grocer or 27. And be it further ordained, by the authority shop keeper to r • 7 m. A •"*• i e purchase any aforesaid, That if any owner or keeper of a gro- wing from a cerv or ther shop or store, shall purchase from any ' slave any goods, provisions, grain, or other com- modity whatever, or shall sell, exchange or give to any slave any beer, cider, cordials, wine, rum, brandy, gin, whiskey, or other strong or spirituous liquors, and shall not, when called upon by any white person, immediately produce a ticket or per- mit from the master or person having the charge of such slave, authorizing him to sell such provi- sions or other commodities, or to purchase or re- ceive such beer, cider, fyc. as the case may be, any such owner or keeper of such shop or store, shall Penalty. be subject to the penalty of fifty dollars, nor shall he or she be permitted to offer as evidence in any prosecution, any ticket or permit so refused to be produced as aforesaid. A slave found 28. And be it further ordained, by the authority KtiS d \iqLt c f oresa ^ That if any slave or free person of color except in the shall be found at any stand erected in any shop for hSwithawrit-^he sale of wine, malt or spirituous liquor as afore- ten permit, to said, the owner and keeper of said shop shall be Guarf 6 House! liable to a fi ne of twenty dollars ; unless such slave sho mSs2(f or P erson of color shall be at the time in the act of 'purchasing such article to be carried out of said shop, under a written permit so to do from the owner or employer of such slave, or the guardian of such free person of color, as aforesaid, which ticket or permit shall be produced on the spot, if demanded by any white person ; otherwise the pe- nalty herein imposed shall be incurred, and such slave or person of color may be arrested and taken to the Guard House, to be dealt with according to law CITY ORDINANCES. 131 29. And be it further ordained, That it shall be Jk c ° r jJ|J ma ? lawful for the Recorder to order bail, in all cases of penalties imposed under the City Ordinances. 30. And be it further ordained, That all penal- Penalties how ties, fines or forfeitures imposed by this Ordinance dls P osed of - shall be disposed of as follows : viz. one-half to the use of the person who shall prosecute the of- fender to conviction, and the remainder to the use of the city ; unless the conviction shall be effected by the testimony of the prosecutor, in which case the whole penalty shall accrue to the City. k 31. Be it further ordained, Sfc. That all Ordinan- Repealing ces or parts of Ordinances, contrary to any thing clause - contained herein, be and the same are hereby re- pealed. Ratified in City Council, this twenty-ninth day of November, in the year of oar Lord one thousand eight hundred and thirty- six, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Intendant. No. 44. AN ORDINANCE to repeal an Ordinance, requiring the Physicians of Ratified 29th Charleston, to report all cases of Cholera, under their charge. v ' 1"36. Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it phys/ckns not is hereby ordained by the authority of the sa?ne, re P onln s cases That the Ordinance fixing a penalty upon Physi- pealed! cians for not reporting cases of Cholera to the Board of Health, be, and the same is hereby rer pealed. s Ratified in City Council, this twenty-ninth day of November, in the year of our Lord one thousand eight hundred and thirty- six, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Intendant. 132 CITY ORDINANCES. No. 45. Ratified, 29th AN ORDINANCE to prevent persons from removing dirt from the public Nov. 1836. streets. Be it ordained by the Intend ant and Wardens of Charleston, in City Cnunril assembled, and it is hereby nrdaiivd by the authority of the same, Rubbish in the That ill dirt and rubbish thrown out of any Jot, street to belong or deposited in any public street, or open square? shall belong to the i ity, a'ld it shall not be lawful for any person to take away, or demand, or appro- priate the same to his own use, unless by the spe- Penaityforre-cial permission or direction of the [nteudant, and oTt V permirsion *^ ar, y P erson > s "hall be guilty of any such offence, of the iuten- or shall remove dirt from, or in nnv way injure any public street or open square, he or she, if a white person, or free person of color, shall be liable to a penalty of twenty dollars ; and if a slave, shall re- ceive any number of lashes not exceeding twenty, which the lntendant or any Warden may adjudge, in addition to the fine upon his owner or employer, by whose direction such offence shall be commit- Proviso * e( ^ • Provided, that nothing herein contained shall be construed to apply, to the dirt or rubbish connected with the erection of any building, which shall remain subject to the existing regulations on that subject. Ratified in the City Council, this twenty-ninth day of November, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, lntendant. CITY ORDINANCES. 133 No. 46. AN ORDINANCE to extend the time of keeping open Billiard Tables to Ratified, 27th Dec. 1836. eleven o'clock at night. v^v^-^^/ Be it ordained by the Intendant and Wardens of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, Billiard tables That from and after the passing of this Ordinance, aiknved t0 be •* I I! i I c l r l ' played at until it shall he lawful for any person or persons keep- iiodockat ing Milliard Tables, to allow them to he played at mght , until eleven o'clock at night, and not to continue, open later than that hour, under the penalties now regulating the same. 2d. And be it fwtf,er ordained, by theauthinity Repealino . aforesaid, That all Ordinances and parts of Or- clause. dinances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this twenty-seventh day of December, in the year of our Lord, one thousand eight hundred and thirty-six, and in the sixty-first year of American Independence. ROBERT Y HAYNE, Intmdant. <^>— No. 47. i . AN ORDINANCE amending an Ordinanance, entitled an Ordinance, R at jfj e( j 7 m amending the 9th and J Oth sections of an Ordinance regulating Carriages, Feb. 1837. Carts, &.c. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled,' and it is hereby ordained by the authority of the same, That the better to regulate the rates of drayage, 134 CITY ORDINANCES. Rates of Dray- the following rates for every dray load be allowed, age regulated. , . ° J J ? that is to say — From any part of one wharf to any part of cents. the two adjoining wharves, or any place therein, and the Bay opposite thereto, 12£ From any part of one wharf to any part of the tenth wharf adjoining, or any place therein, within these limits and Bay op- posite, over and above the third wharf, 18f From Dawes' wharf to Market wharf, or from any one wharf to another, or the Bay opposite, exceeding ten, 25 From any wharf South of the Exchange, or the Bay opposite, to any point above the Market and not beyond the New- York Steam Packet wharves, 31i From the same to any point above the New- York Steam Packet wharf, or to Gads- den's wharf, 3?£ From any wharf, or the Bay opposite, be- tween the Exchange and Market, to any point exceeding ten wharves and not be- yond the New York Steam Packet whfs. 25 From the same and not exceeding ten wharves to any point above the New- York Steam Packet wharf or to Gads- den's wharf, 37£ From any of the wharves to the north side of Broad-street, as far as the west side of Meeting-street, and both sides of Broad- street, 12^ From any of the wharves to any part of the city, between the west side of Meeting- street, and north side of Broad-street, 25 From any of the wharves from the north side of Broad-street to the north side of Market-street, to the west of Meeting- # street, 12^ From any of the wharves from the north side of Broad-street to the west side of King-street, north side of Hazell-street, west side of Meeting-street, 25 CITY ORDINANCES. 135 From any of the wharves from the north CENTS « Rates of Dray- • i f r» 1 aii' i a S e regnlated. side of Broad-street to Ashley river, north side of Beaufain-street, west side of King- street, 31£ From any of the whaves between the north side of Market-street and Boundary- street to west side of Meeting-street, 12£ From any of the wharves from the north side of Hazell-street, to west side of King- street, north side of Bouridary street, and west side of Meeting-street, 25 From any of the wharves north side of Beaufain-street, to west side of King- street, north side of Boundary-street, west side of Pitt-street, and City Lands, and Boundary-street, 37£ From any of the wharves north of Beau- fain-street to Ashley river, west sidePitt- street, north side of Boundary-street, 37£ From any wharf on South-Bay, to north side of Tradd-street, 18f From ditto to north side of Queen-street, 25 ■ From ditto to Hazell and Beaufain-streefs, 3I£ . From ditto to north side of Boundary- street, 43f And to and from any other place not above mentioned, in proportion with the above rates and distances. Ratified in City Council, this seventh day of February, in the year of our Lord on^| thousand eight hundred and thirty-seven, and in the sixty-first year of American Independence. ROBERT Y. IIAYNE, Mayor 136 CITY ORDINANCES. No. 48. Ratified, 7th AN ORDINANCE to amend an Ordinance entitled "An Ordinance for the " government of Negroes and other Persons of Color, within ihe City of Charleston, and for other purposes therein mentioned." Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, Th.it no Negro or other Slave, working out on hire as a Porter or Day Labourer, shall demand or be entitled to receive anv other wages than according ? a y1abl°rl e s d to the following rates, viz —For a full d;iy's la- bour, which is to be from sun-rise till twilight in the evening, (allowing one hour for breakfast and one hour for dinner) one dollar — and for less than a day's labour, at the i ate of twelve and a half cts. for an hour. Ratified in the City Council, this seventh day of Febnxary, in the Year of our Lord, one thousand eight hundred and thirty-seven, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Mayor. -- No. 49. Ratified 21st An ORDINANCE to increase the pay of the Officers and Day Meti of the Feb. 1837. City Guard. . Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and if is hereby ordained by the authority of the same, That from and after the first day of March next, that the pay of the Captain shall be thirteen hun- CITY OftDINANCtiS. 137 dred dollars per annum, payable monthly. The pay of the first Lieutenant shall be one thousand dollars per annum, payable monthly. The pay of •' the second and third Lieutenants shall each be eight hundred dollars per annum, payable month- ly. The pay of the Orderly Sergeant of the Main Guard shall be forty-five dollars per month, paya- ble monthly ; and the pay of each Day Man shall be twelve dollars per month, payable monthly. 2d. And be it further ordained, by the autho- rity aforesaid, That all the Ordinances, and parts of Ordinances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this twenty-first day of Februaty, in the year of our Lord one thousand eight hundred and thirty-seven, and • in the sixty-first year of American Independence. ROBERT Y. HAYNE, Mayor. *<^^5>— »-» No. 50. m. AN ORDINANCE making appropriations providing for the City service, Ratified 3d and expenditures for three months from the 20th February, eighteen hun- March, 1837 dred and thirty-seven. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same. That to meet the expenses of the City for the en- suing fiscal quarter, ending on the twentieth of May next, the following sums be, and the same are hereby appropriated for the purposes herein- after mentioned, to be paid out of any money in the Treasury, not otherwise appropriated, that is to say : 18 138 CITY OfiDlNANCtiS. Salaries. City Guard. Streets. Levelling Streets. Lamps. Fire Depart- ment. Orphan House. Poor House. Marine Hospi tai. Health De- partment. 1. For salaries, three thousand five hundred and sixty two dollars, if so much be necessary. 2. For the City Guard, including incidental ex- penses, ($7600) seven thousand six hundred dol- lars, if so much be necessary* 3. For the department of streets, ($4161) four thousand one hundred and sixty one dollars, if so much be necessary, including a balance of ($505) five hundred and five dollars from the appropria- tion for, last quarter. 4. For levelling, filling up and repairing the streets, a further sum of (12000) two thousand dol- lars, if so much be necessary, to be expended un- der the direction of the Committee appointed for that purpose. 5. For the Department of Lamps, ($5650) five thousand six hundred and fifty dollars, if so much be necessary. 6. For the Fire Department, ($1060) one thou- sand and sixty dollars, if so much be necessary, in- cluding a balance ($70) seventy dollars, from the appropriation of the last quarter. 7. For the Orphan House, ($3740) three thou- sand seven hundred and forty dollars, if so much be necessary, and also ($1155 52) eleven hundred and fifty five dollars, and fifty two cents, for the payment of bills not provided for in the last quar- ter. 8. For the Poor House, ($3290) three thousand two hundred and ninety dollars, if so much be ne- cessary, and also ($1635) sixteen hundred and thirty five dollars, being a deficiency in the ap- propriation for the last quarter. 9. For the Marine Hospital (1431) fourteen hundred and thirty one dollars, if so much be ne- cessary, and also, ($634) six hundred and thirty four dollars, being a deficiency in the appropria- tion for the last quarter. 10. For the Health Department ($500) five hun- dred dollars if so much be necessary, including a balance of ($245) two hundred and forty five dol- lars, from the last quarter. CITY ORDINANCES. 139 11. For the Interest Account, ($7450) seven gjjjjj* Ac- thousand four hundred and fifty dollars, if so much be necessary. 12. For City Contracts and Accounts, embra- city Contracts "cing the expenses of the Lazaretto, erecting steps and Accounts and seats on the Battery, and protecting the same by stones, to break the force of the tide, the said work to be done under the direction of the Com- mittee of Contracts, ($1000) one thousand dollars, if so much be necessarj 7 . 13. For contingent expenses of the City, ($1500) Contm fifteen hundred dollars, if so much be necessary, ties. 14. As a special appropriation for contingen- s ial A cies, subject to the orders of the Mayor ($500) five propriation. hundred dollars, if so much be necessary, inclu- ding a balance of ($284) two hundred and eighty- four dollars, from last quarter. Ratified in City Council, this third day of March, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-first year of American Independence. • ROBERT Y. HAYNE, Mayor. No. 51. AN ORDINANCE establishing a Board for Levelling, and Filling up the Ratified 3d Streets, and keeping them in repair. March, 1837. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the Com- missioners of Streets and Lamps shall appoint Appointment from their Board an Executive Committee of committee for four members, one from each ward ; who, in con- each Ward - junction with the Mayor, shall from time to time prescribe and establish such regulations, and adopt 140 CITY ORDINANCES. such measures, as they may deem expedient for filling up, levelling, and keeping in proper order and condition all the Streets, Lanes, and Alleys of May°rM-off. tne Oity. The Mayor, shall, ex-officio, be Chair- man of the said Committee ; and they are hereby invested with all the authority now possessed by the Commissioners of the Streets and Lamps, so far as may be necessary for the purposes above mentioned. Clerks of st's. 2d. And be it further ordained, by the authori- tO DG GXGCU* y *» tive officer of ty aforesaid, That the Clerk of the Commission- the Committee erg f g|; ree t s an d Lamps, in addition to his pre- sent duties, shall be the executive officer of the Special Committee herein authorised ; and shall His duties, obey all orders and directions he may from time to time receive from the Mayor, or the said Commit- tee, appertaining to the filling up, levelling, and keeping in due order the Streets, Lanes, and Al- leys of the City ; And for neglect or violation of any such order and direction, or refusal to perform any of the duties of his office, he shall be liable to Penalty for be fined by the Mayor in' a sum not exceeding neglect ' twenty dollars, to be deducted from his salary. As a compensation for the services hereby requir- ed, the said Clerk shall, in addition to his salary Additional sal. as now established, be entitled to the sum of fiive aryfsoo. hundred dollars per annum, payable quarterly. Ax A any white person or persons hindering, op- pSn? ° r ° P posing, molesting or preventing any member of the said Committee, or the Clerk of the Commission- ers, cf Streets and Lamps* in the execution of any order and performance of any duty required from him under this Ordinance, shall forfeit and pay the sum of fifty dollars ; and if a negro or person of color, shall be confined in the Work-house for one week, and receive such corporal punishment as may be adjudged by the Mayor of the City. 2d. And be it further ordained, by the autho- Part of former rity aforesaid, That so much of the second sec- pe'ateT 06 re *tion of the Ordinance, ratified the twenty-seventh day of September, Anno Domini, eighteen hun- dred and thirty-six, as requires the Superintendents CITY ORDINANCES. 141 of Streets, each to employ four able bodied men provided with implements for levelling and raking the steets in their Divisions, be and the same is hereby .repealed. And the Superintendents of f2 r " ten " Streets shall each be hereafter paid the annual streets, salary salary of three thousand one hundred dollars, by $ 3100 - quarterly payments, in lieu of the salary affixed to their offices in the first section of the aforesaid Or- dinance. 4th. And be it further ordained, by th?. aulho- Toohe allor _ rity aforesaid, That it shall be the dutv of the Su- dersofexecu- perintendents of Streets to obey all orders and di- j "* rections which they may from time to time receive from the Mayor or the said Executive Committee : and to observe such regulations and discharge such duties as may be required by them, and for any default in obeying such orders and performing such duties, the Superintendents of Streets shall each be fined by the Mayor of the City in a sum Fine for diso- not exceeding twenty dollars, to be deducted from bedienCe - the salary of the Superintendent so fined. Ratified in the City Council, this third day of March, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sity-first year of American Independence. ROBERT Y HAYNE, Mayor. No. 52. An ORDINANCE to raise Supplies for the City of Charleston, for the Ratified 28th : ' March, 1837. year 1837. Be it ordained by the Mayor and Aldermen of Cliarleston, in City Council assembled, and it is Jiere- by ordained by the autlwrity of the same, That the 14*2 CITY ORDINANCES. and Buadin"? ^°^ ow ' n g species of property owned or possessed 50 cents, on ev- within the limits of the City of Charleston, shallbe ery$iooofthe su | 3 j ect to taxation in the manner, at the rate, and assessed value •' . . " ' «*?*** thereof. conformably to the provisions herein after speci- fied, regard being had to the real value of the same, viz : Every house, building, wharf, lot, or other landed estate, shall be, and is hereby made liable to a tax of fifty cents on every hundred dollars, of the value or estimate thereof, to be assessed by the City Inquirer and Assessor. 2d. And be it further ordained, bxj the au- thority aforesaid, That on the gross amount sales of all goods, wares, and merchandise, sold within merovf too tne ^ imiis °f tne City of Charleston, by any person of amount of or persons whomsoever, and whether for cash or Wares and° "'credit, for or on their own account or on account Merchandise, G f others, between the first day of April, 1836, and April, 1736. to the first day of April next, inclusive, ensuing the 1st April, 1337. d^e of this Ordinance, there shall be paid by the person so selling, fifteen cents on every hundred dollars of the amount of such sales respectively: Provided, that this clause shall not extend to Rice and cotton sold by wholesale by any factor, or to goods, wares and merchandise sold at public auction. That every person selling or dispos- ing of goods, wares, and merchandise, shall, be- tween the first and twenty-first days of April, next ensuing the date of this Ordinance, deliver a true and just return of the amount of sales made by him, her, or them, within the period aforesaid, to the City Inquirer and Assessor, at his office, and then and there shall take the following oath. — "I, A. B. do solemnly swear (or affirm, as the case may be,) that the return which I now give in, con- tains a just and true-account, and correct repre- sentation of the gross amount of sales of all, goods, wares and merchandise, real and personal estate, sold by me, between the first day of April, 1836, and the first day of April, 1837, inclusive, subject to taxation by the preceding clause, for or on my own account, or for or on account of any other per- son or persons whomsoever — So help me God." CITY ORDINANCES. 143 3d. And be it further ordained, by the autho- rity aforesaid. That the amount of all sales of J >rivate J sale * *^ by V6HQUG goods, wares and merchandise, made by vendue masters, same masters at private sale, whether oil their own ac- as above - count, or on account of others, is hereby declared liable to the aforesaid tax of fifteen cents on every hundred dollars of the amount of such sales, re- spectively ; and shall be included in the return re- quired to be made as aforesaid to the City Inqui- rer and Assessor. 4th. And be it further ordained, by the authori* ty aforesaid. That if any person or persons selling Double tax for or disposing of goods, wares and merchandise, i^t^L^orTo/ within the citv, as aforesaid, and who is required erroneous re- • ; ' • turns by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such return, at the time and in the manner herein pre- scribed ; or if any person or persons shall, in any return to be made as aforesaid, omit the amount of any sales made by him or" them as aforesaid ; or shall by a false return prevent a full taxation, to which such sale or sales, if duly and fairly return- ed, would have been liable, every such person or persons shall be liable to a tax of one hundred cents on every hundred dollars on the value of stock in trade, held or possessed by him, her or them, between the first day of April, 1836, and the first day of April, 1837, inclusive, to be assessed by the City Inquirer and Assessor. 5th. And be it further ordained, by the autho- rity aforesaid, That all profit or income arising incomes 5<> from the pursuit of any faculty, profession or occu- Jj -° a e .™# pation, trade or employment, (excepting those hereinafter excepted) whether in the profession of the law, the profits be derived from the costs of suits, counsel fees, or other sources of profession- al income, and on the amount of commissions re- ceived by vendue masters, or other persons vend- ing goods, wares and merchandise, or real and per- sonal property on commission, shall be liable to a tax of fifty cents on every hundred dollars; Pro- vided, however, That nothing herein contained 144 CITY ORDINANCES. * shall be so construed as to subject to taxation the profit or income.of any mechanic arising from the particular trade he pursues, nor the salaries of the judges and other public officers, exempt from tax- ation, or not taxed by the Legislature of the State, nor salaries of the clergy or other teachers of re- ligion ; or the profit or income of school masters or other teachers employed in the education of youth, arising from such employment; nor the sa-> laryof any minor, neither shall the tax hereby im- posed upon carriages, apply to such carts, drays, or hackney carriages, as ply or are employed for hire, by virtue of license obtained from the City Treasurer \ and provided that no tax shall be im- posed on any building occupied as a religious, charitable or literary society, or their funds. 6th. And be it further ordained, by the autlw- ritu aforesaid, That every slave, within the city, Slaves under under twelve years of age, shall be subject to a tax age^ e $i so— of one dollar and fifty cents. Every slave within the over, $2 50. ${£' over t we i ve years of age, shall be subject to a tax of two dollars and fifty cents. Every slave •^ working out, or employed in the city, whose own- ers reside without the limits of the said city, shall be subject to a tax of five dollars, over and above the cost of the proper badge. 7th. And be it further ordained, by the autko- Coach & e r ^y af oresa id, That every coach or other carriage, drawn by two having four wheels, and drawn by two horses or horS Ditfo 5 ne more J except as hereinafter provided, shall be lia- horse, $ i2 5o ble to a tax of twenty-five dollars ; every coach or More than one carriage having four wheels and drawn only by four wheel one horse, shall be liable to a tax of twelve dol- Sore than one lars and fifty cents ; Provided, that where more |^ 5 ° fhorses ' than one four wheeled coach or carriage may be owned by any person who may possess not more than a pair of horses, such person shall not be li- able to a greater tax than twelve dollars and fifty cents for every additional coach or carriage. Ev- Chairs, &c. ery two wheel chaise, chair, sulkey, or other car- two wheels, $5 rm ge } sn all be liable to a tax of six dollars. Every ^Every horse, j lorse not use( j f or military purposes by the owner, CITY ORDINANCES. 145 and every mule, shall be liable to a tax of six dol- lars, except such as are used in licensed carts and drays, that is, two horses or mules for each licensed double cart, and one horse or mule for every other licenced cart or dray. 8th. And be it further ordained, by the autho- Ta :^ sto ^ e ? • i mi . i ^ lit paid on all pro- rity aforesaid, 1 hat the taxes on landed or per- perty held on sonal estate herein before particularly described, the l8t Jan - shall be payable by the persons who, on the 1st of January in the present year, were the respective owners or representatives thereof; but that every horse shall be liable to a tax herein before ex- Taxes on pressed, that shall be owned or kept in the city at J° a r ^ s t ^ k e ept any time during the present year, after the pass- during the ing of this Ordinance; and that every coach or year ' other carriage used in the city for one month, ex- cept in the cases herein before provided, shall be liable to the tax imposed upon such objects in the first clause ; and if not returned by the owner, or any persoa using the same, shall be liable to a tre- ble tax, one half of the extra tax, to go to the in- former. 9th. And be it further ordained, by the aiitho-Jj^otlf* 1 ' rity aforesaid, That it shall not be lawful for any vend goods transient person, master, or other persons, attached or°whaiveV' to any vessel not belonging to the port of Char- y™*}™* P ay - leston, to vend on board any vessel, or on the license of $ioo wharves, any goods, wares, or merchandise, feiv-JJ^S'SS? cepting provisions and other produce of this State, every offence. fruit, fish, and articles for public market) either on their own account,or as agent and consignees, until he or they shall have obtained from the City Trea- surer a license to sell such goods, wares and mer- chandise as aforesaid, for which license they shall respectively pay to the City Treasurer the sum of one hundred dollars, together with the aforesaid tax upon the amount of his sales, the said license to continue of force for one year ; and if any tran- sient person, master, or any other person, attached to any vessel, not belonging to the port of Char- leston, shall sell on board any vessel, or on any of the wharves, any goods, wares or merchandise, not 19 146 CITY ORDINANCES. excepted as aforesaid, without a license, contrary to this ordinance, he or they shall forfeit and pay for each and every such offence, the sum of two hundred dollars, to be recovered by suit in the City Court, in the name of the City Council of Charleston, one half thereof for the use of the per- son who shall prosecute the offender to conviction, and the remainder for the use of the city. 10th. And be it further ordained, by the authority Assessor to aforesaid, That it shall be the duty of the City In- niftkc out el j .v list oftempo. quirer and Assessor, to form an alphabetical list of with 1 the ldents a 'l temporary residents in the city, viz. of all per- amountof. sons carrying on any faculty profession or occupa- tradelnd 1 m ti° n > trade or employment, either on their own profits, who account, or as agents, for the space of ten days, shall be taxed ,. .«.i • 1 . .1 j 1 $1 on every and not more than eight months, and assess such #100 persons respectively, the amount of their stock in trade, and profit and income, and hand over said list and assessment to the Treasurer, who shall immediately give notice to the parties, that he is ready to receive the tax on said stock in trade, and profit and income, and the persons so as- sessed shall respectively pay a tax of one hundred cents on every hundred dollars of the amount so assessed for stock in trade, and profit and income upon them respectively. And against all such as do not come forward and pay the same, within ten days thereafter, executions shall be forthwith issued: provided that nothing herein contained, shall apply to such persons as may give security to the City Treasurer to make their returns, and pay the tax upon sales conformably to the pro- visions of the first clause. 11th. And be it further ordained, by the authority Taxo 1 f s ^ ° t o11 aforesaid, That every lot, subdivided lot, or piece Lving pumps; of ground within the City, enclosed and occupied, SfcSKfc" an ^ wn ' cn nas n °t a good and sufficient well, or their lots. cistern, capable of containing at least three hun- dred gallons of water, and built of brick or stone, with a pump to the same fit for use, shall be lia- ble to a tax of forty dollars, for every such lot, or piece of ground, whether the same be subject to assessment or not. CITY ORDINANCES. 147 12th. And be it further ordained, by the authority aforesaid, That all such taxable property within Absentees -' ~ . - , r * ^ . . . bouble taxed the City, as may belong to any person residing without the United States, shall be liable to a double tax ; but this clause shall not be construed to extend to the property of any person or persons sent or gone abroad, in the employment of this State, or of the United States, until one year after the expiration of his or their mission. 13th. And be it further ordained by the authority Agents to ef- aforesaid, That every person or persons who shall ^L^ 1 "^™ 100 hereafter act as agent for any individual, or asso- amount of Pre- ciation of individuals, not incorporated by the laws JJ2JJJ2? of this State, for the purpose of effecting insurances cent thereon within the city against loss of any kind, shall, on the 3.0th day of June next, and on the 31st day of December next, render to the City Treasurer, under oath, a just and true account of all premi- ums received by him, or any other person for him, or agreed to be paid, for any such insurances ef- fected by him during the present year, and shall pay to the City Treasurer six per cent on the amount of all such premiums, and every such agent who shall neglect to make such return, and pay as above required such six per cent, upon the pre- miums paid or agreed to be paid, on the day afore- said, shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered in any court having cognizance thereof. And every broker or person dealing in brokerage, who shall hereafter fa hum t °ax ay act as asrent for any individual or association of 011 their a s en - *L C16S individuals, beyorfd the limits of this State, not in- corporated by the laws of this State, for the pur- pose of selling and buying bills of exchange, buy- ing or selling stocks, or dealing in money bills or notes, shall, on the 30th day of June next, and on the 31st of Dec. next, render to the City Treasurer, under oath, a just and true account of the whole amount of the profit, interest, and income derived by himself or his principal from such buying, sell- ing or dealing, and shall pay to the City Treasurer six per cent, on the whole amount thereof, and 148 CITY ORDINANCES. Bank and In- surance com- panies incor- porated by this State ex- cepted. Persons living within the limits of the City, to pay same tax on their sales as residents. Licenses. Badges. Mechanic s&c every such agent, who shall neglect to make such return, and pay as above required such six per cent, as aforesaid, shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered in any court having cognizance thereof: Provided, that nothing herein contained shall be construed to extend to the operations of any Bank or Insur- ance companies chartered by this State, acting within the limits of their respective charters. 14th. And be it further ordained, by the authority aforesaid, That all persons residing beyond the boundaries of the City of Charleston, who habitu- ally come into the city, to carry on their daily bu- siness, shall be liable to the same tax on the amount of their sale3 of goods, wares and merchandize within the city, and on their incomes, derived from business carried on within the city, as is imposed by this ordinance, on persons residing therein, which tax shall be returned collected, and enforced in like manner as is herein provided for in other, eases. 15th. And be it further ordained, by the authority aforesaid, That the following sums shall hereafter be paid for licenses and badges, in lieu of the sums now fixed by law : For every omnibus, hack, or other carriage, with four wheels, let, used, or driven for hire, the sum of : : : $25 00 For every carriage with two wheels, so used 1*2 50 For every cart or wagon, drawn by 2 horses 15 00 For every cart or wagon drawn by one horse, 10 00 For every dray drawn by two horses, : 12 00 For every dray drawn by one horse, : 10 00 For each ticket or badge, to be obtained from the City Treasurer, for any slave, male or female, to be employed on hire, out of their respective houses or families, the following sums, viz. For every handicraft tradesman, : $5 For every carter, drayman, porter, or day laborer, : : : : : 4 00 For every fisherman or woman, : : 2 00- For every house servant or washerwoman, 2 00 For every seller of fruits or cakes, or any ar- ticle not prohibited, : : : 5 00 CITY ORDINANCES. 149 And licenses or badges taken out by non-resi- Non Residents dents, shall be charged double the above amounts. 16th. And be it further ordained by the authority No slave or aforesaid, That, from and after the first day of May ^ p |Spa next, no slave, or free person of color, shall be dog. permitted to keep any dog in the city of Charles- ton, under the penalty of one dollar for every day such dog shall be kept, and every slave, or free person of colour, charged with keeping any dog or dogs, contrary to this ordinance, shall be brought before the Mayor, or presiding Alderman at the Police Court, and on failing to pay such fine as may be then and there imposed, may be committed to the workhouse for a period not exceeding one week, or flogged not exceeding twenty lashes, at the discretion of the Mayor or presiding Alder- man as aforesaid, and any slave or person of co- lor residing on any lot where no white person ShS persons resides, may be deemed and taken to be the keeper taxed $2. of any dog found on the premises, unless he or she can show who is the owner and keeper of the same ; and any white person residing on any lot where slaves, or persons of colour, also reside, may be deemed and taken to be the owner and keeper of any dog found on the premises, unless he or she shall, when called upon for that purpose, shew who is the owner or keeper of the same. 17th. And be it further ordained, by the authority aforesaid, That, on every dog kept by any white person, or on his premises, there shall be paid a tax of two dollars to the city, and on every dog more than one, a tax of three dollars ; and for every dog more than three, a tax of five dollars ; and any dog or dogs kept as aforesaid, shall be included in the tax return of the owner or keeper thereof, or the head of the family, or keeper of the house, where such dog is kept or harbored. And on the payment of the said tax, the owner or keeper of such dog or dogs shall be entitled to receive from the City Treasurer a license for such dpg to go at large for one year, provided a collar shall be constantly worn by such dog, having the name of the owner 150 CITY ORDINANCES. legibly written, stamped or engraved thereon ;. and provided also, that if at any time it shall be deemed unsafe to permit dogs to go at large, it shall be the duty of the Mayor to issue a proclamation forbid- ding the same. And any dog found going at large after such notice, and until said proclamation shall be revoked, shall be killed, and the owner or keeper thereof, shall be moreover liable to a fine of ten dollars. And any dog found in any lot, or going at large, contrary to this ordinance, may b« law- fully killed ; and any person keeping any dog con- trary to this ordinance shall be liable to a fine of one dollar for every day any such dog may be so kept. And for failing to make a return of any dog, liable to taxation, the owner or keeper thereof shall be liable to a double tax, as in other cases. 18th. And be it further ordained, by the au- thority aforesaid, That the following oath, in ad- Oath. dition to the oaths now prescribed by law, shall be taken by all persons making a return of taxable property in the city, viz : "And I, A. 13. do further swear, that there is no dog kept by me, or on my premises, liable to taxation," to which shall be added the following, where a dog or dogs may have been returned, ' except such as have been duly returned,' so help me God." And it is hereby declared, that any dog brought into the city, shall be immediately reported to the City Treasurer, and the tax paid, arid a license taken out for the remainder of the year, under a penalty of five dol- lars, on the owner or keeper of said dog, or the person on whose premises the said dog may be found ; and any dog at any time found in the city, shall be deemed and taken to be kept therein, and liable to the tax aforesaid. StbnTso to 19th. And be it further ordained, by the autho- $ioo at the rUy aforesaid, That in addition to the permission discretion of. .«-«m - i • J l *i J* ' * ~ council. or Council, required by the ordinance concerning amusements passed on the 28th of October, 1801, (see City Ordinances, page 6,) it shall be neces- sary for any person applying for leave to act, re- present, perform, or exhibit any of the exercises or shows therein described, first to pay into the Trea- CITY ORDINANCES. 151 sury, the sum to be fixed by Council, not less than 820, nor more than $100. 20th. And be it further ordained, by the author- ity aforesaid, That any person owning or possess- T ^ x ™*™ l ° ing any property liable to the payment of a city before the tst tax, as aforesaid, as well on his own account, or as of A f ril - executor, administrator, guardian,trustee, attorney, agent, or otherwise, having the charge or manage- ment of any taxable property within the city, or of any person deceased, absent, or under age, or other- wise, shall, on or before the 21st day of April, in the present year, deliver a true and just return of all such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City Inquirer and As- sessor, at his office, and then and there to take the following oath, — " I, A. B., do solemnly swear (or affirm, as the case may be) that the return which I now give in, contains a just and true account, and correct representation of all the real and per- sonal estate subject to taxation, which, on the first day of January, in the present year, was or were in my possession, for or on my account, or on ac- count of any other person or persons whomsoever, either as executor, administrator, guardian, trus- tee, attorney, agent, or otherwise : and that no more of said property than is represented, is in any wise belonging to any person or persons resident in a foreign country, so help me God." And every person taking such oath, shall subscribe the same m ; ""* ■ X O DG SW 0X11 on each return made by him or her, and deliver to. them to the City Inquirer and Assessor. And no return shall be received from any one, of the pro- perty of another person, except as aforesaid, in the character of executor, ( administrator, guardian, trustee, attorney, or agent, unless the same be sworn to by such person before the City Inquirer and Assessor, or a Magistrate duly qualified to administer such oath. 21st. And be it further ordained, by the author- ity aforesaid, That each and every vendue master, shall, in addition to the oath prescribed by the pre- 152 . CITY ORDINANCES. Oath. ceding section, take the following oath — " I, A.B. do solemnly swear (or affirm, as the case may be) that the return which I now give in, contains a just and true account of all commissions received by me (or the concern of which I am a co-partner,) on goods, wares and merchandize sold by me (or my house) at private sales, so help me God." 22d. And be it further ordained, by the author- ity aforesaid, That it shall be the duty of every taxable inhabitant of this city, who shall, since the first day of January, in the past year, have sold any J"^™^ 1 ^ 1 10 lands or negroes liable to the city tax, to give in- property sold formation thereof, at the time of making such re- t!mi elastre turn, and the name of the person to whom sold, to the City Assessor. 23d. And be it further ordained, by the author- ity aforesaid, That it shall be the duty of the City Assessor to Inquirer and Assessor, to inquire of every person maksmquines mSL fa n g a tax re turn, whether he or she, or the per- son they may represent, have sold any taxable pro- perty since the last return day, and he shall enter" the same in a book, to be kept for that purpose, with the name of the person to whom such sales may have been made, and shall take the proper measures to collect the taxes on all such property. 24th. Jlndbe it further ordained, by the author- ity aforesaid, That any person being the owner, Double tax or having the charge of any taxable property with- for defective in the city as aforesaid, and who is required by this ordinance to make a return thereof, on failure or neglect to make such a return at the time, and in the manner herein prescribed, or if any person shall, in any return to be made as aforesaid, omit any house, building, lot, or wharf, landed estate, slave or slaves, coach or other carriage, horse or horses, profits, income, or other property liable to a tax as aforesaid, or shall, by a false return, pre- vent a full assessment, to which such property, if duly and fairly returned, would have been liable, every such person shall, in every such case> be doubly taxed. CITY ORDINANCES. 153 25th. And be it further ordained, by the author' ity aforesaid, That all assessments made on real or personal property, sales and income, rendered taxable under this ordinance, shall be paid to the City Treasurer, at his office, on or before the se- T a ^ e * to ^ & cond day of June, in the present year ; and if any June. 7 person shall fail or neglect to pay his or her as- sessment, when due as aforesaid, an execution shall forthwith be issued against any goods or chattels to such persons belonging, and the same shall be seized, and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales, as may be requisite to pay the amount of such assessment, and other legal charges, and the overplus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other persons as may have lawful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found be insufficient to defray the whole amount of the assessment and charges, the Sheriff shall levy upon and sell, at public auction, any of the landed property of such person, within the limits of the city, on a lease not exceeding five years, for the purpose of discharging what may be due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above di- rected. And if any person failing or neglecting to pay his or her assessment, should have neither landed property, nor goods and chattels within the city, or if the proceeds of the sales of such as may belong to him or her, should not be adequate to the full payment of what is due by him or her as aforesaid, then the City Sheriff shall take out an execution against the body of such person, andExec-niontto commit the same to the gaol of Charleston District, be 8sued ' there to be detained until full payment be made, or until discharged according to law. 26th. And be it further ordained, by the autho- rity aforesaid, That every inhabitant of this State, owning or possessing any taxable property within 20 154 CITY ORDINANCES, the city, but residing therein at no other time than between the months of June and November, Country resi- or re gj c |i n g altogether in the country, shall be at dents to make » ■ i • , J ■, <• ■ returns by 20th liberty to make his or her return on or before the bySsUuiy? ^ tn e the duty of the City Sheriff forthwith, by virtue of the said execution, to seize and take the body of any such free negro, or free. person of color, and to bring the same before the Guard Committee for the time being, whose duty it shall be to inquire into the cause of neglect, or refusal to pay the said tax, and the said committee are hereby authorised and empowered, if they, after the said inquiry, shall deem fit to order, and direct such free person or persons to be confined in the Work- house, and placed on the Tread-mill for any time not exceeding one month, unless his or her tax due as aforesaid, with costs and charges, be sooner paid. And every free negro, or free person of color as aforesaid, shall, on or before the 15th day of May, in the present year, make a return of his or her name and age, of the names and ages of his or her child or children, and of his or her place of abode and occupation, to the City Inquirer and Assessor, who shall enter the same in a Register; and if any free negro, or free person of color, shall neglect or refuse to make such return within the time, and in the manner before prescribed, or shall give a wrong name or names, with intent to deceive the Inquirer and Assessor, he or she shall, in either case, be doubly taxed, and proceeded against in the same manner as above directed with regard to free negroes or free persons of color whose tax is not duly paid as aforesaid. Ratified in City Council, this twenty-eighth day of March in the year of our Lord one thousand eight hundred and thirty-seven, and hi the sixty-first year of American Independence. ROBERT Y. HAYNE, Mayor. CITY ORDINANCES. 157 No. 53. AN ORDINANCE to provide for filling up, draining, and levelling Low Ratified 11th April, 1837. Lots in the City of Charleston ; for draining the Cellars, cleansing Sinks, re- s^-* v <""X»' moving nuisances, and to alter and amend the Ordinances concerning the Board of Health. Be it ordained by tlie Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That a Board Board of in- of Inspection shall be and the same is hereby £ on esUlh " created, to be composed of the Mayor of the City and any four members of the Board of Health, to be summoned by the Mayor from time to time, as occasion may require, for the performance of the duties herein after denned, relating to the draining, levelling, and filling up of low lots, and the cor- rection of other nuisances prejudicial to the health of the City. The Mayor shall act as Chairman of the Board of Inspection, and shall cause a reg- ular journal of their proceedings to be kept by the City Inspector hereinafter provided for. 2d. And be it further ordained, by the autlwrity aforesaid, That whenever it shall appear to the Mayor, or any of the Aldermen in their respective Wards, or of any two or more Commissioners either of Health or Streets, that any low lots or vacant grounds are in a state of nuisance, or so situated that they may become a nuisance, and the health of the inhabitants be endangered, it shall be the duty of the Mayor to convene said Their powers Board of Inspection, any three of whom shall be audduties a quorum, who shall enter upon and thoroughly examine such lots or vacant grounds, and deter- mine by the vote of not less than three of the said Board, whether such lots or vacant "rounds shall be drained, filled up, levelled, or otherwise so im- proved, as to remove the nuisance and evil there complained of or existing. And should the said 158 CITY ORDINANCES. Board of Inspection be of opinion that such lots or vacant grounds ought to be filled up, levelled or drained, they shall submit a detailed report to the City Council, setting forth the actual condition thereof, and suggesting the mode, materials, and extent to which such low lots or vacant grounds shall be filled up, levelled, or drained : upon which report Council shall take such order and direction thereon as they may deem expedient. 3d. And be it further ordained by the authority aforesaid, That in case Council shall order the re- port of said Board of Inspection, made as afore- said; to be carried into effect, or shall direct such low lots to be filled up, levelled, or drained, it shall be the duty of the City Inspector herein after pro- Owners of lots vided for, to serve a notice in writing on the owner which require /» 1 i 1 i i- fining up and or owners ot such k>w lots, or vacant grounds, di- serJedwith'a rec ting said owner or owners to have such lots or notice to have vacant grounds filled up, levelled or drained, as it done. Council may require, to such extent, in such man- ner, with such materials, and within such reason- able time as may be prescribed by the said order in case of °T the City Council. And in case of neglect or neglect city- refusal of said owner or owners to obey said no- h£ve e £dLteai;tjjjCe, it shall be the duty of said City Inspector to owners ex- cause such lots or grounds to be filled up, levelled, ucns6* o i ' or drained, in the manner prescribed in the said notice, under the order, and direction of the said Board of Inspection. The expenses and charges paid or incurred in case such lots or grounds shall be filled up, levelled, or drained, under the order of the Board of Inspection, shall be paid, in the first instance, out of the City Treasury ; and shall afterwards be recovered with interest and costs of suit in an action of debt, to be brought by Council in the Court of Common Pleas or City Court, against the owner or owners of such lots or grounds. The City Surveyor shall, whenever re- The City- quired by the Mayor, attend the said Board of Surveyor to Inspection on the examination of low lots and ofinspection. grounds, and under their direction make plans for filling, levelling, and draining the same. CITY ORDINANCES. 159 4th. And be it further ordained, by the authority aforesaid, That the said Board of Inspection shall have power to order private drains, leading from pumps, wells, or other places, on private lots into the public drains of the city, to be built, repaired, p< ™| er of the and altered in such manner and within such timei atestopr i V ate as thev may direct, notice of which shall be served fl ™ hls and in writing by the City Inspector upon the owners or occupants of said lots, the said Board shall in like manner cause all cellars to be drained, or filled up, and houses to be cleansed, and all nuisances prejudicial to the health of the city to be removed. And in case the owners or occupants of any lot shall neglect or refuse to comply with such notice, the said Board of Inspection shall have power to cause their order as expressed therein to be carried into effect by the City Inspector at the expense of the owners or occupants aforesaid, to be paid in the first instance out of the City Treasury, and afterwards to be recovered with interest and costs in the City Court by an action of debt against such owners or occupants. Provided that nothing herein contained shall be construed to deprive the Not to deprive Board of Health or the Commissioners of Streets £° a «!*?I - -. . , i • i Health &c. of ot the powers vested in them touching the matters their powers. comprized herein, except that no order or direction of the Board hereby created shall be suspended or altered by either of the said last mentioned Boards. 5th. And be it further ordained, by the authority aforesaid, That no owner or occupant of any lot shall cause any drain or gutter to be made, leading off the water from such lot into the public streets, dr ^ f"^ te unless by a drain connected with the public drain, made, unless (where such drains shall exist) to be built of brick ° t f n", C connect- or stone, and in such form, as the said Board of ed with a P ub - Inspection shall prescribe, under a penalty ofrpenaityf&c. twenty dollars ; and of five dollars for every day the same be continued after such owner or occu- pant shall be served with a notice from the said Board relative to such private drain. 160 CITY ORDINANCES* 6th. And be it further ordained, by the authority aforesaid, That Privies on lots within the city, shall be so constructed, that the contents thereof cannot Regulations escape therefrom or overflow ; and whenever any pis. yau j t Qr p r j V y becomes offensive, the same shall be cleansed — and the owner or occupant of the pre- mises on which any vault or privy may be situated, the condition of which shall be in violation of this , Ordinance, shall remove, cleanse, alter, amend, or repair the same, within a reasonable time after notice in writing to that effect shall be given by the said Board of Inspection, and served by the City Inspector. And in case of neglect or refusal, the same shall be performed by the said Inspector at the expense of the owner or occupant of such premises, to be first paid by the city, and then recovered with interest from such owner or_ occu- pant by Council, in the City Court. 7th. And be it further ordained by the authority No moss to be aforesaid, That it shall not be lawful for any person f e m°is C t U Ma d or P ersons to cure Moss, in any quantity whatever to 1st Nov. in any part of the city, between the first day of tebie a mattef e ^ av an ^ ^ rst ^ay °f November in any year ; or liable to putnfy to keep between those days on any lot or premises within the city, moss not properly cured and packed in bundles, or to keep thereon any vege- table matter liable to putrefaction ; and any person or persons offending contrary to the pro- visions of this clause, shall forfeit and pay the Penalty. sura of twenty dollars, and the further sum of five dollars for ever day such uncured moss or vegetable matter shall remain on such lot of premises contrary hereto, after receiving notice in writing to remove the same, from the City Inspector. 8th. And be it further ordained, by the authority ob^utSag 01 aforesaid, That if the owner or occupant of any lot, Board or city ground, house, cellar, vault or enclosure, or any sector, c ot j ier p erson f oun d thereon, shall refuse or delay to open the same, and suffer it to be examined by the Board of Inspection, or the City Inspector CITY ORDINANCES. 161 acting under their orders, or shall in anywise molest interrupt, hinder, obstruct or oppose the Mayor of the city, or any other member of the said Board, or the City Inspector aforesaid in the discharge of any of the duties prescribed in this Ordinance, or any of the workmen, labourers, or agents em- ployed by the said Board, or the Inspector afore- said, in the performance of any work ordered by the said Board, or the Inspector aforesaid, in execution of the duties required under this or- dinance, such owner or occupant, or other person offending therein, shall forfeit and pay a sum not exceeding one hundred dollars, for every such offence. 9th. And belt further ordained, by the autho- rity aforesaid, That the owner of any low lot or Pena,t y °? ** ** •/ owners of lots grounds, which shall be found by the said Board found in a of Inspection in a state of nuisance, and the owner JJJJ overaud or occupant of any lot, ground, house, cellar, vault, above expense or enclosure, on which any nuisance contrary to ofremovin s it the fourth and sixth sections of this ordinance, shall be found by the said Board, shall notwith- standing their liability for the charges and expenses attending the filling up, levelling, or draining such low lot or grounds, and removal of other nuisances forfeit and pay a sum not exceeding twenty dollars for each low lot or grounds found in a state of nuisance, or for each lot, ground, house, cellar, vault, or enclosure on which such other suisance shall exist. And the owner or occupant as afore- said shall moreover forfeit and pay a sum not exceeding five dollars for each day said nuisance shall remain on such lot, ground, house, cellar, vault or enclosure, contrary to the notice herein before directed to be served for the removal thereof. 10th. And be it further ordained, by the autho- rity aforesaid, That the City Inspector, imme- diately after any lot shall be filled up, levelled or inspector. 1 Y drained ; or any cellar filled up, or other nuisance removed by order of the Board of Inspection, <■>! 162 CITY ORDINANCES. under tne authority of this ordinance, shall furnish to the owner thereof a particular statement in writing of the charges and expenses incurred, and also make a demand in writing - of said owner, for payment of the same, and he shall therefore return under oath to the City Treasurer a duplicate of such statement and demand, with a copy of the rutins e-tor nc ^ ce originally served. And for default in the for delimit oi performance of .any of the duties required of the duty * City Inspector under this ordinance he shall be liable to be fined by the Mayor in a sum not exceeding ten dollars for each neglect, refusal, or omission, to be deducted from the amount of his salary under the ordinance heretofore passed. Notice to be ^ nc ^ all notices directed by this ordinance shall personally be personally served by the said City Inspector on the party to whom they shall be addressed, or in case of absence from the. State or District, upon the authorised agent, or attorney of said party: and where so served upon such agent or attorney, it shall be deemed a service upon the owner of such lot or premises, so as to authorize the action of the Board of Inspection, in executing through the said Inspector aforesaid, their orders and di- rections upon the default or refusal to comply with said notice as by this ordinance provided. 11th. And be it further ordained, by the author-' Central Board ity aforesaid, That a separate Board be estab- of Health established, lished, to be called the Central Board of Health, to consist of the Mayor, one member of the Board of Health from each Ward, and the Physicians who are ex-officio Members of the Board of Their duties. Health. The duties of which Board shall be to inspect the Bills of Mortality, the Meteorological observations, enquire into all Epidemic diseases which may occur, and such other duties in relation to the health of the City, which may by Council be referred to them. 12th- And be it further ordained, by the author- ity aforesaid, That the Office of the Clerk of the Board of Health be, and the same is hereby * CITY ORDINANCES. 163 abolished, and in the place of said officer, a City Office of cierk Inspector shall be elected by the City Council HedTabol immediately after the passing of this Ordinance, ish ed and that to hold his Office until the 3d Monday in October ; Rector esub- then to be elected for one year, and annually hshe(i - thereafter : who shall perform all the duties now . required of the Clerk of the Board of Health ; as well as those provided for by this Ordinance, &c. and shall moreover attend the regular meetings of the Central Board of Health, keep an office where complaints of nuisances from the Commissioners or Citizens shall be received, recorded, and re- ported to the Board — and shall put into execution all such orders as may be extended to him for the correction of nuisances bv the Council, or the Mayor, or any Board who may be authorised to act on the subject. And as a compensation for these services, he shall receive an annual salary of one thousand dollars; payable quarterly. 13th. And be it further ordained, by the autho- rity aforesaid, That the Commissioners of Health Commission- be required to meet once in each month, and like- t0 a, e et oLe wise to inspect their wards at least once in each a month aud at month, from the 1st of April to the 1st of October when re- e= and at such other times as may be necessary, and I""*'*; and to have all nuisanses duly reported to the Mayor, to be removed in the manner herein before provided for. 14th. And be it further ordained, by the autho- rity aforesaid, That all ordinances repugant to cSSe 1 * the foregoing be, and the same are hereby repealed. Ratified in City Council, this eleventh day of April, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of American Independer.ee. ROBERT Y. HAYNE, Mayor. 164 CITY ORDINANCES. No. 54. Ratified, 1st ^N ORDINANCE for the better regulation of the Fire Department and April. 1837. " \^~V*^s to prescribe additional duties to the Superintendant of the Fire Engines and increasing said salary. Be it ordained by the Mayor and Aldermen Superin- of Charleston, in City Council assembled, and tendant of ^ } s ]i tre0 y ordained bi/ the authority of the same, ditionai duties. That hereafter it shall be the duty of the Super- intendant of the City Fire Engines, in addition to his other duties, to take under his care all the Hose belonging to the City, and all the apparatus, tools and instruments connected therewith; to keep the same always in order and ready for use : and for this purpose to cleanse, wash, oil or grease the same, as often as may be necessary, at his own expense, without any charge to the City for the cost of labor, oil, or other materials used in discharging the duties above prescribed, except where repairs may be needed. 2d. And be it further ordained, by the autho- rity aforesaid, That in consideration of the ad- ditional duties by this Ordinance imposed upon Salary. ^ e Superintendant of City Engines his salary shall hereafter be at the rate of four hundred and fifty dollars per annum. 3d. And be it farther ordained, by the autho- - , . rita aforesaid, That the regulations concerning .Regulations */ . */ * cd o concerning Fires and the government of the Fire Department, in e e nt epart approved and adopted by the City Council and the Board of Fire Masters on the twenty second day of November last, be, and the same are hereby . adopted, ratified, .confirmed and ordered to be carried into full effect and the penalties therein imposed, are hereby sanctioned and made of full force, and shall be enforced in the manner in- dicated in said regulations, or may be recovered by suit in the City Court, one half to the use of i CITY ORDINANCES. 165 the informer, and the other half to the use of the city. 4th. And be it further ordained, by the authority '52^ ling aforesaid, That all ordinances and parts of ordi- nances, repugnant hereto, be and the same are hereby repealed. Ratified in City Council this first day or April, in the year of our Lord, one thousand eight buudred and thirty-seven, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Mayor. The following are the regulations concerning Fires and the government of the Fire Department referred to in the foregoing Ordinance. Regulations concerning Fires and tire govern- ment of the Fire Department, adopted by the City Council and the Board of Fire 32 asters. Regulations concerning Fires and the Government . of the Fire Dejjartment. Adopted by the City Council and Board of Fire Masters, and sanctioned by City ordinance passed 4th April, 1837. 1. On the occurrence of a fire, the Chief Su- perintendent of the Board of Fire Masters, or in Duty of chief his absence, one of the Assistant Superintendants ; ^Et^nd or, should no Superintendant be present, the fust others in his Fire Master arriving at the fire, shall repair to a a sence * conspicuous spot in the vicinity of the fire attended by a lanthern to designate his station ; which sta- tion shall be the point of rendezvous of the Fire Masters, who, as they successively arrive, shall report themselves f>r duty to the acting Superin- tendant ; or, should no Superintendant be present, to the Fire Master acting as such. 2. That the Clerk of this Board shall give a* • • i.' ~ 4. *u • J Clerk to give notice in writing to the engineers, managers and not i ce & c . assistant managers of engines and the leaders of fire companies, that when they shall arrive at a fire they shall personally, or through their assis- 166 CITY ORDINANCES. Post to be assigned to Fire Masters. Fire Masters to exercise all Board. tants, report themselves to the acting Superin- tendant, or if no Superintendant be present, to the Fire Master having charge of the (anthem, who shall assign them their stations respectively. 3. That the acting Superintendant, or in the absence of the Superintendants, the Fire Master acting as such, shall assign one or more Fire Masters to each point requiring their care, as he shall deem expedient. 4. That the* Fire Masters, after having had their posts assigned them, shall at their respective posts, powereofthe exercise all the powers and duties which belong to this Board, but no post shall be left by all the Fire Masters assigned to them, unless for some cause, which shall be immediately reported to the acting Superintendant, or to the Fire Master acting as such. Provided, that no house shall be blown up without the concurrence of at least two Fire Mas- ters, and where time shall permit, the direction of the acting Superintendant shall be obtained. 5. That the acting Superintendant, or the Fire Master acting as such, shall assign so many fire engines to each post as he shall deem proper, whose managers shall obey only the orders of the Fire Masters who are assigned to the same post. 6. That if, in the progress of the fire, it shall New posts . ii ,■ i r-i- maybe as- become necessary to change tne posts or the l. All the operations at a fire shall be consid- ered as under the direction and control of the Fire Masters ; and any person who shall oppose, in- terfere with, or refuse to obey their directions, or AldermenJ duties. Operations to be under direction of Fire Masters. CITT ORDINANCES. 169 any of the regulations herein prescribed, or which may hereafter be prescribed by the City Council, or the Board of Fire Masters, with their consent, JJjjfifj shall be liable to a fine of not less than five dollars, not obeying nor more than twenty dollars; and any person Fire Master in any way interfering with the Fire Masters, may be arrested and removed beyond the line of op- erations, or committed, as the case may be. And for the purpose of carrying this regulation into full effect, an ordinance shall be passed by Council with suitable provisions. 7. That Council sanction the arrangement of p offire the Board of Fire Masters, by which not more engine com- than sixteen dollars per hour shall be allowed for paiues * the services of any fire engine company, to be ap- portioned among the members thereof. Approved and adopted by the City Council, and the Board of Fire Masters, November, 1836. ROBERT Y. HAYNE, Mayor. HENRY W. PERONNEAU, CA'n Board Fire Masters, No. 55. AN ORDINANCE to repeal so much of an Ordinance, as requires a three* Ratified 13th fold price for all badges over six. April, 1837. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by tlie authority of the same, „ . mi i /• i -• j i •/» t ' Tax on slaves Inat so much of the 14th section of an ordinance beyond six as requires that no inhabitant of Charleston shall ^aiS be permitted to have more than six Slaves to work out for hire, unless such inhabitant shall, for every 22 170 CITY ORDINANCES. slave over and above the aforesaid number, pay in a three-fold proportion for the Badge or Badges, under which any such Slave is to be classed as aforesaid, under penalty of twenty dollars, for each and every such Slave, be and the same is hereby repealed. Ratified in City Council, this thirteenth day of April , in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-first year of American Independence. ROBERT Y. HAYNE, Mayor ^^^ No. 56. I AN ORDINANCE to alter and amend an Ordinance, passed on the 28th day of March, 1837, entitled an Ordinance to raise supplies for the City Ratified, 13th of Charleston for the year 1837. April, 1837. v> ~ v "*- / Whereas the Council having decided that during their term, they will not carry out some of the ex- pensive improvements contemplated, it has been deemed proper to make a reduction in the Tax, to be levied by the Tax Bill, passed on the 28th day of March, 1837. Be it ordained by the Mayor and Aldermen of CJiarleston, in City Council assembled, and it is here- by ordained by the authority of the same, That Tax on real instead of the tax imposed on real property by uiered. the first section of the Ordinance, to raise supplies for the city of Charleston, for the year 1837. The following Tax shall be imposed thereon : that is to say, every house, building, wharf, lot, or other landed estate, shall be, and is hereby made liable to a tax of fifty cents, on every, hundred dollars on the value or estimate thereof: as the same was valued or estimated in the year 1836, by the late City CITY ORDINANCES. 171 Inquirer and Assessor, and not according to the valuation recently made thereof, by the present City Inquirer and Assessor. And the City In- quirer and Assessor, shall assess the said property accordingly on all the returns of property which may have already been made, or shall hereafter be made during the present fiscal year. 2d. And be it further ordained, by the autho- rity aforesaid, That the seventh section of the T a * °n • ii- i • i /. . i additional said ordinance, which imposes a tax ot twelve coach or dollars and fifty cents on every additional coach ^|™*j^ or carriage owned by any person who shall own not more than one pair of horses be, and the same is hereby repealed. 3d. And be it further ordained, by the autho- rity aforesaid, That all ordinances or parts of ordinances contrary hereto be, and the same are hereby repealed. Ratified in City Council, this thirteenth day of April, in the year of onr Lord one thousand eight hundred and thirty-seven, and in the sixty-first year of Ainericau Independence. ROBERT Y. HAYNE, Mayor. repealed. No. 57. AN ORDINANCE, to amend an Ordinance to provide for Lighting the Ratified. 9th City Lamps by Contract, and for other purposes, ratified the 5th of January, eighteen hundred and thirty. a Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, audit ■ ': is hereby ordained by the authority of the same, nh£ Jty 10 " 8 That for the purpose of lighting the City Lamps, Jjjfrjj" as directed in the above mentioned ordinance, the pSSnt •i. i 173 CITY ORDINANCES. Two Lamp- lighters to be elected. City be divided into two divisions ; the first or Southern division to comprehend that part of the City lying South of aline, to be drawn from Cooper River along the North side of Market-street, in- clusively ; Westwardly to Archdale -street, thence Northwardly to Beaufain-street, thence along the South side of Beaufain-street inclusively ; West- wardly to Ashley River ; and the second or North- ern division, to comprehend all that part of the City lying North of the said line, including the City Lands beyond Boundary-street subject how- ever, to such alteration as Council may at any time hereafter by ordinance or resolution prescribe with a view to the more equal or convenient division of the City. That one City Lamplighter shall be elected by Council on the 25th day of April inst. for each of said divisions ; to enter upon the duties of his office on the 1st day of May following and to hold their respective offices until the last Time of future day f October next. And that in future the said election bv *^ •■ Council. City Lamplighters shall be elected by Council in each and every year, at the time appointed and after the notice required in relation to the election of city officers, by the ordinance passed on the 8th day of October, 1806 ; the term of whose office shall commence the first day of November thereafter, and shall terminate on the last day of October. 2d. And be it further ordained, by the autho- rity aforesaid, That the said Lamplighters, so to be elected as aforesaid shall in their respective divisions perform all the duties, be liable to all the penalties, give the same security, and be in all respects subject to the same rules and regu- lations, as are prescribed or provided for in the ordinance above mentioned. And in the event of the dismissal of one of said Lamplighters from office, or other contingencies preventing the dis- charge of his duties, the City Council may in their discretion require the other Lamplighter, for a period not exceeding one month to fulfil all the Duties to be performed. CITY ORDINANCES. 173 duties of a City Lamplighter in both divisions of the city. 3d. And be it further ordained, by the autho- rity aforesaid, That in supplying the City Insti- Duties of clerk tutions with the requisite quantity of oil, the fol- ers^fSrfeu 1 lowing regulations shall be adopted, viz : The and Lamps. Clerk of the Commissioners of Streets and Lamps, under the direction of the Mayor, shall make an arrangement with the said Lamplighters for the supply of said Institutions, so that as near as may be, they may each furnish to said Institutions an equal quantity of oil. That, a regular account shall be kept of the quantity, and cost, of the oil so furnished by each, which account shall be ad- justed quarterly, so as to equalize the charge to each Lamplighter for the supply of said Institutions with oil. Ratified in City Council, this ninth day of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-first year of American Independence. ROBERT Y.HAYNE, Mayor. . . APPENDIX. ACTS OF THE LEGISLATURE, WHICH RELATE TO THE City Councils and the City of Charleston. AN ACT to give to the Judicial Magistrates of Charleston, exclusive right to sit on Courts for the trial of slaves and other persons of color — r>n is^q [Providing for the exclusive jurisdiction of the Magistrates — their compen- ' ^^, sation — the number of Freeholders necessary for a verdict — and the book to be kept.] Sec. 1. Be it enacted by the Senate and House of Repre- sentatives, now met and sitting in General Assembly, arid by the authority of the same, That the two Judicial Magis- trates elected for the city of Charleston by the Board of Magistrates, in pursuance of an act passed in December, one thousand eight hundred and thirty, entitled "An Act for the further regulation of Magistrates and Constables of the parishes of St. Philip and St. Michael," shall have exclusive right of presiding over all courts, in the said city Power of ma- of Charleston, organized for the trial of slaves and other ch^rtm, persons of color, charged with offences punishable by law; and fees, &c. and in such cases where the offence charged calls for two Justices to sit on the Court, as is the case in some instan- ces, the presiding Magistrate may call to his assistance, either the other Judicial or a Ministerial Magistrate : Pro- vided, the Ministerial Magistrate so called, be other than the one who brings up the cause of trial : And it shall be the duty of the Ministerial Magistrates, and they shall have the exclusive right of issuing all process in the said A li ACTS OF THE LEGISLATURE. court : and it shall be the duty of such Ministerial Magis- trate who institutes a cause for trial, to attend and con- duct the same as prosecuting officer: And the said Judi- cial Magistrates, and their assistants, in those cases where assistant Justices are required by law, shall each receive the sum of two dollars for docketing and trying each cause that shall be brought before them, to be paid as magis- trates are now paid in the trial of slaves and other persons of color : And the other or ministerial magistrates shall receive all other fees authorized by law in magistrate's cases, and the additional sum of twenty-five cents for attending and conducting each trial. Sec. 2. And be it further enacted by the authority afore- said, That when any slave or other person of color shall be charged with an offence not capital, a majority of the freeholders, with the concurrence of the presiding magis- On trial of trate, are hereby authorized and empowered to find the coior6u per- * sons, number verdict, and determine the nature and extent of the pun- necessary to ishment to be inflicted: but when the freeholders are convic , . unaiimious> the concurrence of the magistrate shall not be required : Provided, however, that on the trial of a slave, or other person of color, for any capital offence, the unani- mous concurrence of the freeholders, and also of one of the principal magistrates, shall be necessary to conviction. Sec. 3. And be it further enacted, That the Judicial Magistrates shall open a docket book, and keep it open Magistrates to every day, during the sitting of the Magistrate's court, for book a docket the trial of causes small and mean, in which shall be en- tered all cases for the trial of slaves and other persons of color ; and upon which entry being made, the Judicial Magistrate presiding, shall appoint the time when the trial shall be had. In the Senate House, the twentieth day of December, in the year of onr Lord one thousand eight hundred and thirty-two, and in the fifty-sev- enth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of tlic Senate. H. L. PINCKNEY, Spmkerofthe House of Representatives. "v. ACTS OF THE LEGISLATURE. Hi AN ACT to regulate the Militia of the parishes of St. Philip and St. Michael, Passed Dec. and for other purposes — [Providing for the review and inspection of the 20, 1832. Brigade, Board of Officers, fines, &c] v-^v - ^/ Sec. 1. Whereas from the location of the Regiments and corps, composing the militia of the Parishes of St. Philip and St. Michael, they can be conveniently as- sembled as a body for inspection, exercise and review, to their manifest advantage in point of discipline and effi- ciency : Sec. 2. Be it therefore enacted by the Honorable the Seag- ate and Home of Representatives, now met and sitting in General Assembly, and by tlie authority of the same, That from and after the passing of this act, it shall and may be Parades of 4th lawful for the Brigadier General or officer commanding Bn g aJe - the fourth brigade, in the second division of the militia of this State, to order the several regiments and corps com- posing the militia of the said parishes, to parade for in- spection, exercise and review, twice in each and every year ; parades for such purposes to be enumerated as a part of the six company parades, now annually required by law. Sec. 3. Be it further enacted by the authority aforesaid, That the Brigadier General of the said Brigade, be and „ . ,. „ he is hereby constituted a member and the presiding offi- end to preside cer of the board of field officers, residing in said parishes, over board of empowered by the act of 1809 to purchase a parade ground ° lcers ' c " for the use of the militia of the said parishes. Sec. 4. And be it further enacted by the authority afore- said, That the Brigadier General of the said brigade be and he is hereby authorized and required to appoint a collector of the militia fines for the said parishes, whose Collector ap- duty it shall be to collect all fines now imposed or hereaf- ' ter to be imposed, for neglect of militia duty, on the militia of said parishes, and who shall be clothed with the same authority and power, as are now vested by law in the col- lectors of militia fines throughout the State, and who shall receive as a compensation for his services, a sum not ex- ceeding twenty-five per cent, on all monies collected, to- gether with the usual fees allowed to magistrates and constables, to be collected from the parties if able to pay, in all cases where executions shall be issued. Sec. 5. And be it further enacted by the authority afore- said, That the fines so collected shall form a common Disposition of fund for the militia of said parishes, to defray the expen- IV ACTS OF THE LEGISLATURE. ses incident to their company and other parades, and in general to be appropriated to their use, and disbursed under the direction of the board of officers aforesaid, com- posed of the Brigadier General and field officers residing within the said parishes : And whereas some difficulty has arisen in relation to courts-martial ordered to be held on the commissioned officers, non-commissioned officers and privates, who may compose the fire guard of the city of Charleston, for default of duty and other military offences, for remedy whereof: Sec. 6. Be it further enacted by the authority aforesaid, That from and after the passing of this act, the Brigadier Courts-martial General of the fourth Brigade, or in his absence from the parishes of St. Philip and St. Michael, the senior officer of the militia of said parishes, shall have full power and authority to order courts-martial on all officers, non-com- missioned officers and privates, composing the aforesaid guard, who shall fail to attend in case of alarm from fire, and when ordered to mount guard and for relief of the same, and for other military offences, at such times and in such manner as may be deemed fit and proper ; and that the proceedings of such courts-martial shall be ap- proved or disapproved by the officer so ordering the same. Sec. 7. Be it further enacted by the authority aforesaid, That all acts and parts of acts repugnant to this act, be and the same are hereby repealed. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-two, and the fifty-seventh year of the Sovereignty' and Independence of the United States of America. H. DEAS, President of the Senate. H. L. PINCKNEY, Speaker of the House of representatives. p , y. AN ACT to enlarge and extend the powers of the Governor, and of the 20 1832 City Council of Charleston, over Quarantine, and for other purposes — [Providing for the power of the Governor, and in his absence the Council, over Quarantine — concerning infected and wrecked vessels, and penal- ties, &c] Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Gov- ernor of the State and the City Council of Charleston, at ACTS OF THE LEGISLATURE. V all times when the Governor shall be absent from Charles- Authorising ton, shall have full power and authority to establish and c^colmcil regulate the Quarantine to be performed by all vessels of Charleston arriving within the harbor of Charleston : and for that J^JJgjJjJ^ purpose, shall be empowered to make and ordain all such rules and regulations relating to the said Quarantine, as may be deemed necessary from time to time by the Gover- nor, and in case of his absence from the city, by the City Council of Charleston, for the safety of the public, and the security of the health of the city. Which orders, rules and regulations, shall, and may extend to all such vessels and their cargoes, and to ail persons arriving in said ves- sels with their effects, and to such persons as may go on board of such vessels after their arrival in the harbor of Charleston, and also to every matter or thing relating to or connected with such vessels, their cargoes, crews or passengers, or to any persons going on board, or return- ing from such vessels; and such orders, rules and regula- tions, so as aforesaid established, made and ordained, shall be obeyed by all persons, and shall continue to be in force from and after the time when the same shall have been published in two newspapers printed in the city of Charleston, until the same are altered or repealed by the said Governor of the State, or in his absence from the city, by the said City Council; and every person who shall knowingly or wilfully violate, offend against, or disobey any such rules, orders or regulations, so as aforesaid made, established and ordained by the Governor of the State, or in case of his absence of the city, by the City Council of Charleston, shall, upon being convicted thereof upon indictment, in the Court of General Sessions, be im- prisoned for a period not exceeding twelve months, and be fined in a sum not exceeding two thousand dollars, for each and every such offence. Sec. 2. And be it further enacted, That the Governor of the State, and in his absence from the city, the City Coun- cil of Charleston, shall have power at all times, to cause any vessel arriving in the harbor of Charleston, which is foul and infected, or whose carofo is foul and infected with any malignant or contagious disease, to be removed or placed upon such quarantine ground as may be designated by the Governor or the City Council, as the case may be, In " ec{e; j ves . and the same to be thoroughly cleansed and purified, atse'stobe the expense and charge of the owners, consignees or pos- cleansed, sessors of the same; and also cause all persons arriving in or going on board of such infected vessel, or handling such Tl ACTS OF THE LEGISLATURE. Quarantine regulations to extend to wrecked ves- sels. Infected ves- sels to leave the State. Penalties for violation of quarantine. Authorising vessel to be fired upon. infected cargo, to be removed to such place as may be designated by the Governor or City Council, there to re- main under the orders of the Governor or City Council : all expenses incurred on account of the aforesaid Quaran- tine rules, orders and regulations, shall be paid by the per- sons on whose account they are so incurred. Sec. 3. Be it further enacted, That the powers and au- thority by this act, vested in the Governor and City Coun- cil to establish and regulate Quarantine, shall extend to all vessels stranded or wrecked on any part of the sea coast and islands within twenty miles of the city of Charleston, their cargoes, passengers and crews, and to all persons going on board, or returning from vessels so stranded or wrecked. Sec. 4. Be it further enacted, That the Governor of the State, and in his absence the City Council of Charleston, shall have full power and authority to order any vessel arriving within the harbor of Charleston with a malignant or contagious disease or distemper on board any such ves- sel, or with the crew or passengers infected with the same, to depart the State at such time and upon such notice as the Governor or City Council shall think proper and most consistent with the safety and health of the said city of Charleston. Sec. 5. And he it further enacted, That all fines and for- feitures and penalties now provided by the laws of the State for the violation of the Quarantine Laws, or diso- bedience of the orders of the Governor, establishing Quar- antine regulations under any acts of the General Assem- bly of this State, shall be recovered by indictment in the Court of Sessions, and all persons offending against the same, upon conviction, shall be liable to imprisonment not exceeding twelve months, in addition to such fines, for- feitures and penalties. Sec. 6. Be it further enacted, That all laws of the State investing the Governor with power and means to enforce the observance of the Quarantine, shall extend to the en- forcement of such rules and regulations as shall be made and established for Quarantine purposes, under the au- thority of this act. Sec. 7. Be it further enacted, That any vessel which shall be restrained under Quarantine Laws, and shall at- tempt to violate the same, may be fired upon and detained by force of arms. Sec. 8. And be it further enacted, That any pilot who shall bring or attempt to bring into any port in this State, ACTS OP THE LEGISLATURE. vii any vessel, or the whole or any part of the crew, passen- gers or cargo, beyond the places appointed for her exam- ination, without such vessel being examined according to penalty for vi- law, shall, in addition to the penalties of one hundred pounds olation by pi- sterling, to which such Pilot is now subjected by the laws lots " of the State, be deprived of his branch as a Pilot. Sec. 9. And be it further enacted, That all the powers and authority by this Act, given to the Governor and City Council of Charleston, be and the same are hereby vested F ?^ e n gra ^ in the Intendant and Wardens of the Towns of Beaufort f Beaufort and Georgetown respectively, in cases of vessels arriving and George- in the harbors of either of the said Towns, or arriving or own ' being wrecked or stranded on the sea coast or islands within twenty miles of the said Towns of Beaufort and Georgetown. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Independence of the United States of America. H. DEAS, President of the Senate. H. L. PINCKNEY, Speaker of the House of Representatives. AN ACT to incorporate the Sumter (late Jackson) Guards. (See Acts of Passed Dec* Assembly of 1832, page 42.) 20,1832. AN ACT to renew the charter of the South-Carolina Bank. (See Acts of p , n Assembly of 1832, page 64.) 20 1832 AN ACT for the further regulation of Magistrates and Constables in the p asge d Dec, Parishes of St. Philip and St. Michael— [Providing the duties ofMagistrates 19, 1833. in cases of forcible entry or detainer — concerning a Jury of Freeholders, how to be selected — repealing the act requiring Magistrates Courts to be held every day — establishing the fees, &c] Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, noio met and sitting in General Assembly, That in all questions on complaint between mas- ter and apprentice ; in all cases of holding over after de- termination of lease, between landlord and tenant, under an act passed in 1812, entitled "An Act to afford land- viii ACTS OF THE LEGISLATURE. lords or lessors an expeditious and summary mode of gain- ing re-possession from tenants or lessees who shall hold Duty of the over a f ter determination of their leases," and the amend- ministerialma-atory act passed in 1817; and in all cases of forcible entry gistrate. an( j detainer, it shall be the exclusive duty of the ministe- rial magistrate to prepare the case for trial, summon the parties, present the cause for docketing, attend and con- duct the trial as prosecuting officer, exactly as is now done by them on the trial of slaves and free persons of color; and it shall be the duty of the judicial magistrates to open a docket book for these three classes of cases, and be governed in all things relating thereto, as they are re- quired to be on the trial of slaves and free persons of color. The compensation of the judicial magistrate and his col- leagues shall be to each, the sum of live dollars, and that of the ministerial magistrate, five dollars, in lieu of all other charges, the costs to be paid by the party cast in the suit, — Provided always, if the defendant should be cast in the suit, and should prove unable to pay the costs, nothing herein contained shall prevent the plaintiff from being liable for the said costs, as well as those accruing to the constable. Sec. 2. Be it further enacted, That from and after the first day of February next, which will be in the year of our Lord one thousand eight hundred and thirty-four, all sons teuton freeholders or slaveholders to sit on the trial of slaves or trials. free persons of color, and all jurors to sit on causes be- tween landlord and tenant, under the acts aforesaid of 1812, and the amendatory act of 1817; and in all cases of forcible entry and detainer, the freeholders or slave-hold- ers, and jurors aforesaid, shall be drawn by the ministe- rial magistrate, in the presence of the judicial magistrate, at the time of docketing the cause for trial, from a box to be kept by the judicial magistrates for that purpose, in which box there shall be two apartments,- marked Nos. 1 and 2. Sec. 3. Be it further enacted, That to enable the magis- trates aforesaid, to carry the clause last aforesaid into effect, the Board of Magistrates shall, before the said first day of February next, and once at least in every three Jury boxes to years thereafter, procure from the Treasurer of the city &ekept. of Charleston, a list of such persons as may be liable to serve as freeholders, or slaveholders, or jurors, and the names thus procured shall be placed in apartment No. 1, in said box, and be thence drawn and deposited from time to time, as they may be drawn, in apartment No. 2 r I ACTS OP THE LEGISLATURE. IX until apartment No. 1 be entirely exhausted, when the contents of apartment No. 2 shall be transferred to No. 1, and the mode repeated. Sec. 4. Be it farther enacted, That so much of the act entitled "An act for the better administration of justice, in the trial of causes small and mean within the parishes of St. Philip and St. Michael, and for other purposes therein mentioned," passed in 1827, as requires the ma- gistrate's court to be held every day in the week, Sundays excepted, for the trial of causes small and mean, be and Certain act re the same is hereby repealed, and instead thereof there P ealed - shall be a magistrate's court, for the trial of causes small and mean as aforesaid, three days in each week, to be selected by the board of magistrates. Provided, however, . that nothing herein contained shall prevent additional courts being held, if cases of emergency, (of which emer- gency the judicial magistrate shall determine) should re- quire such additional court to be held. Sec. 5. Be it further enacted, That in all cases ofdis- • ;resses for rent under the sum of twenty dollars, the fees :o magistrates and constables shall be paid by the tenant )r lessee, if he be able, if not, by the landlord or lessor. Provided, however, the tenant or lessee shall not be liable for the fees, if the question whether he be in arrear for rent or not, be determined in his favor by the judicial magistrate. The fees shall be as follows : MAGISTRATE. Affidavit, - - - . - $00 31 J Warrant, - 50 For carrying up cases for adjudication before • i- • i ° •. . J j .. Magistrates judicial magistrate, summons and witnesses and constables included, - 1 00 fees. Commissions for selling, 5 per cent, on sums levied and rendering account sales. o CONSTABLE. Serving warrant and levy, - 75 Notice and schedule, - 50 For attending to removal of property and ap- praisement, - - - - 1 00 Sec. 6. Be it further enacted, That in all cases of dis- tresses for rent, above the sum of twenty dollars, the fol- lowing shall be the legal charges, and shall be paid by the tenant or lessee. Provided always, nothing herein con- tained shall prevent the landlord or lessor being liable, if B < fees X ACTS OF THE LEGISLATURE. the tenant or lessee should prove unable to pay the costs. MAGISTRATES. Affidavit, ... - $00 31i . ^ Warrant, - - - - 1 00 andPcoustables Commissions on the sales, and rendering ac- > count sales, 2£ per cent. } CONSTABLE. Serving Warrant, - 1 00 Levy, - - - - 1 00 For attending to removal of property, - 1 00 Notice, - - - - 1 00 Commission on the sales, and rendering ac- count sales to the magistrate, 2J per cent. Sec. 7. Be it farther enacted, That for taking renuncia- tion of dower or inheritance, a magistrate shall be enti- tled to two dollars, and for executing indentures of ap- prenticeship, two dollars. Sec. 8. Be it further enacted, That all acts and parts of acts repugnant hereto, or any part thereof, be and the same are hereby repealed. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-three and in the fifty- eighth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of the Senate. PATRICK NOBLE, Speaker of tlie House of Representatives. Fc^-Kiqq 6 ' ^N ACT to repeal an Act exempting the members af the Vigilant, Phcenix, ^Etna, and Charleston Fire Engine Companies of Charleston, from jury duty. . Sec. 1. Be it enacted by the Honorable he Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the game, That an act entitled "An Act to exempt the members of the Vigilant, Phoenix, /Etna, and Charleston Fire Engine Companies of Charleston from jury duty," passed the seventeenth ACTS OF THE LEGISLATURE. XI day of December, in the year of our Lord one thousand eight hundred and thirty one, be and the same is hereby repealed. In theSenateHouse,the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-three, and in the fifty-eighth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of the Senate. PATRICK NOBLE, Spealicr of the House of Representatives. AN ACT more effectually to prevent the illicit traffic in Cotton, Rice, Corn, Passed Dec. or Wheat, with slaves andfiee persons of color — [Providing forthe penalty 17, 1S34. incase of violation — what shall be evidence — and an especial provision with ^^-v^-' a penalty for purchasing Cotton or milled Rice from free persons of color in the parishes of St. Philip and St. Michael without a permit of his guardian.] Sec. 1. Be it enacted by the Honorable the Senate and Pena , ,t -^. ^ r House of Representatives, now met and sitting in General Cotton, rice,in- Assembly, and by the aid Ivor it.y of the same, That from and diau cora « or after the first day of February next, if any shop-keeper or^^g rom trader, shall directly or indirectly, purchase from any slave, any Cotton, Rice, Indian Corn, or Wheat, either with or without a permit, such shop-keeper or trader shall for every such offence, upon conviction thereof, be lined in a sum not exceeding one thousand dollars, and be imprisoned for a term not exceeding twelve months, nor less than one month. Sec. 2. If any shop-keeper or trader shall receive any Cotton, *Rice, Indian Corn, or Wheat, from any slave, he j* hat % evl " * cigiicg oi pur- or she shall be presumed to have purchased the same, and chase. the burthen of proof, that the same was not purchased, shall not lie on the person charged or accused. Sec. 3. In all cases of buying and selling any Cotton, - Rice, Indian Corn, or Wheat, contemplated and included The act of in the preceding sections of this Act, the act of the clerk is the ° ct f tne or agent of any shop-keeper or trader, shall be considered principal. the act of the shop-keeper or trader himself, and done by his authority; subject, however, to proof to the contrary. Sec. 4. If any person, other than the owner, or indivi- dual, having charge of any slave or other person author- Penalty for ized by such owner or individual having charge asS lvlll g a P ermit - to sell witnout aforesaid, shall write or give such slave a permit, authority, either in his own name, or any other name, to sell or trade in any article or commodity, for the sale where- XII ACTS OP THE LEGISLATURE. Penalty for purchasing cotton, or mill- ed lice from free persons of color in the parishes of St. Phillips andSt. Michaels. of, or trading in which, a permit is now required by law, he or she shall, if a white person, be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one thousand dollars, nor less than two hundred dollars, (one half whereof shall go to the informer,) and he or she shall be imprisoned not less than one month; and if a free person of color, or slave, shall be whipped according to the discretion of the magistrates and free-holders before whom he or she is convicted. Sec. 5. That if any shop-keeper or trader, within the parishes of St. Philip and St. Michael, shall, directly or indirectly, purchase or receive from any free person of color residing within the said parishes, any Cotton or Milled Rice, such shop-keeper or trader, shall, for every such offence, upon conviction thereof, be liable to all the penalties imposed by this act, on shop-keepers or traders purchasing from slaves, unless such free person of color shall have the written permit of his guardian to sell such Cotton or Milled Rice. In the Senate House, the seventeenth day of December, in the yenr of our Lord one thousand eight hundred and thirty-four, and the fifty-ninth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of tlie Senate. PATRICK NOBLE, Speaker of the House of tteprcsentatires. Passed Dec. AN ACT incorporating another Bank in Charleston. (See Acts of Assem- 17, 1834. bly, of 1834, page 23.) Passed Dec. AN ACT to establish the Atlantic Steam Packet Company. (See Acts of 17, 1834. Assembly of 1834, page 33.) Passed Dec. AN ACT to incorporate the Charleston Cotton Seed Oil Manufacturing 17,1834. Company. (See Acts of Assembly of 1834, page 46.) 18 1835 * AN ACT to cause surveys for a Rail Road between Cincinnatti and Charles- . ton. (See Acts of Assembly of 1S35, page 16.) ACTS OF THE LEGISLATURE. Xlll AN ACT to authorise the City Council of Charleston to shut up certain j > ( ? s ^o- I)eC ' streets, near the Market, in Charleston, and for other purposes. ' Sec. 1. Be it enacted by the Senate and House of Repre- sentatives, now met and sitting in general Assembly, and by the authority of the same, That the City Council of Charles- Power to lay ton be, and they are hereby authorized and empowered, to ^ne wstreet8 shut up, close and discontinue, any of the streets, lanes, and alleys within the square in the City of Charleston, bounded by Pinckney-street on the North, Anson-street on the East, Market-street on the South, and Meeting- street on the West, and to open, lay out, extend and estab- lish any new-streets, lanes and alleys within those limits, of such width and dimensions as by the said City Council may be deemed expedient. Sec. 2. And be it further enacted, That the lands now Right of old forming any of the streets, lanes, and alleys, within the stl ^ t et j • c„ un _ limits herein designated, which may be shut up, closed and c ii. discontinued by the City Council under the authority of this Act, be and the same are hereby vested in the City Council of Charleston in fee simple. Sec. 3. And be it further enacted, That in case any own- Method of ap- er or owners of any lot or lots in fee simple or in leasehold, portioning the with the building or buildings thereon, fronting on sueh™|"'.; ° pr ° street, lane, or alley, which may be closed up and discon- tinued under the authority of this Act, or through which any new street may pass or be made, shall refuse to sell his, her or their lot or lots, leasehold or buildings, or shall demand for the same what may be deemed by the City Council an unreasonable price, then the City Council shall nominate and appoint not less than three freeholders, re- sident in the City, who shall meet an equal number to be named and appointed on the part of such owner or own- ' ers, to determine and fix upon the true and real value of - such lot or lots, leasehold or buildings, with the full power in the Commissioners appointed as aforesaid, in case of disagreement, to call in one other Commissioner, and on the City Council paying the full value of such lot or lots, leasehold or buildings, fixed and determined in the manner above designated, the absolute estate of the said lot or lots, leasehold and buildings, shall be vested in them. Sec. 4. And be it further enacted by the authority afore- said, That in case of the neglect or refusal of the owner Method to be or owners of the lot or lots, leasehold or buildings, to be r ef n S s "lof ow valued as aforesaid, to appoint freeholders on their part ers. to meet those appointed by the City Council, within ten on own- XIV ACTS OF THE LEGISLATURE. days after notification in writing of the appointment of the Commissioners on the part of the City Council, the Board of Commissioners appointed under the Act of 1817, to de- clare in what cases, streets, lanes, and alleys of the City of Charleston shall be widened, on the application of the City Council, are hereby authorized to name and appoint Commissioners to act on the part of such owner or owners, equal in number to those appointed by the Council, and full power is hereby given to a majority of said Joint Com- missioners in case of disagreement as to the value of said lot or lots, leasehold or buildings, to call in one other Com- missioner, and the decision of a majority of said Joint Commissioners or of said additional Commissioner so call- ed in, upon their disagreement as aforesaid, shall be final and conclusive. Sec. 5. And be it further enacted, That all Acts and Repugnant parts of Acts repugnant hereto, be and the same are here- acts repealed, by repealed. Sec. 6. And be it further enacted, That the Field Orfi- To inclose in- cers °f the 4th Brigade, residing in the city of Charleston, spection street, be and are hereby authorized, by and with the sanction and consent of the City Council of Charleston and Dr. Henry Boylston, to inclose Inspection-street at both ends with gates, and to regulate the use of said street in such man- ner as they may deem proper. In the Senate House, the nineteenth da}* of December, in the year of our Lord one thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty and Independence of the United States of America, H. DEAS, President of the Senate. PATRICK NOBLE, Speaker of the House of Representatives. p , n AN ACT more effectually to prevent free negroes, or other persons of color, 19 1835 " from entering the State and for other purposes [making it the duty of the v^-v/—^>» Marshals inCharleston to seize such — directing proceedings against, the penalties, &c] Prohibiting ^ec. ^' Be ^ enacted by the Senate and House of Repre- their entrance sentatives, now met and sitting in general Assembly, and by into this State. ^ au tfi rity of the same, That, from and after the passing of this act, it shall not be lawful for any Free Negro or Person of Color to migrate into this State, or be brought or introduced into its limits, under any pretext whatever, by land or by water; and in case any Free Negro or Per- son of Color, (not being a seaman on board any vessel ar- ACTS OF THE LEGISLATURE. XV riving in this State,) shall migrate into or be introduced into this State contrary to this act, it shall and may be lawful for any white person to seize and carry him or her j) ut y of offi- before any magistrate of the District or Parish where he cers upon in- or she may be taken, and it shall be the duty of the Sheriff fonnatl(m ' or any Constable in the Parish or District in which said entry shall be made, and of the City Marshals in the City of Charleston, should the entry be made in Charleston, upon information of the migration or introduction of any such Free Negro or Person of Color, to arrest and bring before some magistrate of the District or Parish where the said Fiee Negro or Person of Color shall be taken; which magistrate is by this Act empowered to commit to prison, or at his discretion to hold to bail such Free Negro or Person of Color, and to summon three freeholders and form a court as the law directs for the trial of Persons of Color, and examine such Free Negro or Person of Color, within six days after his or her arrest, and on conviction to order him or her to leave the State, and to commit such Free Negro or Person of Color so-convicted to close prison until such time as he or she can leave the State; or to release him or her on sufficient bail for any tirrie not ex- ceeding fifteen days, at the discretion of the magistrate. And every Free Negro or Person of Color, so bailed, and ordered to leave the State as aforesaid, who shall not have . left the State within the time for which he or she shall have been released on bail, or who, having left the State after conviction as aforesaid, shall return into the same, shall be arrested and committed to close prison as aforesaid, and upon proof before a court, to be constituted as this- act directs, of his or her having failed to leave the State a» aforesaid, or of his or her having returned into the State, after having left the same as aforesaid, he or she shall be Penalty form* subjected to such corporal punishment as the said court, leaving the in their discretion, shall think fit to order. And if, after te " said sentence or punishment, such Free Negro or Person of Color, shall still remain in the State longer than the time allowed, or having left the State, shall thereafter re- turn to the same, upon proof and conviction thereof, before a court to be constituted as hereinbefore directed, he or she shall be sold at public sale as a slave, and the proceeds of such sale shall be appropriated and applied, one half thereof to the use of the State, and the other half to the use of the informer. Sec. 2. Ami be it further enacted by the authority afore- g^fTs dutr , said, That it shall not be lawful for any Free Negro or ' XVI ACTS OF THE LEGISLATURE. Person of Color to come into this State on board any ves- sel, as cook, steward or mariner, or in any other employ- ment on board such vessel; and in case any vessel shall ar- rive in any port or haibor, of this State from any other State or foreign port, having- on board any Free Negro or Person of Color employed on board such vessel as a cook, steward, or mariner, or in any other employment, it shall be the duty of the Sheriff of the District in which such port or harbor is situated, immediately on the arrival of such vessel, to apprehend such Free Negro or Person of Color so arriving contrary to this act, and to confine him or her closely in jail until such vessel shall be hauled off from the wharf and ready to proceed to sea; and that when said vessel is ready to sail, the captain of the said vessel shall be bound to carry away the said Free Negro or Person of Color, and to pay the expenses of his or her detention. And in every such case it shall be the duty of the Sheriff aforesaid, immediately on the apprehension of any Free Negro or Person of Color, to cause said captain to enter into recognizance with good and sufficient security in the sum of one thousand dollars, for each Negro or Per- son of Color so brought or introduced into this State, that he will comply with the requisitions of this act, and that on his neglect, refusal, or inability to do the same, he shall be compelled by the Sheriff aforesaid to haul said vessel into the stream, one hundred yards distant from the shore, and remain until said vessel shall proceed to sea. And if said vessel shall not be hauled off from shore as aforesaid, on the order of the Sheriff aforesaid, within twenty four Penalty of hours after said order, the captain or commanding officer masters of ves f sa [^ vessel shall be indicted therefor, and on conviction, forfeit and pay one thousand dollars, and suffer imprison- ment not exceeding six months. Sec. 3. And be it further enacted by the authority afore- said, That whenever any Free Negro or Person of Color shall be apprehended and committed to jail, as having ar- ien s uty. r jy e( j m auv vesse i m the capacity of cook, steward, mari- ner, or otherwise contrary to this act, it shall be the duty of the Sheriff, during the confinement in jail of such Free Negro or Person of Color, to call upon some Justice of the Peace or Quorum, to warn such Free Negro or Person • of Color never to enter the said State after he or she shall have departed therefrom, and such Justice of the Peace or Quorum shall, at the time of warning such Free Negro or Person of Color, insert his or her name in a book to be provided for that purpose by the Sheriff, and shall therein " ACTS OF THE LEGISLATURE. xvil ,••■■* specify his or her age, occupation, height, and distinguish- ing marks, which book shall be good and sufficient evidence of such warning; and said book shall be a public record, and be subject and open to the examination of all persons who may make application to the Clerk of the Court of General Sessions, in whose office it shall be deposited. And such Justice shall receive the sum of two dollars, pay- able by the captain of the vessel, in which said Free Negro Justlce ' 9 fee9 » Person of Color shall be introduced into this State, for the services rendered in making said entry. And every Free JVegro or Person of Color who shall not depart the State, m case of the captain refusing or neglecting to carry him or her away, or having departed, shall ever again enter into the limits of this State by land or by water, after hav- ing been warned as aforesaid, shall be dealt with as the first section of this act directs in regard to Persons of Color who shall migrate or be brought into this State. Sec. 4. And be it further enacted by the authority afore- p enaItT f r said, That it shall not be lawful for any master or captain troducingFree of any vessel, or for any other person to introduce or to Negroes °r, bring into the limits of this State any Free Negro or Per- i or j nt0 t ^ e son of Color as a passenger, or as a cook, mariner, stew- State. ard, or in any other capacity, on board of such vessel whose entrance into this State is prohibited by this act; and if any master or captain of any such vessel as aforesaid shall bring or introduce into this State any such Free Negro or Per- son of Color, whose entrance is prohibited as aforesaid, or if any other person shall introduce by land, as a servant, any Free Negro or Person of Color v every such person shall for the first offence be indicted therefor, and on con- viction be fined in a sum not exceeding one hundred dol- lars; and for the second offence be liable to forfeit and pay, for each Free Negro or Person of Color so brought into this State, the sum of one thousand dollars, and shall more- over be liable to be imprisoned for any term of time not ex- ceeding six months; and suchFreeNegro or Person of Color so introduced, whose entrance into this State is prohibited as aforesaid, shall be dealt with as is prescribed in the first section of this act. Sec. 5. And be it further enacted by the authority afore- -p^^ f or said, That it shall not be lawful for any Free Negro or returning after Person of Color, who has left the State at any time pre- Jf *^ the # vious to the passing of this act, or for those who may here- after leave the State, ever to return again into the same, without being subject to the penalties of the first section of this act as fully as if they had never resided therein. State. Xvm ACTS OF THE LEGISLATURE. Sec, 6. And be it further enacted by the authority afore' Not lawful to said, That it shall not be lawful for any citizen of this fronf foreign State or other person to bring into this State, under any parts. pretext whatever, any slave or slaves from any port or place in the West Indies, or Mexico, or any part of South America, or from Europe, or from any sister State, situat- ed to the North of the Potomac river, or the City of Wash- ington. Neither shall it be lawful for any person to bring Slaves taken into this State, as a servant, any slave who has been car- out of the State r i e( j out f th e game, if at any time during the absence of brought back such slave from this State, he or she hath been in ports or^ again. places situated in Europe, in the West Indies, or Mexico, ■ or any part of South America, or in any State North of the Potomac or City of Washington; and any person who shall bring into this State any slave, contrary to the mean- ing of this act, shall forfeit and pay the sum of one thou- sand dollars for each such slave, to be recovered in an > -action of debt in any court having jurisdiction, and each and every such slave shall be forfeited as is hereinafter provided by this act; Provided, that nothing herein con- tained shall prevent any owner from bringing into this . State any runaway slave who may have been retaken. Sec. 7. And be it further enacted by the authority afore- ^ s [ ower ia said, That it shall and may be lawful for any white per- son, on the arrival of any slave into this State from any other State or foreign port, to arrest and carry him or her before some magistrate of the District or Parish where he or she may be taken, and it shall be the duty of the Sheriff or any Constable of the District or parish into which such slave shall be brought as aforesaid, on information given, to arrest any slave arriving, brought or introduced into this State, from arty other State or foreign port, and carry him or her before some, magistrate as aforesaid, who shall forth- with commit such slave or slaves to prison, and there keep him or her until the owner or person introducing such slave or slaves into this State shall make oath that at no time N during the absence of such slaves from this State, he, she or they have been in any part or place prohibited by this act; and should such owner or person introducing such slave or slaves neglect or refuse to make such oath, for the space often days after he or she shall have received notice, of the arrest of such slave orslaves, and of the cause there- of, it shall be the duty of the magistrate aforesaid, to form Method of a court of two magistrates and five freeholders, and on ommig co. 'p roo f tothe satisfaction of such court, that such slave or slaves have been beyond the limits of this Slate., and that 'to ACTS OF THE LEGISLATURE. XIX such owner or person who shall have introduced them into this State as aforesaid, after having been duly served with the notice of such slave or slaves having been arrested as aforesaid, and of the cause of such arrest, has neglected or refused to make oath as aforesaid, it shall then be lawful How slaves for said court to order the said slave or slaves to be sold an d m0 ney at public sale, and the proceeds of such sale shall go and appropriated. be appropriated, one half to the State and the other half to the use of the informer. Sec. 8. And be it further enacted by the authority afore- said, That all Free Negroes and Persons of Color, and all Cases of ex- other persons, shall be exempted from the operation of this em P tlon - act, where such Free Negroes or Persons of Color, and slaves, have arrived within the limits of this State by ship- wreck, stress of weather, or other unavoidable accident. But such Free Negroes or Persons of Color, and slaves, shall be, nevertheless, liable to arrest and imprisonment, as is provided by the second section of this act, for all Free Negroes or Persons of Color migrating or introduced into this State contrary to law; and each Free Negro or Person of Color, and slaves, and all other persons shall be subject ^ to all the other penalties of this act, if the requisitions of {$ the same be not complied with, within thirty days after such shipwreck, stress of weather, or other unavoidable accident. Sec. 9. And be it further enacted by the authority afore- said, That this act shall not extend to Free Negroes r Cas ^ Sofex " Persons of Color, who shall arrive in any port or harbor of cep 10n ' ■ this State, as cooks, stewards, mariners, or as otherwise employed, in any vessel of war of the United States' Navy, or on board of any national vessel of the navies of any of the European, or other powers in amity with the United States, unless said Free Negroes, or Persons of Color, shall be found on shore after being warned by the Sherifl, or his deputy, to keep on board their vessels. Nor shall • this act extend to Free Ameiican Indians, Free Moors or Lascars, or other colored subjects of countries beyond the I Cape of Good Hope, who may arrive in this State in any merchant vessel. Sec. 10. And be it further enacted by the authority afore- said, That in case any master, or mate, of any vessel, on Pena,tv on musters ot vei* his arrival, shall make any false return to the Sheriff, or se i s for false his deputy of the number of persons he may haveon board, returns, &c. whose entrance may be prohibited by this act, he shall forfeit and pay the sum of one thousand dollars, to be recovered by an action of debt, in any court having juris- XX ACTS OF THE LEGISLATURE. diction; and any master of a vessel, or other person, op- posing the Sheriff, or his deputy, or any Constable or Mar- shal, in the execution of his duty under this act, and all persons aiding and abetting him therein, shall be liable to be indicted, and on conviction, fined not exceeding one thousand dollars, and be imprisoned for any term, not ex- ceeding six months. Sec. 11. And be it further enacted by the authority ' afore- cerTforneg- ' said, That any Sheriff, Constable, or Marshal, who shall lect of duty, wilfully neglect or refuse to perform the duties required by this act, shall forfeit and pay five hundred dollars, one half to the informer and the other half to the use of the State, to be recovered by action of debt, in any court hav- ing jurisdiction. Sec. 12. And be it further enacted by the authority afore- said, That all prosecutions under this act, may be main- tained without limitation of time; Provided, however, that no prosecution shall be permitted against the masters of . vessels, or any other white persons from any part of the United States in less than three months, or against cap- tains of vessels from foreign ports in less than six months, after the passing of this act. Sec. 13. And be it further enacted by the authority afore- Repealofre- said, That so much of an act passed on the twentieth of pugnan . j) ecem k er) one thousand eight hundred and twenty, enti- tled "An act to restrain the emancipation of slaves, and to prevent Free Persons of Color from entering into this State, and for other purposes;" and also so much of ano- ther act passed on the twenty-first day of December, one thousand eight hundred and twenty-two, entitled "An act for the better regulation and government of Free Negroes and Persons of Color, and for other purposes," as are re- pugnant to this act. and so much thereof as makes it the duty of the harbor master to report to the Sheriff the arri- val of all Free Negroes in the harbor of Charleston; and also an act passed on the twentieth day of December, one thousand eight hundred and twenty-three, entitled "An act the more effectually to prohibit Free Negroes and Per- sons of Color from entering into this State, and for other purposes," be and the same are hereby repealed. Sec. 14. And be it further enacted by the authority afore-' to < SaSy 1 S ted * aW » That no Free Ne g ro > or other Free Person of Color, arms or wea- shall carry any fire arms, or other military or dangerous pons. weapons, abroad, except with a written ticket from his or their guardian, under pain of forfeiting the same, and be- ing fined or whipped at the discretion of any magistrate t ACTS OP THE LEGISLATURE. XXI and three freeholders, before whom he or they may be con- victed thereof. Nor shall any Free Person of Color be hereafter employed as a Pioneer, though he may be sub- jected to military fatigue duty when called on. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-five, and in the sixtieth year of the Sovereignty and Independence of the United States of America. H. DEAS, President of the Senate. PATRICK NOBLE, Spealcer of the House of Representatives. AN ACT to incorporate and consolidate two Artillery Companies in Charles- p asge( j Dee- ton into one. (See Acts of Assembly of 1835, page 42.) 19,1835. AN ACT to vest in A. Talvande the right to certain estates. (See Acts of p asse( j j) ec Assembly of 1835, page 43.) 19,1635. AN ACT to incorporate the Cincinnatti Rail Road Company. (See Acts p asse ,j £) ec . of Assembly of 1835, page 46.) 19,1835. AN ACT to incorporate the Charleston and Philadelphia Steam Packet £? ss *£® ec - Company. (See Acta of Assembly of 1835, page 75.) AN ACT to incorporate the Charleston and Liverpool Packet Company. p asse d D ec (See Acts of Assembly of 1835, page 78.) 19, 1835. Charleston Fire Company of Axemen and City Constable exempt from Passed Dec. militia duty. 21, 1836. Sec. 2. That the persons comprising the Charleston Fire Company of Axe-men, and the Constables of Charles- Exemption of ton, provided the latter do not exceed twenty-four, be, and Charl eston they are hereby exempted from the performance of ordina-r n aC^3le» *y militia duty. XXii ' ACTS OF THE LEGISLATURE. J^?|J P ec ' AN ACT to alter and amend the Charter of the City of Charleston. v -*~ v ~^ - ' Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the name ^\ and title of the Intendant and Wardens of the respective wards in the city of Charleston as expressed in the act passed the thirteenth day of August, one thousand seven hundred and eighty-three, entitled "an act to incorporate Charleston," and in all other acts to amend the charter of the city, be changed to the name and title of the Mayor and Aldermen of the respective Wards in the city of Charleston, and all laws of the State and ordinances of the to'thaui! ftfay- ^ty Council of Charleston relating to the powers, election or. and term of office, and duties of the said Intendant and Wardens shall be, and the same are hereby made of force in relation to the Mayor and Aldermen of the city of Charleston in the same manner as if they or either of them had been therein specially named by that title. And the said Mayor and Aldermen shall meet together in City Council, with the same powers and authority as the said Intendant and Wardens, under the act before mentioned. Sec. 2. Be it further enacted by the authority aforesaid, That the said Mayor and Aldermen of the city of Charles- ton shall be, and are hereby respectively vested with,. and shall exercise the same powers and authority that are now vested in, and exercised by the Intendant and Wardens of Powers. the Wards of the city of Charleston under any of the acts of Assembly and ordinances of the City Council of Charles- ton. Sec. 3. And be it further enacted by the authority afore- said, That so much of the ninth section of the said act, entitled "An act to incorporate Charleston," as declares no person shall be eligible to serve as Intendant (changed . .by this act into the title of Mayor) for more than three bihty'altered. 1 y ears m anv term of five years" be, and the same are here- by repealed. Sec. 4. And be it further enacted, That the said Mayor of the city of Charleston shall have power to issue warrants, and cause all offenders against the law to be brought be- Powers. fore him at thePoliceCourt,established under theOrdinance of the City Council of Charleston, or at such other time and place as he may direct, and either to release,admit to bail, if the offence be bailable, or commit to the custody of the Sheriff of Charleston District, who is hereby commanded ACTS OF THE LEGISLATURE. Xxiil and required to receive the same, and keep in safe custody, until discharged by due course of Law. And the said Mayor shall, within the corporate limits of the city have, and exercise all the powers of a Justice of the Quorum. And the said Mayor shall, and may, by compulsory pro- cess, enforce the attendance of witnesses who may be re- quired to give testimony before the said Police Court, and shall and may punish as for contempt, all persons who may, in the presence of the said Court, be guilty of any riotous or disorderly conduct, or who may, in any other manner, wilfully interrupt the proceedings of the said Police Court. Sec. 5. And be it further enacted, That in case of the provision tet sickness or temporary absence of the Mayor of the said absence of city, the Aldermen shall appoint one of their number to act Ma y w - as Mayor pro. tern, who shall for the time being exercise the powers and duties vested in the Mayor; and the duty of the Mayor in holding the Police Court during such sick- ness or temporary absence of the Mayor shall devolve on the Aldermen in rotation; and the said Mayor shall not, by virtue of any temporary absence from the State with the consent of the City Council, vacate his office. Sec. 6. And be it further enacted, That the City Coun- p owets , cil of Charleston shall have power to levy fines for all of- fences against their ordinances and bye-laws now exist- ing, or which may hereafter be passed, to an amount not exceeding one thousand dollars for each such offence, to be recoverable in the city Court of Charleston, or any other Court having jurisdiction. Sec. 7. It shall not be lawful for any officer or non-com- missioned officer of the cityGuardto exercise any of the pow- Guard^ ers of a Magistrate, in any case of complaint by, or against the said city Guard, or any officer or member thereof. Sec. 8. And be it further enacted, That no amendment Notice to be to the charter of the said city or alteration of any of the given of a- laws relating to the city of Charleston, which require the ™ endme nts cf sanction of the Legislature, shall hereafter be made, un- less the substance of the amendment or alteration, be pub- lished in some Gazette of the city, for thirty days previous to the application for such amendment or alteration. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and the sixty-first'year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate. li L. V/ARDLAW, Svmker of the House of Iicpresc?Uative$, *xlv. ACT3 OF THE LEGISLATURE. SuTsI**? 60 AN ACT t0 authorize tne Clt y Council of Charleston to close up Amen* street Sec. 1. Beit enacted by the Honorable Senate and House of Representatives, now met, and sitting in General Assem- bly, and by the authority of the same, That the City Coun- cil of Charleston be, and they are hereby authorized and Amen-street to empowered to shut up, close and discontinue Amen-street, be closed. extending from Church-street to East Bay, in the city of Charleston, or such part thereof as the said city Council may deem expedient. Sec. 2. That in case any owner or owners of any Lot or Lots in fee simple or in leasehold, with the buildings thereon fronting on said Amen-street which may be closed up and discontinued, under the authority of this act shall refuse to sell his or her, or their Lot or Lots, leasehold or How property buildings, or shall demand for the same what may be deem- ehaii be ap : ed by the city Council, an unreasonable price, then the praised. c j t y Council shall nominate and appoint not less than three z freeholders, resident in the city, Who shall meet an equal number to be named and appointed on the part of such owner or owners, to determine and fix upon the true and real value of such Lot or lots, leasehold or buildings, with full power in a majority of the commissioners appointed as aforesaid, in case of disagreement, to call in one other commissioner; and on the city Council paying the full va- lue of such Lot or Lots, leasehold or buildings, fixed and determined in the manner above designated, the absolute estate of the said Lot and Lots, leasehold and buildings shall be vested in the said city Council. Sec. 3. That in case of the neglect or refusal of the owner or owners of the Lot or Lots, leasehold or buildings, to be valued as aforesaid, to appoint freeholders on their How apprais- p ar t, to meet those appointed by the city Council, within' refusal by own- teu days after notification in writing of the appointment of ers. the commissioners on the part of the city Council, the Board of Commissioners appointed under the act of 1817, to de- clare in what cases Streets, Lanes, and Alleys of the city of Charleston shall be widened, on the application of the city Council, are hereby authorized to name and appoint commissioners to act on the part of such owner or owners, equal in number to those appointed by the Council, and full power is hereby given to a majority of the said joint commissioners, in case of disagreement as to the value of such Lot or Lots, Leasehold or Buildings to call in one i ACTS OF THE LEGISLATURE. XXV other commissioner, and the decision of a majority of the said joint commissioners, or of said additional commission- er so called in upon their disagreement, as aforesaid, shall be final and conclusive. Sec. 4. That in case of the refusal of the commission- ers appointed on the part of the owner or owners of any of the Lots, Leasehold or Buildings, in case of disagree- I ^ e "°^ d ^ s * ment with the commissioners on the part of the City Council, to call in one other commissioner, as provided in the second clause of this act, it shall and may be lawful for the said commissioners, under the act of 1817, to call in such other commissioner, whose award shall be final. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and the sixty-first year of the Sovereignty and Independence of the United States pf America, PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives, AN ACT in relation to Mitchell's Alley, in the City of Charleston, Passed Dee. 21, 1836. Sec. 1. Beit enacted by the Honorable Senate and House of Representatives, now met, and sitting in General Assent-* bly, and by the authority of the same, That the City Couth cil of Charleston, if the said Council concur in the expe- dience of the measure, be, and the same is hereby author- ized and empowered to cause Mitchell's Alley, running from Kast Bay street to Bedon's alley, in the city of Charleston, to be permanently closed up at that end of Mitchell's alley which terminates at Bedon's alley, the ex- pense whereof shall be defrayed by the owners of lands and buildings adjacent to the last mentioned alley. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America, PATRICK NOBLE, President of the Senate, D. L, WARDLAW, Speaker of the House of Representatives, XXVI - ACTS OF THE LEGISLATURE. AN ACT to authorize the City Council of Charleston to tax the Income of persons resident without the said city, derived from business conducted within the city. Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General As- sembly, and by the authority of the same, That the City Coun- cil of Charleston shall be, and they are hereby vested with power and authority to levy and collect such assessments and taxes on the income and profit of persons resident without the limits of the city of Charleston, derived from the pursuit of any faculty, profession or occupation con- ducted within the limits of the said city, as the said City Council may deem expedient for the safety, convenience, benefit and advantage of the said city : Provided, that no tax imposed upon the said persons so. resident without the city, shall be at a greater rate than that levied upon per- sons resident within the same. In the Senate House, the twenty -first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty- first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of Hie Senate. D. L. WARDLAW Speaker of the House of Representatives. Passed Dec ^^ ACT for the better regulation of the Fire Department in the city of 21, 1836. Charleston. Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all and every Fire Engine and other Fire Company, or Company of Axemen hereafter to be incorporated, the members of which are or shall be residents in the city of Charleston, shall be respectively subject, and liable to the government of such ordinances, rules and regulations, for the manage- ment and extinguishment of fires, the preservation and keeping of the Fire Engines, and other apparatus of the Regulations to respective companies, in proper order, and for the train- be made by ing exercising and inspecting of the said Fire Kngine and I? V, ou other fire companies and their apparatus, as shall be made, or the Fire mas- . i _. *r > ters. ordained and passed bv the Citv Counc:! or Charleston, or ACTS OF THE LEGISLATURE. XXVU by the Board of Fire Masters of the city of Charleston, by and with the sanction and approbation of the said City Council : Provided, That the said companies shall not re- spectively, be liable.to be called out for exercise and inspec- tion oftener than four times during the year. Sec. 2. That no Fire Company of Axe-men hereafter incorporated, shall consist of more than fifty, nor less than m™^ com- thirty men, that neither of the said Fire Engine Compa- pany, and ex- nies shall consist of more than eighty, nor less than thirty empfion ftora unlitiirv duty* able bodied and efficient men ; and that the members of the said Companies shall be exempted from militia duty, except in times of invasion or alarm ; Provided, That if the number of the members of either of the said Fire En- gine Companies, or other Fire Company hereafter to be incorporated, shall by resignation or otherwise, fall short of the number required by this act, such company shall loose and forfeit all the privileges granted them by law, and the members thereof shall be liable to perform militia duty. And it shall be the duty of the Intendant of the city of Charleston to inspect said companies from time to time, and to see that they do not consist of a greater or less number of men than is herein prescribed. Sec. 3. And whereas the duties assigned to the city Constables at fires, under the Fire Regulations recently adopted, are arduous and important, the said city Constat ^ on f jj^ e . x ' bles are hereby exempted from the performance of militia w i se . duty, except in times of invasion or alarm; Provided, the same shall not exceed twenty- four. Sec. 4. That the Fire Masters appointed by the City Council of Charleston, shall have the exclusive control Firemasters to over, and management of all Fire Engines and Fire Com- have control panies at time of fires; and of all persons in any ways employed in working said Engines, or in doing duty in said companies at times of fire, are hereby strictly enjoined and required to obey and perform all orders and directions which they may receive from the said Fire Masters, and none others: Provided always, that should no Fire Mas- ters be present, the said persons so employed do obey all orders given them by the Intendant and Wardens present. In the Senate House, the twenty-first day of December, in the year ofoiir Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignly and Independence of the United Status of America. f PATRICK NOBLE, President of the Senate. D. L. WAitDLAW, Speaker of the House of Rsjjresentatives. tXvill ACTS Of TfcE LfiClSLATUHfii Passed Dec\ AN ACT establishing a line beyond which the Wharves shall not bo extend- 21, 1336. e( j j u the c ity f Charleston; and for othtir purposes; Sec. 1. Be it enacted by the Honorable the Senate and \ tlouse of Representatives, nuw met and sitting in General Assembly, and by the authority of the same,- That the line • . colored red, lettered A, B, C, D, \\, F, G, H, as marked and laid down on a plat of the Wharves on the Eastern boundary of the city of Charleston, by Charles Parker, the City Surveyor, dated the fifth day of November, 1830, be, and the same is hereby established as the line beyond which no Wharf or other building or structure whatever, shall hereafter be extended* And if any person whatever, Penalty for vi- g^g]^ a ft e r the passing of this act, build or cause to be built, or aid or assist in causing to be built, any wharf or Other building or structure beyond the line hereby esta- blished, every such person shall, for each and every such offence, forfeit and pay not less than one, nor more than five thousand dollars) and shall moreover be liable to pay fifty dollars for every day such wharf or other structure shall there remain) to be recovered by indictment) action of debt, or information in the City Court of Charleston, or the Court of General Sessions and Common Pleas, one half of such penalty to go to the person who may sue for, and recover the same, and the remaining half to the city ; and the City Council shall have power to remove such wharf or other structure, at the expense of the owner thereof* See* % That if any person shall, by throwing stones or Penalties for Otherwise, create any obstruction to the navigation in any obstructions in p ar t f t h e harbour of Charleston, within the corporate limits of the city, every such offender shall be liable to the penalties above prescribed, to be recovered by indictment, action of debt, or information as aforesaid, and disposed of in the manner above mentioned, j. Sec. 3. That it shall be the duty of the City Council of corded. * Charleston to cause the aforesaid plat, with the line mark- ed out by the City Surveyor aforesaid, to be recorded in the Secretary of State's office, in Charleston, within six months from the passing of this act. Vacanttats ^ ec# ^' 1* nat au " vacant land not legally vested in indi- vestediiiCouii-viduals in the harbor of Chajlestoft) covered by water, be, •* and the same is hereby vested in the city of Charleston, far public purposes, but not to be so used or disposed of, a* td obstruct or injure the navigation of said harbour* ACTS Of THE LEGISLATURE. XXIX Sec. 5. That no person being the owner of any low wa- ter lot or lots, within the corporate limits of the city of Charleston, on the edge of Ashley or Cooper Rivers, shall p FO v]sions for be allowed to use the same in any manner that may be nuisances. injurious to the health, comfort or convenience of the citi- zens, and the City Council is hereby authorized to make such regulations and pass such ordinances in relation to this subject, as may be necessary and proper: Provided always, that private property shall not be taken for the public use, by the City Council as aforesaid, without just compensation. Sec. 6. Tbat any person intending to build or erect any wharf, or to extend the same towards the line hereby esta- blished, shall first apply to the City Surveyor to mark out and designate the point beyond which the said wharf or- Sl, T ve y or * ft structure shall not be extended, and if any person shall proceed to build or construct any such wharf or structure without having the extent thereof marked out and desig- nated as aforesaid, such person shall be liable to the pen- alties imposed by the first section of this act, to be recov- ered and disposed of as therein directed. Sec. 7. That it shall be the especial duty of the City Surveyor, under the direction of the Intendant, to see Surveyor*! that all the provisions of this act be carried into full effect, u y ' and that all violations thereof be prosecuted according to law. « In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year tif the Sovereignty and Independence of tha United States of America. PATRICK NOBLE, President of the Senate D. L. WARD LAW, Speuher of the House of Representatives. AN ACT to prevent the harboring of deserted Seamen, and to protect Sail- ors from the fraudulent practices of their Landlords. afl83fi * ' Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same^ That if any per- son shall, either on ship-board or on shore, harbor or se- crete a Seaman who shall have signed an agieement to proceed on a voyage, or shall have deserted or absented himself without leave from the captain qf the ship or vessel men XXX ACTS OF THE LEGISLATURE. to which he may belong, under such agreement ; every person so offending, shall, for any such Seaman, so har- Penalty for se- bored or secreted, forfeit and pay the sum of fifty dollars, creting Sea- one half -whereof shall go to the informer ; and upon a se- cond conviction, the person so offending, if the keeper of a public or lodging house for Seamen, in addition to the penalty beiore provided, shall forfeit his or her licence. And in case any such Seaman, or any boy apprenticed on board any ship or vessel, shall be harbored, secreted or detained, it shall be lawful for any Justice of the Peace, upon complaint on oath made by the master of the said ship, or on ■ his behalf, to inquire into the matter, and if he shall see right, by warrant under his hand and seal, to cause search to be made into any place, wherein the said seaman or apprentice may be harbored or secreted, and to cause such seaman or apprentice to be restored to the master of said ship. Sec. 2. It shall not be lawful for any keeper of a public or lodging house for Seamen, at any time to recover from any Seaman any debt exceeding one dollar ; and no debt exceeding said sum incurred by any Seaman to any other person, shall be recoverable after he has signed an agree- ment to proceed on a voyage, until such voyage shall have been concluded. Sec. 3. It shall not be lawful for any keeper of a public or lodging house for Seamen, to withhold or detain any chest, bed or bedding, clothes, tools or other effects of any seaman, 1 for any debt alledged to have been contracted by such seaman; and in case' any such chest, bed, bedding, clothes, tools or other effects as aforesaid, shall be with- held or detained contrary to this act, it shall be lawful for any Justice of the Peace, upon complaint upon oath to be made, by any such seaman, or on his behalf, to inquire into the matter, and if he shall see right, by warrant under his hand and seal, to cause any such property or effects so withheld or detained contrary to this act, to be seized and delivered over to the seaman. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate. D. L. WARDLAW, Speaker of the House of Representatives, ACTS OF THE LEGISLATURE. XXXI AN ACT to alter and amend the law in relation to Magistrates and Con8ta. Passed Dec. bles within the Parishes of St. Philip and St. Michael, and for other purpo- 21j 1836. ses therein mentioned. ^^ss^** Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and How ™ after the passing of this act, all causes small and mean, cases may be cases of landlord and tenant, forcible entry and detainer, tned - and of master and apprentice, arising within the Parishes of St. Philip and St. Michael, shall be tried and adjudica- ted before the Judicial Magistrates of the said Parishes, in the same manner and form as is now prescribed by law, in all such cases arising within the limits of the city of Charleston. Sec. 2. That all prosecutions of slaves and free persons of color, for crimes and misdemeanors arising within the said Parishes, shall be tried and adjudged before the Judi- cial Magistrates, in the same manner and form as is now prescribed by law, for such cases, arising within the limits of the city of Charleston. Sec. 3. That the Magistrates of Charleston Neck shall Magistrates of act only as Ministerial Magistrates, in the cases included Charleston in the two preceding clauses, and shall receive the same fees as are now received by the Ministerial Magistrates of the city, and they shall also be eligible to the office of Ju- dicial Magistrate. Sec. 4. That the freeholders and slave-holders to sit Who shall sit upon ail trials arising within the said Parishes, shall be upon s ' drawn from all the freeholders and slave-holders of the said Parishes, as is now prescribed by law, their names to be taken from the tax collector's returns for the said Par- ishes. Sec. 5. That the penalty for non-attendance, as a free- Penalty, holder or slave-holder, in all cases triable as aforesaid, shall be ten dollars, recoverable by summons issued by the Ministerial Magistrate, and triable as is now the case in causes small and mean. Sec. 6. That all Constables hereafter elected by the Of Constables Board of Magistrates for the said Parishes, shall continue in office during the term for which the said board shall be themselves elected, and until a new election shall take place by a subsequent board: Provided nevertheless, that nothing herein contained shall be construed to prevent their being impeached and tried, as is now prescribed by XXXli ACTS OF THE LEGISLATURE. law for any malfeasance or nonfeasance in office : and Pro- vided also, that nothing herein contained shall affect the rights or tenure of office, of any Constable now in office. Sec. 7. That all recognizances to prosecute, or for the appearance of free persons of color or slaves in the Ma- gistrate's Courts in said parishes, shall be liable to be es- treated in the Court of Sessions for Charleston District, for non-performance of the conditions thereof, in the same manner as recognizances returnable to the said Court of Sessions. Sec. 8. That in all cases of forcible entry and detainer, and landlord and tenant, the finding of the freeholders, un- der the charge of the presiding Justices, shall be sufficient to constitute the verdict without the concurrence of the said justices or either of them. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-six, and in the sixty-first year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, Prcsidentof tie Senate. D. L. WARDLAW, Speaker of the House of Representatives, I INDEX. Accounts, Regulations for payment of, Appropriations, Ordinance making for three months, Regulations for payments, From 20th Feb. to 20th May 1837, Amen-street. See Streets. PAGE. 117 115 117 13? Assessor, City, His salary, $1000, Assemblies. See Slaves. Badges, Ordinance requiring three-fold price, repealed, Bakers. See Bread. Billiard Tables. May be kept open till 11 o'clock, P. M. Bread. Intendant, Wardens or Magistrates, to destroy bad bread, 96 Penalty on Baker — Fine, $20 to $50, Burial Ground, No new one to be established in the City, Penalty $5000, and $1000 for every day, No body to be buried, except at Burial Ground, Penalty $1000, Charleston College. See College. Cholera, Sale of certain articles, prohibited during the preva- lence of, This prohibition repealed, Physicians not required to report, City Assessor, His salary, $1000, City Burial Ground, Fees to Superintendant, Paupers to be buried, by order of Warden or Com- missioner, Superintendant's account to be certified by them, E 74 169 133 97 81 ib. ib. ib. 94 111 44 74 16 ib. ib. f XXxiv. INDEX. Church-street. See Streets. City Council. See Low Lota. City Stock, Issue of, ordered 49 City Guard, Guard Ordinance altered, 16 Horses to be attached to, ib. Guard to attend at the Market, 55 Ordinance to improve organization of, . 73 Guard to consist of 1 Capt. 3 Lieuts., 2 Ord. Sergts., 6 Sergts., & Corporals, 94 Privates, 2 Drummers, 2 Fifers, ib. Pay fixed. See Police Court. Penalties. Orderly Sergts. to be appointed by Intendant, 110 Pay of, increased, . 136 City Lamp Lighters, Two established, 172 Clerk of Council. His salary $1500, 74 Clerk Commissioners of Streets, Salary increased, 140 Commissioners of Health. See Health, Of Orphan House. See Orphan House, Of Markets. See Markets, Color, Free persons of. See Police Court. Penalties. College of Charleston, Professorship in, created, 71 Intendant, ex-officio Trustee of, 72 Court. See Police Court, ** Day Laborers, Rates of wages established, 136 Dirt, Not to be removed from Streets. Penalties. 132 Drayage, Rates of, regulated, 133 Escheator. Escheats, 34 Deputy Escheator to be elected, ib. His duties, ib. Engineers, Engines, fyc. See Fire Masters. Fees Burial. See City Burial Ground. Fines. See Penalties. Fire Department. See Fire Masters. Regulations concerning, 164-165 "*. INDEX. XXXV. Fire Engines, Salary of superintendant of, increased 164 Fire Masters, Ordinance amending Ordinance, concerning Principal Engineer. His Salary, $400, 75 Two Assistants to be elected by Board, ib. Their duties, ib. Their salary, 76 Superintendant of Engines, his salary, $300, ib. His duties, ib. Principal Engineer to attend, ib. Penalty for neglect of duty, 77 Fine of $100 for opposing him or his Assistants, ib. Fires, Expenses to be paid immediately, 117 Fish, Deposited in the Ice House, not to be sold, S3 Penalty, ib. Commissioners of Markets to seize, 83 Penalty on persons opposing them, ib. Forfeitures. See Penalties. Free Persons of Color. See Slaves. Police Court. Penalties. French Alley. See Streets. Good-Bye Alley. See Streets. Guard Ordinances, Alteration of. See City Guard. Guignard- street. See Streets. Health Ordinance, To preserve the Health of the City, 30 Three Commissioners to examine Lots, &c, ib. May have Nuisances removed, 31 Penalty for refusing to obey their orders, ib. Owners or Occupants of Lots, to pay all expenses, ib. Board of, remodelled, 56 Ex-officio members of, to act as medical advisers, ib. Central Board of, established, and duties, 162 Clerk of the Board of, abolished, ib. Commissioners of Health, to meet once in a month, 163 Horses, Sfc., Running at large, Penalty, $5, 1 Not to be driven without bridle, - ib. May be taken up and detained till fine and expenses paid, ib. To be attached to Guard. See Guard Ordinance. Hospital. See Marine Hospital. Ml XXXVI. INDEX. Inspection, Board of, established, 157 And duties, 159 Inspector City, His duties, 161 Interments. See City Burial Ground. Intendant, Ordinance regulating office of, ' 87 His duties prescribed, ib. His salary $4000, 92 Ex-officio Trustee of Charleston College, . 72 Proceedings before him, regulated, 107, 108 To appoint Orderly Sergeants of Guard, 110 His duties as to accounts, contracts, &c. 116 See Retailers. Bread. Inquirer and Assessor. See Assessor. Keeper of City Hall. See Messenger of Council, Must keep a servant, 109 Lamp Lighters. Two established, 171 Licenses. See Liquor Stores, No. 1. Retailers. Liquors, Spirituous. See Retailers. Liquor, Stores No. 1, may sell not less than one pint, 17 Not to be drunk where sold, ib. Penalty not exceeding $100, ib. Lots. See Streets, Low Lots. Low Lots, To be filled up under order of Commissioners of Health, with consent of Council, 31 Ordinance for filling up, &c, 157 Maiden Lane. See Streets. Marshals, To take up Horses &c, 1 Need not reside in their Wards, 53 Must reside in the City, ib. Their duty as to Retailers, 134-125 Marine Hospital, Salary of Steward, $600, 15 Steward to reside therein, ib. Matron of, office abolished, ib. INDEX. XXXVll. Markets, Commissioners powers and duties of, 53 Regulations, 54, 55 Commissioners of, to seize Fish, 82 Market-street. See Streets. Penalties. Masters of Vessels. See Pilots. Pilotage. Matron. See Marine Hospital. Mayor, Chairman, ex officio, of Board for levelling, streets, &c, 140 Meetings. See Slaves, Mental Instruction. See Slaves. Messenger of Council, His duties, K/9 His salary, 110 Fines for neglect of duty, ib. Must keep a servant, 109 Mills. See Steam Mills. Mules. See Horses. Negroes. See Slaves. Retailers. Nuisance. See Health. Penalties. Ordinance, Prohibiting sale of certain articles, repealed, 111 See Escheats, ib. Orphan House, Steward of, his duties, 48 Assistant Steward to be appointed, 49 His duties, ib. Porter's Salary fixed, ib. Paupers, Burial of. See City Burial Ground. Payments, How to be made, 118 "Pearl-street. See Streets. Pinckney-street. See Streets. Pilots. Pilotage. Masters of Vessels refusing to take Pilots, to pay Pi- lotage, 32 Vessels trading between Ports within this State excepted, ib. Police Court, Established, 88 To be held daily by the Intendant, ib. His duties, 88, 92 Proceedings before the Intendant, regulated, 107 Wardens to act in his absence in rotation 88 xftviii. INDEX. Penalties, $5 for Horse or Mule running at large, $100 on Licensed Retailer No. 1, suffering liquor to be drunk at the place where sold, $100 for disobeying order of Commissioner of Health, $50 for failing to remove Nuisance, &c. $25 for every day, Fxpenses to be also paid, If paid by the City, to be recovered back, On masters of Vessels, who refuse to take Pilots, Of $100 on Escheator for neglect of duty, 50 per cent, for failing to pay over money in 10 days Penalties under Tax Laws. See Tax Ordinances. Articles offered for sale in Market, forfeited in certain cases, $20 on purchasing to resell, $1000 for erecting a Steam Mill, except of Brick or Stone, $20 for each day the same is worked, $20 on Principal Engineer for neglect of duty, $10 on Assistant do. do. do. do. $100 for opposing them,. $5000 for establishing new Burial Ground in the City, $1000 for every day the same is used, $1000 for burying a body, except in Burial Ground, $20 for sidling Fish from Ice House, Stocks or whipping, for same offence, Fish so offered for sale, forfeited, For resisting Commisioners of Markets, $20 for selling Rice otherwise than by weight, Slaves or persons of color, to be whipped or fined, For opposing Intendant same as Warden, Not less than $20 nor more than $100 for disturbing Intendant's Police Court, $1000 for building Vaults within 10 feet of a Street, $500 on Physicians not reporting cases of Cholera, Repealed, From $20 to $100 for selling certain articles during existence of Cholera, Repealed, From $20 to $50 on Bakers for bad Bread, $10 for hiring or using Scavenger's Cart, $2 for not putting out Dirt before 9 o'clock, $10 to $50 for not removing Grass, &c. from Burial Grounds, $2 for not sweeping Streets and Pavements on Satur- days, $10 to $50 for failing to remove Nuisance, $20 to $100 for resisting an Officer, Offender may be also imprisoned, $20 on Superintendant of Streets for neglect of duty, One half of these Penalties remitted if paid in 3 days, SM INDEX, XXXIX. Penalties, Whipping may be substituted for a fine in certain cases, 107 Negroes having no ticket may be whipped, 107 Opposing Guard may be whipped, ib. Standing outside of owners gats at night to betaken up, ib. $5 to $10 for refusing to deliver them up, 108 All Penalties not exceeding $20 to be reported to Intendant, ib. He may remit or order prosecution, ib. $50 on Messenger of Council for neglect of duty, 110 $1000 for erecting Steam Mill in City, except at the edge of the rivers, 113 $100 for every day such Mill is used, ib. Same Penalties for violating regulations concerning them, ib. Negroes or persons of Color, fined or whipped for assembling contrary to Law, ib. $20 for not keeping up a painted board over Licensed Retail shops, No. 3, 120 Also $5 for every days neglect, ib. 8100 for transgressing terms of License, ib. $200 for selling without License, 121 $50 for trading contrary to City Ordinances, 123 §50 for admitting, or selling, to persons of Color, between Tattoo and Reveille, ib. $20 on Marshals for failing to prosecute, 124 $20 for selling except at a stand, 125 $10 for every day, ditto, ib. Same Penalties for putting or keeping up a Screen, ib. $100 for selling behind such screen, 126 $20 for keeping Liquor in Jugs except at Stand, ib. $20 for selling Ginger or other Beer in such Shops, ib. Not to keep, except for private use, ib. Slaves or persons of Color not to sell Liquors, penalty from $20 to $100, or whipping, 127 $50 to 8100 for selling on Sunday, Negroes or per- sons of Color may be whipped for, ib. For loitering in or about a Shop, 20 lashes, ib. Owner of Shop to forfeit from $5 to $20, ib. Negroes may be taken up and committed, ib. $50 to $100 for refusing admission of Officer to Shop, 128 $200 for same offence in other cases, 129 $50 for treating Slaves to Liquor, ib. 850 for not producing ticket when demanded, 130 $20 for Negroes found in a shop, not purchasing, ib. Penalties, one half to informers, half to the City, . 131 $50 for opposing Clerk or Commissioners, of Streets and Lamps, 140 $20 on Clerk for neglect of duty, ib. $100 Obstructing Board oflnspection, 160 $20 on owners of low Lots, over and above expense of filling and removing nuisances, 161 xl. INDEX. Penalties, $10 on City Inspector, for neglect of duty, $20 for violating Fire Regulations, or interfering with Fire Masters in time of Fire, Port Wardens, Surveys by, regulated, Must give due notice, J Privies, Regulations as to, Recorder, His salary reduced to $2500, To perform all the duties assigned to said office, Not to practise in Courts of Law or Equity, To be commissioned during good behavior, May order Bail in all cases under City Ordinances, Religious Meetings. See Slaves. Residence. See Marshals. Retailers of Liquors, Licenses how granted and regulated, Not to be grahted to persons living out of the City, Sign Boards to be kept up, Negroes not to be admitted between certain hours, Liquors only to be sold at a stand, No Blind or Screen to be kept up, No sales to be made on Sunday, Negroes not to loiter in Retail Shops, Penalty for refusing admittance to Public Officers, Intendant's powers and duties as to Retailers, Wardens Marshals, Constables, and City Guard, Tickets must be produced when called for, Rice, To be sold by weight, 85 Penalties, ib. Sale of certain articles prohibited, See Cholera. Scavenger's Office^ Abolished, 97 Slaves, Sfc. Free persons of Color. See Police Court. Penalties. Not to assemble except in presence of white persons, 114 Meeting for Religious Worship regulated, ib. Spirituous Liquors. See Retailers, INDEX. Xli. Steward. See Marine Hospital. Orphan House* Assistant. See Orphan House. Stock, 5 per cent, issue of, 49 Two certificates, purchase of Land in Market-street, Sinking fund created for redemption of above Stock, 49 Commissioners of, ib. Steam Mills, Within the City, regulations of, 57 Not hereafter to be erected in the City except on the edge of the rivers, 112 Conditions on which they may then be erected, ib. Streets, Established near the Market, 84 Pinckney-street extended to 40 feet South side, ib. Market- street extended 20 feet on North side, ib. Anson-street, part of, extended 20 feet on West side, 84 Church-street to be continued to Pinckney, 50 feet wide, il>. A new Street created, called Pearl-street, ib. Guignard-street, Maiden Lane, Good-bye Alley, and French Alley, closed up, ib. And Lots, Ordinance for keeping them clean, 97 Penalties concerning them, 100 Duties of Superintendants of, prescribed, 96 Salary of, 141 Not to be injured or dirt removed from, 132 Board for levelling and filling up, established, 139 Superintendant of Burial Ground. See City Burial Ground,' Of Streets, duties of, 98 Survey of Vessels. See Port Wardens. Surveyor of City, To attend Board of Inspection, 158 Tickets. See Slaves. 4 Treasurer, City, His duty as to Accounts, Payments, &c. 116 Tax Ordinance, For the year 1833, 2 For the year 1834, 18 For the year 1835, 36 For the year 1836, 60 For the year 1837, 141 P xlii. INDEX. - - Taxes, Certain ones reduced, 170 Vessels. See Pilots. Pilotage. Owners of. See Port Wardens. Wardens, To hold Police Court in absence of the Intendant, 88 INDEX TO THE APPENDIX. An Act to give to the Judicial Magistrates of Chai-leston exclusive right to sit on Courts for the trial of slaves and other persons of color, i. An Act to regulate the Militia of the parishes of St. Philip and St. Michael, &c. iii. An Act to enlarge and extend the powers of the Governor, and of the City Council of Charleston, over quaran- tine, &c. iv. An Act to incorporate the Sumter (late Jackson) Guards, referred to, vii. An Act to renew the Charter of the South-Carolina Bank, referred to, ib. An Act for the further regulation of Magistrates and Con- st ables, in the Parishes of St. Philip and St. Michael, ib. An Act to repeal an Act exempting the members of the Vigilant, Phoenix, iEtna and Charleston Fire Engine Companies of Charleston, from jury duty, x. An Act more effectually to prevent the illicit traffic in Cot- ton, Rice, Corn, or Wheat, with slaves and free per- sons of color, xi. An Act incorporating another Bank in Charleston, referred to, xii. An Act to establish the Atlantic Steam Packet Company, referred to, ib. An Act to incorporate the Charleston Cotton Seed Oil Man- ufacturing Company, referred to, ib. An Act to cause surveys for a Rail-Road between Cincin- nati and Charleston, referred to, ib. An Act to authorize the City Council of Charleston to shut up certain streets, near the Market, in Charleston, &c. xiii. An Act more effectually to prevent free negroes, or other persons of color from entering the State, &c. xiv. An Act to incorporate and consolidate two Artillery Com- panies in Charleston into one, referred to, xxi. XllV. INDEX. An Act to vest in A. Talvande the right to certain estates, referred to, ib» An Act to incorporate the Cincinnati Rail Road Company, refeired to, ib An Act to incorporate the Charleston and Liverpool Packet Company, referred to, ib. An Act to exempt the Charleston Fire Company of Axe- men and City Constables from militia duty : extract of ib. An Act to alter and amend the Charter of the City of Charleston, xxii. An Act to authorize the City Council of Charleston to close up Amen-street, xxiv. An Act in relation to Mitchell's Alley, in the City of Charleston, xxv. An Act to authorize the City Council of Charleston to tax the income of persons resident without the said city, derived from business conducted within the city, xxvi. An Act for the better regulation of the Fire Department in the city of Charleston, ib. An Act establishing aline, beyond which the Wharves shall not be extended, in the City of Charleston, &c. xxviiL i An Act to prevent the harboring of deserted Seamen, and to protect Sailors from the fraudulent practices of their Landlords, xxix. An Act to alter and amend the law in relation to Magis- trates and Constables within the Parishes of St. Phi- lip and St. Michael, &c. xxxi. ORDINANCES OF THE I CITY OF CHARLESTO FROM THE 24th MAY, 1837, TO THE 18th MARCH, 1840. TOGETHER WITH SUCH OF THE ACTS AND PARTS OF ACTS OF THE LEGISLA- TURE OF SOUTH-CAROLINA, AS RELATE TO CHARLESTON, FROM DECEMBER, 1837, TO DECEMBER, 1839— INCLUSIVE. puiJltsijcu bv a Meuolution of Counu'l. CHARLESTON: PRINTED BY B. R. GETSINGBB. 1840. MAYOR AND ALDERMEN, For the Years 1839 and 1840. MAYOR, HENRY I<. PliVCKKEY. A L D E R M E ,N , Ward JVo. 1. RICHARD W. COGDELL, R. W. ROPER, ' Dr. THOMAS Y. SIMONS. Ward JTo. 2. FRANCIS LANCE, JOHN SCHNIERLE. "Ward JTo. 3. WILLIAM P ATT ON, CASIMER PATRICK, GEORGE KINLOCH, Ward J)'o. 4. ALEXANDER McDONALD, R. W. SEYMOUR, SAMUEL P. RIPLEY, JOHN HUNTER. Ratified 24thAIay 1837. No. 1. AN ORDINANCE Making appropriations for the City Service, for three months, from the 20th May, one thousand eight hundred and thirty-seven. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained bii the authority of the same, That to meet u " r -r Appropriations the expenses of the Citv for the. ensuing fiscal quar- endin| mh Aug. 1837 ter, ending on the 20th day of August next, the follow- ing sums be, and the same are hereby appropriated for the purposes hereinafter mentioned : to be paid out of any money in the Treasury, not otherwise appropriated — that is to say : 1. For Salaries — ($3552) — Three thousand five For Salaries. hundred and fnty two dollars, if so much be necessary. 2. For the City Guard— ($7500)— Seven thou- J K - y City Guard. sand five hundred dollars, if so much be necessarv. 3. For the Department of Streets — For accounts passed by Council, according to the statement ren- menu eparl " dered by the Clerk of the Commissioners — ($2092. 43) — Two thousand and ninety-two dollars and forty- three cents. For the Repairs of Side Walks, &c. — Under the orders of the Commissioners, the sum of $2500) — " 10 ORDINANCES OF THE Two thousand five hundred dollars, if so much be necessary — said amount not to be exceeded during the quarter. For levelling, Repairing, and Cleansing the Streets Levelling, repair- . . ing and cleansing and carrying- into etiect the orders ol Council, in rela- the streets. *1 o tion to Public Improvements ($6000) — Six thousand dollars, if so much be necessary. 4. For the Department of Lamps — ($2000) — two Lamps. thousand dollars, if so. much be necessary. 5. For the Fire Department ($3190.25) — Fire Department Three thousand one hundred and ninety dollars, twenty five cents, if so much be necessary, including the improvement of the Engine House in State-street, and the purchase of the Vigilant Fire Engine. 6. For the Orphan House — ($3740) — Three thou- ©rphan House, sand seven hundred and forty dollars, if so much be necessary. , 7. For the Poor House — ($3008) — Three thou- Poor House. sand and eight dollars, if so much be necessary. 8. For the Marine Hospital— ($1000)— One thou- Marine Hospital. -\ -i 11 • n -i i sand dollars, it so much be necessary. 9. For the Health Department — ($1000) — One lleilth Depart- ment, thousand dollars, if so much be necessary. 10. For the Interest Account — ($7,468) — seven i unrest Account, thousand four hundred and sixty-eight dollars, if so. much be necessary. 11. For contingent Expenses of the City — (1500) contingent ox- — ne thousand five hundred dollars, if so much be nens^s. necessary. 12. For a Special Appropriation for Contingen- * CITY OF CHARLESTON. 11 ices, subject to the order of the Mayor— ($500)— five S *£%%£■ ^Gllt 6XL)6QS6S* hundred dollars, if so much be necessary. Ratified in City Council this twenty-fourth day of May, in the year of our Lord one thousand eight hundred •and thirty-seven, and in the sixty-first year of Ame- rican Independence. ROBERT Y. ILAYXE, Mayor. By the Mayor. Will [AM Roach, Clerk of Council, No. 2. AN ORDINANCE To add to the duties and to increase the pay of the Oi- Raueei ntA Ug . derly Sergeant of the Main Guard. 1 der- oftbe . Be it Ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby \ J PavoftheOr ordained by the authority of the same, That from and LlnGuard ' after the first day of August, instant, the pay of the Orderly Sergeant of the Main Guard shall be Fifty Dollars per month. 2. And be it further Ordained by the authority aforesaid — That from and after the passino of this Or- orderly sergeant * ° of the Main Guard dinance the Orderly Sergeant of the Main Guard ™ ^V^'the shall be constantly on duty at the Main Guard-House, House - " by day as well as by night, to aid and assist the Cap- tain of the Guard, and the day men, in enforcing the 11 i ght pa}'. 12 ORDINANCES OF THE police regulations of the city, in addition to his pre- sent duties. 3. And be it further Ordained by the authority in ascertaining aforesaid — That in ascertaining the penalties for mis- penalties sncurr d p -l Jea£S y of S his behaviour and neglect of duty to which the Orderly monthly pay to . . be considered as Sergeant of the Main Guard may hereafter be subiect, day, and §30 as © J •» twenty dollars of the pay herein before allowed him, shall be considered as his monthly day's pay, and thirty dollars thereof as his monthly night's pay. Ratified in City Council this first of August, one thousand eight hundred and thirty-seven, and in the sixty-se- cond year of American Independence. ROBERT Y. HAYNE, Mayor. By the Mayor. , William Roach, Clerk of Council. No. 3. AN ORDINANCE Ratified ist Aug., To authorise the issue of Five per Cent Stock, o?t the 1837. v^^v-^, faith of the Corporation of the City of Charleston. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That Five per ^o^e P x e c r ee t di S ng Ck, Cent Stock, obligatory on the Corporation of the city $150,000, to be isi » nx , . sued, redeemable oi wiarleston, to an amount not exceeding One Hun- in 20 yeare, bear- • ™ e n sf pa^awe^uar: dred and Fifty Thousand Dollars, redeemable in ten years, be issued, under the order or resolu- tion of Council, from time to time, to such persons as • CITY OF CHARLESTON. J 3 may be willing to receive the same at par, or otherwise, as Council may direct, bearing interest at the rate of five* per cent, per annum, payable quarterly. 2. And be it further ordained, by the authority aforesaid, That immediately after the issue or sale of any portion or all of the said stock, certificates of the same, duly authenticated by the City Seal and Signature of the Mayor, shall be made for the respec- tive purchases in the manner and form following : — [FORM OF CERTIFICATE.] Certificates of the Ti r fi, 7 -. same to be made reasury of is liar Lesion, i for the purchaser Five per Cent City Stock. > day of 183 ) • Be it known, That there is due from the City Coun- cil of Charleston, unto or Assigns, the sum of Dollars, bearing- Interest, at the rate of five per cent, per annum, from the day of Anno Domini, 183 payable quarterly ; being Stock created in pursuance of an Ordinance of the City Council of Charleston, passed the 22d day of November, in the year eighteen hundred and thirty-seven, entitled, " An Ordinance to authorise the issue of five per Cent Stock, obligatory on the Corporation of the City of Charleston," re- deemable in ten years from the date of this certifi- cate ; which debt is recorded in, and transferable only at the office of the City Treasurer, by appear- ance in person, or by attorney, according to the rule and forms instituted for that purpose. And that the said Certificates, after the}'' are made , out, shall be examined ' by the Committee on Con- tracts, and by said Committee be delivered to the City . 14 ORDINANCES OF THE • Treasurer. And said Committee shall report their Certificates to he coTm"ttee by on the procedings, which report shall be signed by the City d sa id Stock shall be made, without any .charge being stock without i -I1 X T) * 1 1 1 111! charge; transfers made thereior : 1 rovided, however, that should any made on any " "SchMgSSi! holder of said Stock be desirous of effecting a transfer thereof, on any day other than the day fixed aforesaid, in all such cases a transfer may be made on paying the City Treasurer one dollar for each Certificate so is- sued. 4. And be it further ordained, by the authority aforesaid, That all persons wishing to make any trans- hw transfers of f er f g^^ Stock, shall endorse on the back of the Cer- stock to be made, ^n backof°certifi- tificate, the amount which is to be transferred, and the cate, and when . and how new persons to whom the transter is to be made, to which certificates to be r - the name of the person transferring to be affixed. 5. And be it further ordained by the authority aforesaid, That the City Treasurer, before he issues any new Certificates, shall endorse on the back of the Certificates, the number and amount of Certificates to be issued from the old Certificate, and in whose favor ; and when such statement shall be signed by the City Treasurer and countersigned by the Mayor, such Cer- tificate shall be deemed cancelled, and then shall CITY OF CHARLESTON. 15 be filed for reference and examination in the office of the City Treasurer ; the City Treasurer shall make out new Certificates agreeably to the statement en- dorsed on the old Certificate, taking receipts and making entries in the Transfer Book, in conformity to said receipts and statements. And said new Cer- tificates shall be signed by the City Treasurer and countersigned by the Mayor. 6. And be it further ordained by the authority aforesaid, That the books of the said Stock shall be Books of the shut fifteen days before the Qxiaterlv Dividends of is days before ^ the quarterly interest on the said Stock becomes due, that during f^^w™ the fifteen days no transfer of said Stock shall be transfers allowed , during that time; made. That the City Treasurer be required to JenaiTb C o r ok S keei> 1 1 1 • • i i l P l ano - accounts in keep separate and distinct books and accounts ior the relation to said - 1 - x stock and his receipts and payments of said stock, and a sum not th"refo n r S . ation exceeding one hundred and fifty dollars is hereby ap- propriated for defraying the expenses of the neces- sary Certificates and Books. 7. And be it further ordained by the authority aforesaid, That whenever a demand shall be made . ' Amount due to through the President of the Louisville, Cincinnati cincinnatY and _ . „..■•,.•,,•. Charleston Rail and Charleston Kail Road Company, for the payment Road company i J ' ~r J to be paid by an of the whole, or any part of the money borrowed by cent! stock! 6 pei the City Council from that Company, the Treasurer be, and he is hereby authorized to issue Five per Cent. Stock for the amount so demanded, and deliver the same to the Treasurer of said Company, provided the same shall be received at the current market value thereof, not being less than par. And should the same not be so received in discharge of said debt, then that the Treasurer do sell or dispose of so much 16 ORDINANCES OF THE of said Stock as may be necessary to pay the amount so demanded, unless there be a balance in the Trea- sury which may be applied to the discharge of the same, and Council shall direct the payment of the amount from such balance. Ratified in City Council, this first day of August, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of Amer- ican Independence. ROBERT Y. HAYNE, Mayor. By the Mayor. William Roach, Clerk of Council. No. 4. ltatifie i d 837. tAug ; . AN ORDINANCE To establish the rates of the Pilotage of steam boats. Sec. 1. Be it ordained by the Mayor and Aldermen of steam boats and Charleston in City Council assembled, and it is hereby pay for pilotage, ordained by the authority of the same, That,, from and iisn e ed n foT th S e tat " after the passing of this Ordinance, the master, owner, pilotage of vessel according or consignee oi every steam boat or steam vessel, tor to the draft of ° » the consideration of the pilotage of such steam boat or vessel, inwards to, or outwards from the port of Char- leston, shall pay to the licensed pilot who shall take charge of the same, one-half of the rates, fees or charges, now established by law for the pilotage of vessels, according to the draft of water of such steam boat or vessel at the time of such pilotage. CITY OF CHARLESTON. 17 All Ordinances is epe Sec. 2 Be it further ordained by the authority aforesaid, That all Ordinances and parts of Ordinances ^^ ttoTh repugnant to this Ordinance be, and the same are hereby repealed. Ratified in City Council this first day of August, in the year of your Lord one thousand eight hundred and thirty- seven, and in the sitxy-second year of American In- dependence. ROBERT Y. HAYNE, Mayor. By the Mayor. William Roach, Clerk of Council. No. 5. AN ORDINANCE To alter and amend the sixth clause of an Ordinance Ratified 1st a^., passed on the 30th day of June, 1815, entitled an Ordinance to authorize the appointment of a Board of Fire Masters, to define their powers and duties, and for other purpose therein mentioned. 1837. 1. Be it ordained, by the Mayor and Aldermen of A premium o Charleston in City Council assembled, and it is hereby to be distributed at the discretion ordained by the authority of the same, That for the en- te f r S th a e nwnsst M t a h e p ,, , , -. three Engines courao-ement of persons enrolled under managers and which shaii erst ° ■ L ° arrive at a fire officers of the Fire Engines, and acting under the Lwe r sTo rt the hem ~ ■..,-,-.. . Pin l (>p' -m«- Superintendent authority and direction ol the .Board of r ire Masters, °f li \% Board °/ " Fire Masters and a reward or premium of fifty dollars shall be distrib- action? ared for uted at the discretion of the Fire Masters, amonost the three Engines which shall, first arrive at a fire, report themselves to the superintendent or acting 18 ORDINANCES OF THE superintendent of the Board of Fire Masters then pre- sent and be prepared for action, subject nevertheless to such regulations in relation to the distribution of said premium between the Hose and forcing Engines and the withholding or granting the said premium, and the deciding upon the conflicting claims of persons de- manding the said premium, or any part thereof, as the said Board of Fire Masters shall from time to time make. And the decision of the said Board of Fire Masters of all claims for the said premium or any part thereof, shall be made final and conclusive. 2d. And be it further ordained by the authority aforesaid, That so much of the 6th clause of the Part of the clause , of^oTaw! Ordinance passed on the 30th day of June, 1815, as 1815, as to a rev aDd snarcf of $w relates to a reward of forty dollars to be distributed nd all Ordinan- ■% heretorlp^alld. amongst the three first Engines arriving filled and ready to discharge on a fire, and all Ordinances and parts of Ordinances repugnant to this Ordinance, be, and the same are hereby repealed. Ratified in City Council, this first day of August, in the year of your Lord one thousand eight hundred and thirty- seven and in the sixty-second year of American Inde- pendence. ROBERT Y. HAYNE, Mayor. By the Mayor. William Roach, Clerk of Council. No. 6. AN ORDINANCE ' e i837. '""" To alter the name of Lynch-street to Atlanctic-street. Be it Ordained, by the Mayor and Aldermen of CITY OF CHARLESTON. 19 Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and Lync]l . street t0 after the passing of this Ordinance, the Street leading called™ Atlantic from Church-street to the Battery, hitherto known as Lynch-street, be hereafter distinguished by the name of Atlantic-street. * Ratified in City Council this twenty-second day of August, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of American Independence. ROBERT Y. HAYNE, Mayor. By the Mayor. William Roach, Clerk of Council. No. 7. AN ORDINANCE i To amend the law on the subject of drains, pavements, sidewalks, and levelling and keeping the public Ratified 29thA Ug streets in order, and concerning trees in said v-*-v%*/ streets. 1. Be it ordained, by the Mayor a?id Aldkrmen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the Board TheBoard crea . created by an ordinance, ratified on the 3d of March, nance y of 3d r ^ • March, 1837, 1837, entitled " An ordinance to establish a Board i nv ? sted with ' certain powers as for levelling and filling up the streets, and keeping l&™™t\\<"™& D foot pavements. them in repair," shall have power and authority to 20 ORDINANCES OF THE point out and designate such new drains, gutters, side walks and foot pavements, as they may deem neces- sary or expedient, in any part of the city, to be laid down or built in such form, and composed of such ma- of what m°at"nais. terials, (except stone) as they may think proper, and with the consent of Council to contract for the build- ing and making thereof, also to have posts and planks where the same may be required, put up, at the edge of any foot pavement or side walks; also to have the to have th c streets graded, levelled, filled up and covered with leveiiej, filled up shells, hi other suitable materials, (except stone, - ) Pro- and covered with ' v r V vided, that in grading the streets hereafter, they shall how the streets' always be oraded in a convex form, rising gradually are to be graded. «/ o O o «/ gra > te I s ) 10 side a gu't- from the side to the centre, with grates at the sides, ters, and trans- ...- , 1 • i l • p 1 verse drains, &c. side gutters, and transverse drains leading irom thence to the main drains, the grates in the middle of the streets to be closed up ; and for defraying the expense of any such drain, gutter, side walk, foot pavement, posts and planking, and the grading, levelling, filling up and covering the street as aforesaid, the owners of lots, or parts of lots, fronting on any street, lane, alley or open court, where any such improvements are made, shall respectively pay such sum or sums of money, as shall be assessed by the said Board, the said assessment to be approved of by Council, in which assessment, the charges of measurement and collection shall be : in- cluded; but the cost of the materials used in improv- ing the carriage wavs between the side walks, in the manner aforesaid, (except the brick and other materi- als used in building the central drains,) shall be de- be W asse S °sed! > and frayed from the city funds ; the balance of the ex- how, and assess- ments collected. p ens g f improving such carriage ways, and the CITY OF CHARLESTON. 21 whole expense of making such foot pavements or side walks, including materials, to be assessed upon the owners of lots as aforesaid, according to the extent of the front of their respective lots on the street so im- proved, the payment of the amounts so assessed, to be enforced as follows, that is to say : All such assessments shall be made out by the Clerk owners of lots " paying for a brick of the Commissioners of Streets and Lamps, under ^XKe the order and direction of the said Board, and when from repairing or rebuilding the approved of by Council, shall be lodged in the hands SS*&SSii of the City Treasurer, who shall collect the amount in repair, thereof, in the same manner as City Taxes are col- lected, giving twenty days notice to the parties as- sessed : Provided that whenever the owner or owners of any lot shall have paid his, her or their assessment for a brick or stone pavement built for a side walk, he, she or they shall never afterwards be chargeable with the expense of repairing or rebuilding the same, but whenever such side walks shall be made of shells sand, or planks, or other materials than brick or stone, the owner or owners of such lot, before which such side walks shall be made, his, her or their heirs and assigns, shall forever after be compelled to keep the same in good repair, and shall be charged with, and shall pay the expense of all such repairs thereto 1111 11 1 1 ft -it-* i Fenalty on the as shall be made by the order ol the said Board. off " er » roccu , •> pant of any lot, 2. And be it further ordained by the authority afore- J^S'thi* w&ter to be said, That from and after the first day of October next, carried off - b l ■'■.«•! Cow, unless under any Bull, Ox, Steer, nor more than one Cow, in the SSf'SBSr City, unless such person shall keep such Cows in a house floored or paved, and kept constantly clean and free from dirt; and if more than one Cow shall be kept otherwise than is herein provided for, or if the cow-house shall at any time be found otherwise than perfectly clean and free from dirt, the owner or keeper of such Cow or Cows, shall be liable to a penalty of five dollars, and an additional fine of two dollars for every day that such house shall so remain after notice to comply with the law in this respect ; and no Cow, Heifer, Bull, Ox, or Calf, shall be suf- fered to go at large in the streets, under the penalty of five dollars upon the owner or keeper thereof; and any Cow, Heifer, Bull, Ox, or Calf, found going at large, may be taken up by any white person, and came going at retained till such penalty and all expenses of keeping taken u p"' &c - shall be paid to the person taking up the same ; Pro- vided, That nothing herein named, shall be construed 4 26 ORDINANCES OF THE cowimaybf to prevent Cows from being driven through the the V s e t?eets°to g ' streets to pasturage, in charge of a competent dri- pasture. . . . ver, or with a view to bring them into, or remo- ving them from the City ; and any slave or free person of color, guilty of any of the offences provi- ded for in this section, may be whipped by order of the Mayor or any Alderman, and may receive any number of lashes not exceeding twenty. Ratified in City Council this twenty-ninth day of August, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second y ear of Ame- rican Independence. ROBERT Y. HAYNE, Mayor. By the Mayor. William Roach, Clerk of Council. 1 No. 10. Ratified 29th Aug 1837. AN ORDINANCE, Making appropriations for the City Service, for tlirei months, from the twentieth of August, one thou- sand eight hundred and thirty -seven. Be it Ordained by the Mayor and Aldermen of Appropriations Charleston, in City Council assembled, and it is hereby Ending 2oth Nov. ordained by the authority of the same, That to meet 1887. the expenses of the City for the ensuing fiscal quar- ter, ending on twentieth day of November next, the CITY OF CHARLESTON. 27 following sums be, and the same are hereby appro- priated, for the purposes hereinafter mentioned, to be paid out of any money in the Treasury, not oth- erwise appropriated. That is to say — 1. For salaries, ($3562) three thousand five hun- For salaries, dred and sixty-two dollars, if so much be necessary. ■ 2. For City Guard, ($7500) seven thousand five cu y Guard, hundred dollars, if so much be necessary. 3. For the Department of Lamps, (including sala- Lamps, ries, ($4825) four thousand eight hundred and twenty- five dollars, if so much be necessary. 4. For the Orphan House, ($3799.51) three thou- orphan House, sand seven hundred and ninety-nine dollars and fifty- one cents, if so much be necessary. 5. For the Poor House, ($3008) three thousand PoOTffOT »- and eight dollars, if so much be necessary. 6. For the Marine Hospital, ($900) nine hundred Marine Hospital, dollars, if so much be necessary. 7. For the Health Department, ($500) five hun- £enl! h Depart " dred dollars, if so much be necessarv. 8. For the Interest Account, ($6516) six thousand interest Account. five hundred and sixteen dollars, if so much be ne- cessary. 9. For the Department of Streets, ($8851) eight streets. thousand eight hundred and fifty-one dollars, inclu- ding salaries, and levelling and repairing streets, and for carrying into effect the orders of Council, in re- lation to public improvements, if so much be neces- sary. 10. For the Fire Department, ($1153) one thou- Fire Department 3and one hundred and fifty-three dollars. Also, p. 28 ORDINANCES OF THE ($870) eight hundred and seventy dollars for the purchase of Hose, if so much be necessary, contingent Ex- 11. For Contingent Expenses of the City, ($1500) fifteen hundred dollars, if so much be necessary. jieuses. special Appro 12. For a Special Appropriation for Contingences, contingences subject to the order of the Mayor, ($500) five hun-? dred dollars, if so much be necessarv. Ratified in City Council, this twenty-ninth day of August, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of Amer- ican Independence. ROBERT Y. HAYNE, Mayor, By the Mayor, William Roach, Cleric of Council, No. 11. AN ORDINANCE I Ratified 30th Aug ,_ , , r t> in » „ , 1837 - To alter the name of " Barree btreet, to " Harleston Street" Be it ordained by the Mayor and Aldermen of Charleston in City Council assembled, and it is hereby ordained by the authority of the same, That, from and Name of "Barree- after the passing of this Ordinance, the Street called stre"" lesl °" " Barree-Street," and lying to the Western extremity CITY OF CHARLESTON. 29> of Harleston Green, be distinguished and known by the name of "Harleston- Street." Ratified in City Council this thirtieth day of August, in the year of our Lord one thousand eight hundred and. thir- ty -seven, and in the sixty-second year of American Independence. ROBERT Y. HAYNE, Mayor, JBy the Mayor. William Roach, Clerk of Council. Ratified 10th Oc No. 12. AN ORDINANCE To create a Sinking Fund to provide for the redemp tion of the Five per Cent. City Stock, issued under 18 ^ an Ordinance of Council, ratified the first day. of August, one thousand eight hundred and thirty- seven, and for other purposes therein mentioned. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That a Fund sinking Fund established to re- called a Sinking Fund, shall be hereby created, to- f^unde?^ Ordinance of 1st wards which Council shall each year, after the pass- August, lest, ing of this Ordinance, cause to be paid by drafts on the Treasurer, a sum not less than five thousand dol- lars, that the money thus placed in said Fund shall be constantly kept at interest until the time of the redemption of the Stock, issued under the Ordinance aforesaid arrives, and then the said Sinking; Fund 30 ORDINANCES OF THE shall be applied to the payment and discharge of the said Stock, as far as it will extend. 2. And be it further ordained by the authority Committee to •> ' v Md tbei^duTj™ 6 ' aforesaid, that the Mayor and City Treasurer, and one Alderman, to be annually appointed by Council, shall be constituted a Committee for the manage- ment of the said Fund, and it shall be their duty to vest the same previous to the first day of July, in every year. Time of redem - ^- ^nd be it further ordained, by the authority i l 5°ye e are? n " t0 aforesaid, That so much of the Ordinance referred to above, as requires said Stock to be redeemed in ten years, be, and the same is hereby repealed, and the same be issued for a term of fifteen years. Ratified in City Council, this tenth day of October, in the year of our Lord, one thousand eight hundred and thirty-seven, and in the sixty-second year of Ameri- can Independence. , HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. CITY OF CHARLESTON, 31 No. 13. AN ORDINANCE Ratified 10th Oct. 1837. To repeal an Ordinance, entitled " An Ordinance to re- peal so much of the Ordinance for regulating the, price and assize of Bread'' as requires loaves to be baked of a certain weight ; and to revive and con- ' tinue in force, an Ordinance, entitled " An Ordi- nance for regulating the price and assize of Bread, ratified Id of August, 1813." J. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby u - i Ordinance of ordained by the authority of the same, That an Ordi- ^S much of . n -. i I'll pur . , an Ordinance for nance ratified on the twenty-third day ol May, eigh- regulating the " ** " ° price and assize teen hundred and twenty -six, to repeal so much of quireTtaveT'to : g-\ -\~ o i i • n • y, be of a certain an Ordinance lor regulating the price and assize ol weight, re - pealed. Bread, as requires loaves to be baked of a certain weight, be, and the same is hereby repealed. 2. And be it further ordained, by the authority E y er y Baker °* ' * «/ i i sel1 or ex P ose to publication ol this Ordinance, every ±>aker or other sale > an £ of t he •T 7 J sorts of Bread person, who shall make or bake for sale, or sell or Stance, to?™- • . printthenumbers expose to sale, any ol the sorts ol .Bread, mentioned therein 1 ~\ *" District, author- times during- the course ot the day, tor the Mayor, wed to enterimo O K ■ " any house, shop, any of the Aldermen of this City, or Magistrates of ^ e se h a r u c s ^ fo ^ c - 1 , , -. , and examine any this District, to enter into any house, shop, stall, bake Bread, there «/ ■ L found, and if house, warehouse, or out houses, of or belonging to we^ht.^mat 1 ^ , rials, or not truly any Baker or vender of Bread, or elsewhere, and numbered, or J Iraudulently .1 IP' ' 1 J t 11 „*- mixed, mav seize there search lor, view, weigh and trv all or anv part SUC h Bread, and - *3 ft/ - t/-L send the same to of the Bread which shall be there found, and if t Qe Poor Uous& etc. any shall be discovered wanting in the goodness of the materials of which it shall be made, or de- ficient either in baking or legal weight, or not truly numbered, or fraudulently mixed ; in every such case, the Mayor, or any of the Aldermen of this City, or Magistrate of the District, shall seize such Bread so found, and send the same to the Poor House for the use of the poor, or make such other charitable distribution thereof as to him or them shall seem expedient. 6. And be it further ordained by the authority Penalty on any Baker or vender aforesaid, That if any Baker or vender of Bread f™£ ™ h c ° sha11 T n r> 1 1 1-1" .,1- 1 search, or hinder shall refuse such search and seizure to be made, the same, or : abuse any public or in anywise hinder or resist the same, or shall °*^e o° hfs*" 6 * at any time abuse any public Officer or Officers, his or their clerk or clerks, deputy or deputies, in the proper discharge of the public duty, he, she or they shall, for every such offence, forfeit a sum not exceeding one hundred dollars, and moreover shall have his, her or their name or names jDublished in one of the gazettes twice, in addition to the fore- going forfeiture of one hundred dollars. 7. And be it further ordained bv the authority 5 34 ORDINANCES OF THE cierk of council, aforesaid, That the Clerk of Council, or in case of or Messenger of • last'day of'evlry his absence or sickness, the Messenger of Council councilor to the shall, w T ithin the last day of every week, from the best .Mayor, the aver- t/ ,■* • • -" sfve?ai ce qu°aiitie e s information he can procure from those who sell the of Flour per bar- , • n n 1 T> i l rei, for the cur- largest quantity oi nour to the Joakers, make in rent week, which ° - 1 « / and I tak e en de a e s n tht writing, '(upon oath if required,) to the City Council, ordinary price of . „ . . _. . . . ' _. such Fiour, for it they shall convene, or upon there being no Coun- the ensuing week. * J. o cemined, and 8 " ci], to the Mayor for the time being, touching the notified in any of . if 1 1 1 1 • the gazettes, on average price per barrel, oi one hundred and mnety- the first publish- O l i ' J wfek. ayof every six pounds (196 lbs.) net, of the several qualities of flour sold within the City for the current week, to the intent that all Bakers of Bread, if they shall think fit, may attend the sitting of the said Assize, which said average price shall be deemed and taken as the ordinary price of such flour for the ensuing week, to which shall be added the sum of eighteen shillings and eight pence, as"a full compensation to the Baker; and the assize shall be ascertained and appointed according to the same, agreeably to the Table of Assize, hereto annexed,, which shall be notified i in any one of the gazettes, on the first publishing day of every week, for the information of all concerned; so that notwithstanding any advance or reduction that may happen in the price of flour, no alteration shall be made in the assize for the current week, either to raise the same higher, or sink the same lower. cierk of council, g. And be it further ordained by the authority or Messenger, to J J cmific a a [f ""the aforesaid, That the Clerk of Council, or in case of prices of the dif- ferent qualities of j-jjg absence or sickness, the Messenger of Council fiour, on the last ' O weeuVpeniity shall, within the last day of every week, make a Sir neglect. < return in the form of a Certificate of the prices of CITY OF CHARLESTON. 35 the different qualities of flour, in the manner already expressed ; to which return the said Clerk of Coun- cil, or in case of his sickness or absence, the Messen- ger of Council shall, from time to time, subscribe his name. And in case the said Clerk of Council, or in his absence or sickness, the Messenger of Council shall neglect or refuse to make the same, the person so offending, shall forfeit and pay a sum not exceed- ing fifty dollars. 9. And be it further ordained, by the authority Prosecutions P • -| rr-i-i 1 ' "11 l under this Ordi- .aioresaid, Inat no person or persons snail be prose- nance to be inm- 1 ■*■ L tuted in the City cuted for any offence before mentioned in this Ordi- ^TA'yTays^fter • -i i -I i i f i " tue offence. nance, unless he, she or they be prosecuted lor the same, in the City Court of Charleston, within thirty days included, after the offence is committed. 10. And be it further ordained by the authority ordinances aforesaid, That all Ordinances or parts of Ordinan- repealed. ces repugnant hereto, be, and the same are hereby repealed. Table of Assize. 36 ORDINANCES OF THE TABLE OF ASSIZE. rable of Assize. <=> . & — i in CIS • '3 c <_ _o 6 7—1 .5P '3 & c a o 6 — * CO 4c. loaf to weigh o •— it O $ c. $ 1 lb. oz. lb. oz. lb. OZ. lb. oz. 25 4 1 8 4* 2| 24 50 4 1 1 8* 4| 2± 24 4 1 1 8* 4$ 2| 23 1 50 4 1 1 8* 4f 2i " 23 4 1 2 9 5 2* 22 50 4 1 2 9 5 2* 22 4 1 2 9 5 2*. 21 50 4' 1 3 9$ 5$ 2J 21 4 1 3 9*. 5* 2£ 20 50 4 •1 3 9* 5i 2£ 20 4 > • 1 4 10 5* 2| 19 50 4 1 4 10 5* 2f 19 4 1 5 10$ 6 3 18 50 4 1 5 10* 6 o 3 ; 18 4 1 6 if 6i 3i 17 50 4 1 6 11 . 6i 3i 17 4 1 7 111 6* 3£ • 16 50 4 1 7 11* 6* 3i 16 4 1 8 12 6| 3i 15 50 4 1 8 12 6| S| 15 4 1 9 12* 7 3£ 14 50 4 1 10 13 1\ 3£ * l 14 4 1 10 13 7| 3* 1 13 50 4 1 11 13* 7* 3f 13 4 1 12 14 8 4 , 12 50 4 1 13 14* 8i 4| - 12 4 1 14 15 8* 4i 11 50 4 1 15 15* 8f 4* , 11 4 2 1 9 4* 10 50 4 2 1 1 0* 9i 4| 10 4 2 2 1 1 9*. 4£ 9 50 4 2 3 1 I* 10 ,0 5 9' 4 2 5 1 2* 10* 5|. • 8 50 4 2 6 1 3 M)| 5i ■■ 8 4 ■ , 2 ' 7 1 3* 11 5£ - '7 50 4 2 9 1 4* 11* 5f 7 4 2 11 1 5* 12J 61 6 50 4 2 13 1 6| 12| 6$ 6 4 3 1 8" o ia| 6f 5 50 4 3 2 1 9 14i 7| 5 4 3 5 1 10* 15 7£ 4 50 4 3 8 1 12 1 00 8 4 4 3 12 1 14 1 1 8£ . 3 50 4 3 15 1 15* 1 2 9 3 4 4 4 2 2 1 3| 9* CITY OF CHARLESTON. 37 Ratified in City Council, this tenth day of October, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of Ameri- can Independence. HENRY L. PINCKNEY, Mayor, By the Mayor. William Roach, Clerk of Council. No. 14. AN ORDINANCE To alter and amend an Ordinance, entitled, " An Or- Ratified lets Oct. • : _ 1837. dinance to provide for the. due Regulation of the Work-House, in the City of Charleston." Be it ordained by the Mayor and Aldermen of Master of the s^i 7 • S~1- sy •! 777 " • ' '*' ' W° r k House Charleston, in City Council assembled, and it is required to keep . at labor in crack- hereby ordained by the authority of the same, That the ^a^T^ Master of the Work-House, shall keep at labor, in £ e s « eets - aU 1 Negroes and per- crackinp- stones, for grading and Macadamizing the committed to the _ . W ork House Streets, all Negroes and persons of color, committed Wlt,1 . certain ox - 7 o -^ ceptiors. to the Work-House, with the exception of sick per- sons, or those committed for safe custody, or whose owners may otherwise direct, or who may be com- mitted for punishment on the -Tread-Mill — And all requisite instruments and materials, for the aforesaid purpose, shall be furnished by the City. And if the p en aity for neg- Master of the Work-House shall refuse or neglect to 38 ORDINANCES OF THE perform the aforesaid duty, he shall be subject to such fine as Council may direct. Ratified in City Council, this sixteenth day of October, in the year of our Lord one thousand eight hundred and thirty -seven, and, in the sixty-second year of Amer- ican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. i No. 15. AN ORDINANCE Rallfie i d 837 h Nov ' To create a Board for the Survey and Inspection of v~v-«^ Steamboats. 1. Be it Ordained by the Mayor and Aldermen of Charleston, in City Council Assembled, and it is hereby Ordained by the authority of the same, That there shall be elected by the City Council, immediately Three persons to " " *> S&flf'&ftSS after the passing of this Ordinance, and on the third ber, b> the city Monday in October in each year thereafter, three Council, to be de- *>, ». "peTtorTof steim persons, two of whom shall be shipwrights, . and one missioned by the skilled i n steamboat machinery, who shall be denom- Mayor. \> inated Inspectors of Steamboats, and shall be com- missioned by the Mayor under the seal of the City. 2. And be it further ordained by the authority Duty of the In- ". * Stion a andex! aforesaid, That it shall be the duty of the said In- animation of n •> -p» 1 • -i • •■ steam Boats, spectors, or a majority ol their .board, immediately CITY OF CHARLESTON. 39 after the arrival of a Steamboat at any of the wharves in the Harbour of Charleston, after every voyage from Norfolk, Baltimore, Philadelphia, New- York, and every other port or place bringing passen- gers, to visit such steamboat, and minutely and parti- cularly examine the Hull, Machinery, and other Equipments of such boat, and certify to the Mayor to certify the re - the result of such examination, specifying in detail the M ° l yo °. the condition of the said Boat and her Machinery, as to strength and safety of construction, and whether she is or is not sea-worthy. In case their certificate may be unfavorable to the sea-worthiness of any Boat, they shall report at length the causes and grounds which have led to such conclusion. And whenever the said Inspectors may have good reason to believe, either of their own knowledge, or from the informa- tion of others, that the* Master or Commander of any Steamboat, or the Engineer in charge of her Ma- inspectors to cet- tify to the Mayor chinery, is incompetent, or otherwise disqualified, for o^commandeVof ,i 1 • 1 r l • ■ l i an y Steamboat,or the proper discharge ot their respective duties, the Engineer, is in- competent or said Inspectors of Steamboats shall certify such mat- disc i ualified - ter to the Mayor. The Inspectors shall in like man- ner forthwith visit and examine every Steamboat now lying at any of the wharves in Charleston Har- bour, and make their certificate on the present con- dition of each boat as herein before required to the In c $i^P or ci/ 1 If j Mayor. In case of the sickness, death, resignation, ness, death, or * ., ° absence of any or absence from the State, of any of the said Inspec- theMayortoTp 3 ' tors, the Mayor shall appoint a competent person to act on the Board, ad interim, with the same power as the said Inspectors. 3. And be it further ordained by the authority 40 ORDINANCES OF THE t$ ! %£2!fa aforesaid, That if the Master, Commander or Engi- or Engineer of „ On l • ' r V any steamboat neer oi any bteamboat now lying at any of the who shall refuse " » "- 1 " examinaUoVor wharves in the Harbor of Charleston, or which may shall obstruct or . ' « . „ oppose the in- hereafter arrive from any port at any of the wharves spectors in the o ± •> iTcTofduty^ neg " aforesaid, That if the said. Inspectors of Steamboats, or either of them shall refuse or neglect to perform the duties enjoined by this Ordinance, he or they, unless sufficient cause be shown to the contrary, shall be liable to be removed from office by vote of the City Council. oath of inspec- 5. And be it further ordained by the authority aforesaid, That the said Inspectors of Steamboats, shall immediately after the passing of this Ordinance, take the following Oath or Affirmation before the Mayor — "I do solemnly swear, that I will truly, faith- fully, and impartially discharge the duties required of me by the Ordinance, entitled an Ordinance to create a Board for the Survey and Inspection of tors. CITY OF CHARLESTON. 41 Steamboats, to the best of my ability — So help me God." 6. And be it further ordained by the authority aforesaid, That it shall and may be lawful for the f z e e c d ° t r de ^ r °. r - _ _ fy, , ' . - . -i . • i ders to hold to Recorder On affidavit being made, stating particular- ban for offences ° ° x agalnstthisOrdi- ly the offence committed, to give an order to hold nauce - any person offending against the Ordinance, to bail in any sum not exceeding the penalty annexed to the offence, whether such offender be a transient person or resident. 7. And be it further ordained by the authority aforesaid, That for the services to be performed by SjSSS? 011 10 the said Inspectors of Steamboats, there shall be paid by the Captain or Agent of such boat five dollars for each examination of any Steamboat with the certificate of the Mayor as directed by this Or- dinance, which sum shall be equally divided between the officiating Inspectors. Provided that Council shall at all times have a right to alter this compensa- tion as they may deem expedient, and if the Captain or Agent of any Steamboat shall refuse to pay the amount of five dollars for every examination as above provided, the Inspectors are hereby authorized to recover the same by suit in any Court, having com- petent jurisdiction. 8. And be it further ordained by the authority , napmors t0 aforesaid, That the said Inspectors shall keep a book, !*■» pkkmck in which their proceedings shall be recorded, and the same shall be left at the office of the Harbor Master for public inspection. 6 %, » t « 42 ORDINANCES OF THE Ratified in City Council this seventh day of November, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor, By the Mayor. William Roach, Cleric of Council, No. 16. AN ORDINANCE Making Appropriations providing for the City S'er~ Ratified 16th Not ° rr * * & J J 1837 " vice for three months, from the twentieth day of November \ one thousand eight hundred and thirty- seven. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby Appropriations ordained by the authority of the same, That to meet, for three months , ■ /■» i Nov th i e 837 th end- ™ e ex P enses of the City, for the ensuing fiscal quar- Ffb° n i838. l ter, ending on the twentieth day of February next r the following suras be, and the same are hereby appropriated, for the purposes hereinafter mentioned, to be paid out of any money in the Treasury, not otherwise appropriated, that is to say : — for salaries. ^. For Salaries, ($3562.50,) three thousand five hundred and sixty-two dollars and fifty cents, if so much be necessary. city Guard, 2. For the City Guard, including incidental ex- CITY OF CHARLESTON. 43 penses, ($7500,) seven thousand five hundred dollars, if so much be necessary. 3. For the Department of Streets, ($15,000) fif- street De PM t- teen thousand dollars, if so much be necessary, and including salaries. t 4. For the Department of Lamps. ($4825,) four Lamps> thousand eight hundred and twenty-five dollars, if so much be necessary. 5. For the Fire Department, ($2137,) two thou- Fire Department sand one hundred and thirty-seven dollars, if so much be necessary. 6. For the Orphan House, ($2660.10,) two thou- orphanHouse. sand six hundred and sixty dollars and ten cents, if so much be necessary. 7. For the Poor House, ($3200,) three thousand P°<>r House, two hundred dollars, if so much be necessary. 8. For the Marine Hospital, ($1300,) one thousand Marine Hospital, three hundred dollars, if so much be necessary. 9. For the Health Department, ($500,) five hun- Health Depart . dred dollars if so much be necessary. 10. For the Interest Account, ($8619,) eight thou- Interest Account, sand six hundred and nineteen dollars, if so much be necessary. 1 L. For City Contracts and Accounts, including cay contracts » ' O and Accounts. City Badges and Lazaretto, ($12,000,) twelve thou- sand dollars, if so much be necessary. 12. For Contingent Expenses of the City, (1500,) c °£ e ° gentex - one thousand five hundred dollars, if so much be ne- cessary. 13. As a Special Appropriation for Contingencies, SSifSian. subject to the order of the Mayor, (500,) five hundred tingencie8, dollars, if so much be necessary. 1 44 ORDINANCES OF THE wwte Point. 14. JPor the purchase of Property at White Point, ($35,000,) thirty-five thousand dollars, if so much be necessary. Ratified in City Council, this sixteenth day of November, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty ^second year of American Independence. ROBERT Y. HAYNE, Mayor, By the Mayor. William Rqaph, Cleric of Council, No. 17. AN ORDINANCE i R^fied ?2d Nov. To authorize the issue of Five per Cent. Stock, obliga- 1837. tory on the Corporation of the City of Charleston, 1. Be it ordained, by the Mayor and Aldermen of Charleston in City Council assembled, and it is hereby ordained by the authority of the same, That Five per Five per cent Cent Stock, obligatory on the Corporation of the stock not exceed- be g i!suod re- to ^ity of Charleston, to an amount not exceeding One yea™?be e arin g Hundred and Fifty Thousand Dollars, redeemable deemable in 20 years, bearing interest at the cent p f er annum m twen ty years, be issued, under the order and re solution of Council, from time to time, to such per- sons who may be willing to receive the same at par, or otherwise, as Council may direct, bearing interest at the rate of five per cent per annum, payable quar~ terly. CITY OF CHARLESTON. 45 2. And be it further ordained by the authority upon the issue or J •> sale of the Stock, •aforesaid, That immediately after the issue or sale cerStesTr' . the same to ba of any portion, or the whole of the said stock, certi- m * d c e h ^ r tl18 ficates for the same, duly authenticated by the City Seal and Signature of the Mayor, shall be made for the respective purchaser, in the manner and form following : — FORM OF CERTIFICATE. Five per Cent City Stock — Treasury of Charleston. > Form of cerlifi . day of " 183 ] cate - Be it known, That there is due from the City Council of Charleston, unto or Assigns, the sum of Dol- lars, bearing Interest, at the rate of five per cent per annum, from the day of Anno Domini, 183 payable quarterly ; being stock created in pursuance of an Ordinance of the City Council of Charleston, passed the twenty-second day of November, in the year eighteen hundred and thirty-seven, entitled " an Ordinance to authorize the issue of Five per Cent Stock, obligatory on the Corporation of the City of Charleston," redeemable in twenty years from the date of the said Ordinance, which debt is recorded in, and transferable only at the office of the City Treasurer, by appearance in person, or by Attorney, according to the rule and forms instituted for that purpose. And that said Certificates, after they are made certificates to ba out agreeable to the sales and issue of said Stock, committee f ° ' Ways and Means, shall be examined by the Committee on Ways S^cS 1 t^L^ and Means of Council, and by said Committee de- por ''. their P ro - 7 •> ceedings, &c. livered to the City Treasurer. And said Committee 46 ORDINANCES OF THE shall report their proceedings, which shall be sign- ed by the City Treasurer, and recorded in the Council Journals; whereupon the City Treasurer shall become accountable for the whole of the stock issued under the authority of this Ordinance. And certificate to be *^ e sa *^ Certificate shall be ready for delivery to chas V e T topur " the respective persons, entitled to receive the same as soon as made out. 3. And be it further ordained by the authority ceniSefof aforesaid, That the City Treasurer shall appoint Stock, when and -> i i- * ■' ' i c p/~i how made. one day m each week, in which transfers of Cer- tificates of said Stock shall be made without any charge being made therefor. Provided, however, that should any holder of said Stock be desirous of effecting a transfer thereof, any day other than the day fixed aforesaid, in all such cases a trans- fer may be made on paying the City Treasurer one dollar for each Certificate so issued. 4. And be it further ordained by the authority Persons wishing ■/ •> t^n^oree^nu^e aforesaid, That all persons wishing to make any back of the Cer- «,*»•'« tificatethe transfer of said Stock, shall endorse on the back of amount to be ' the Certificate, the amount which is to be trans- fered and the person to whom the transfer is to be made, to which the name of the person trans- Dutyofthe ferring, is to be affixed. The City Treasurer, be- Treasurer. as to r» l • /"l • r» 1111 new certificates, tore he issues any new Certificates, shall endorse on the back of the Certificates the number and amount of Certificates to be issued from the old Certificate, and in whose favor, and when such statement shall be signed by the City Treasurer and countersigned by the Mayor, such Certificate shall be deemed cancelled and it shall be there Wt CITY OF CHARLESTON. 47 filed for reference and examination in the office of the City Treasurer. The City Treasurer shall make out new Certificates agreeably to the state- ment endorsed on the old Certificate, taking re- ceipts and making entries in the Transfer Book in conformity to said receipts and statements: And said new Certificates shall be signed by the City Treasurer and countersigned by the Mayor, 5. And be it further ordained by the authority . d Stock Bonks to aforesaid, That the books of the said stock shall be ^^XVo"^^ 13 closed fifteen days before the Quarterly Dividends of de^dsof interest becomo due, and Interest on the said Stock becomes due ; and during "J^StliXrt the fifteen days no transfer of said Stock shall be made. The City Treasurer is hereby required to City Treasurer to keep separate and distinct books and accounts for Books, and a c - *■ counts, &c. the receipts and payments of said Stock, and a sum not exceeding one hundred and fiftv dollars is here- by appropriated for defraying the expenses of the necessary Certificates and Books. . 1 6. And be it further ordained, by the authority aforesaid, That a fund called the Sinking Fund shall established, a U nd ° moneys, &c, be hereby created, towards which all Moneys, Bonds, SJSSSS and Mortgages, from time to time, derived by Council &c. out of the sales of any of the Lands and other pro- perty of the City, directed at any time hereafter to be disposed of by order of Council, shall be appro- priated. The money thus placed in said fund shall be constantly kept at interest until the time of the re- demption of the Stock issued under the authority of this ordinance arrives; and then the said Sinking Fund shall be applied to the payment and discharge of the said Stock, so far as it will extend ; and ther % 4$ | ORDINANCES OF THE ft"ge. Major, City Treasurer, and one Alderman, to be ail- ment of the Sink- ,.. • i /-H ins Fund, nually appointed by Council, shall be constituted Commissioners for the managemeot of the said Sink- inor Fund. ° Ratified in City Council, this twenty-second day of Novem- ber, in the year of our Lord one thousand eight hun- dred and thirty-seven, and in the sixty-second yea? of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. J837. No. 18. AN ORDINANCE ftati/ied 29th Dec. To lend the aid of the City for the purpose of securing the Banking Privileges of the Louisville, Cincin- nati, and Charleston Rail Road Company. Whereas, the States of North and South-Carolina, and Tennessee, have made a grant of Banking privi- leges to the Stockholders of the Louisville, Cincin- nati, and Charleston Rail Road Company ; but in or- der to secure the same, it is requisite that the capital Stock of the said Company shall be increased to Eight Millions of Dollars, and that a considerable sum of money, in cash should be raised within the present month ; and whereas, the whole of the said . CITY OF CHARLESTON 49 amount has not vet been subscribed and raised, and the short period now remaining, renders some imme- diate action necessary; and whereas, it is an object of the greatest importance to the citizens of Charles- ton, that the Charter should be secured, and that this great enterprise should advance : 1. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the May- Mayor directed or of the City, in the name and behalf of the Citv b ^ifofthecu y " J to subscribe, on of Charleston, shall, on or before the thirty-first day v^^^l* of December ensuing, subscribe to the Capital Stock of ,f he " Lo . u ' s - o ■ -T ville, Cincinnati, of the Louisville, Cincinnati and Charleston Rail Raii C Road es com- Road Company, such an amount as shall then be * m °]> at as s >?» r J 7 be then requisite requisite to increase the said Capital Stock to the said'capTtai 1 e Stock to the sum sum of Eight Millions of Dollars. Provided, howev- °f$s,ooo,ooo. er, that the amount so to be subscribed, by the May- to exceed seven J J Hundred Thou- or, shall not exceed Seven Hundred Thousand Dol- 5andDolla "- lars ; and, provided also, that in case it shall appear Provision in case * ■*■ f- of excess of sub- when the returns of subscriptions shall have been scn P tlons - duly received, that more than Eight Millions of Dollars shall have been duly subscribed, at the time of finally closing the books of subscription, including the amount to be subscribed under this Ordinance, then and in that case, the excess over the said Eight Millions, shall be deducted from the subscription of the City, and the said subscription shall stand only for such an amount as with all the other subscrip- tions at the time of closing the books, shall be requi- site to make up the sum of Eight Millions of Dollars, and if the whole of the said amount shall have been 7 50 ORDINANCES OF THE subscribed by other subscribers, then the whole sub- scription of the said City shall be cancelled. Appropriation of 2. And be it further Ordained by the authority the'firstLtai- aforesaid, That the sum of Thirty-Five Thousand Dollars, if so much be necessary, be appropriated from any moneys in the Treasury, not otherwise ap- propriated, for the purpose of paying the first instal- ment upon the said subscription. tbity Treasurer to 3 - Ancl be ^ further ordained by the authority ofstock er to thV 8 aforesaid, That the City Treasurer be, and he is amount of - Srt'*tsi*r hereby directed to issue Certificates of Stock, to the atrt'epieas^re of amount of One Hundred Thousand Dollars, with the City, and to a\ e a V foan e to S \he interest at the rate of five per cent, per annum, re- cinCtTand' in " deemable at the pleasure of the City, and to deliver Charleston Rail L ... Road company." ^q same as a l oan i Q the said Louisville, Cincinnati, and Charleston Rail Road Company, on receiving from the said Company its obligation to reimburse the City for the principal and interest of the said loan, whenever thereunto required. The 5 per cent. 4. And be it further ordained by the authority Stock hereby «/ * subject^the 3 aforesaid, That the said five per cent. Stock, shall, in same regulations , . ., . as the other 5 all respects, be subiect to the like regulations as ex- Der cent. Citv IT > J C per cent. City Stock, ist in relation to other five per cent. Stock issued un- der the authority of the City. Ratified in City Council this twenty -ninth day of December r in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor, By the Mayor. William Roach, Clerk of Council. CITY OF CHARLESTON. 51 No. 19. AN ORDINANCE, To provide a Salary for Office of Clerk of the City Ratified 29th Dee. J 83T. Court of Charleston. s-*-v~w Be it Ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the Clerk salary of the C i rv rt .■; n -,-, -, • Clerk of the City or the Uity Court, as a full compensation lor all his c t °g est e ! r b a ^' d services in attending- the Examining Court held by chSge"a l |^nst . . the City, payable the Recorder, and performing such duties as may be O i n i Name of, altered heretofore known as Gnampney s-fetreet, shall here- toExchange- after pass and be known as Exchange-street Ratified in City Council this thirteenth day of March, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence, HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 24. AN ORDINANCE To raise Supplies for the City of Charleston, for the RatwedsaApr Year Eighteen hundred and thirty-eight. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the fol- 8 58 ORDINANCES OF THE buildings, 50 cts. on the value thereof. lowing species of property owned or possessed with- in the limits of the City of Charleston, shall be subject to taxation in the manner, at the rate, and conformably to the provisions herein after specified, regard being had to the real value of the same, viz., Every house, building, wharf, lot or other landed Taxes on lots and estate, shall be, and is hereby made liable to a tax of every'niooof fifty cents on every hundred dollars, of the value or : assessed •/ «/ estimate thereof, to be assessed by the City Inquirer and Assessor. 2. And be it further ordained by the authority aforesaid, That on the gross amount sales of all the goods, wares and merchandize, sold within the limits of the City of Charleston, by any person or persons whomsoever, and whether for cash or credit, for, or on their own account, or on account of others, be- tween the 1st day of April, 1837, and the 1st day of April next, inclusive, ensuing the date of this ordi- nance, there shall be paid by the person so selling, |i°o c o e of s 20 cents on every hundred dollars of the amount of mc". Hiiivu ll t OX - _ •■•• s\ ■% t sales of goods, such sales respectively, m pursuance of the 28th wares and mer- i *) r tweeVfhe in of clause of the Tax Ordinance ratified last year. Pro- i838^ tofApri '' v ided that this clause shall not extend to Rice and made™ Cotton sold by wholesale by any factor, or to Goods, Wares and Merchandize sold at public auction. That m every person selling or disposing of Goods, Wares and Merchandize, shall, between the first and twenty- first of April, next ensuing the date of this ordinance, deliver a true and just return of the amount of sales made by him, her or them, within the period aforesaid, to the City Inquirer and Assessor, at his On Sales, 20 cents ou every the amount of CITY OF CHARLESTON. 59 office, and then and there shall take the following oath, " I, A. B., do solemnly swear (or affirm, as the case may be) that the return which I now give in, contains a just and true account, and correct repre- sentation of the gross amount of sales of all Goods, Wares and Merchandize, Real and Personal Estate, sold by me, between the 1st day of April, 1337, and the 1st day of April, 1838, inclusive, subject to tax- ation by the preceding clause, for, or on my own account, or for or on account of any other person or persons whomsover. So help me God." 3. And be it further ordained by the authority aforesaid, That the amount of all sales of Goods, Wares and Merchandize, made by Vendue Masters at private sale, whether on their own account, or on Private saie^- by ■*■ VeDdue Masteri account of others, is hereby declared liable to the sameasabove - aforesaid tax of twenty cents on every hundred dollars of the amount of such sales, respectively, — and shall be included in the return required to be made as aforesaid to the City Inquirer and Assessor. 4. And be it further ordained, by the authority aforesaid, That if any person or persons selling or disposing of Goods, Wares and Merchandize, within the city, as aforesaid, and who is required by this Ordinance to make a return of the amount of sales thereof, shall fail or neglect to make such return, at the time and in the manner herein prescribed; or if any person or persons shall, in any return to be made as aforesaid, omit the amount of any sales made by him or them as aforesaid ; or shall by a false return 60 ORDINANCES OF THE prevent a full taxation, to which such sale or sales, if duly and fairly returned, would have been liable, every such person or persons shall be liable to a tax Tax of 100 cents of one hundred cents on every hundred dollars of the on every $100 of J in e Ja a de, e forfaii c - k value of stock in trade, held or possessed by him, her returns, or for or them, between the 1st day of April, 1837, and the erroneous return. ■/•.*..*■* 1st day of April, 1838, inclusive, to be assessed by the City Inquirer and Assessor. 5. And be it further ordained by the authority aforesaid, That all profit or income arising from the pursuit of any faculty, profession or occupation, trade or employment, (excepting those hereinafter ex- cepted,) whether in the profession of the law, the profits be derived from costs of suits, counsel fees, or other sources of professional income, and on the amount of commissions received by Vendue Masters, or other persons vending goods, wares and merchan- ineomes taxed dize, or real and personal property on commission, $ioo. nts r shall be liable to a tax of fifty cents on every hundred dollars : Provided, however, That nothing herein con- tained shall be so construed as to subject to taxation Exceptions. j.]^ p ro fJt or income of any Mechanic, arising from the particular trade he pursues, nor the salaries of the Judges and other public officers, exempt from taxation, or not taxed by the Legislature of the State, nor salaries of the Clergy, or the profit or income of School-masters, or other teachers employed in the education of youth, arising from such employment ; nor the salary of any Minor ; neither shall the tax hereby imposed upon Carriages, apply to such carts, drays or hackney carriages, as ply or are employed CITY OF CHARLESTON. 61 for hire, by virtue of license obtained from the City Treasurer; and provided that no tax shall be im- posed on any building occupied as a religious, chari- table, or literary society, or their funds* 6. And be it further ordained by the authority aforesaid, That every Slave, within the city, under slaves under 12 years of age $1.50 twelve years of age, shall be subject to a tax of one ownedbj 2 ' 50, dollar and fifty cents. Every slave within the city," over twelve years of age, shall be subject to a tax of two dollars and fifty cents. Every slave working out, or employed in the city, whose owners reside without the limits of the said city, shall be subject to a tax of five dollars, over and above the cost of the proper badge. 7. And be it further ordained by the authority aforesaid, That every coach or other carriage, having four wheels, and drown by two horses or more, except as hereinafter provided, shall be liable to a tax of twenty-five dollars; every coach or carriage having- Coacu.&char J J O o ing 4 wheels four wheels and drawn only by one horse, shall be hor»s$^?ditw ,", t OP by 1 horse $12.50: liable to a tax of twelve dollars and fifty cents ; pro- w"f ™™lcei n vided that where more than one four wheel coach or more 'than "£» pair of horses, carriage may be owned by any person who may Twowhletchairs possess not more than a pair of horses, such person ho7 se andmu r ie shall not be liable to a tax for such additional coach or carriage. Every two wheel chaise, chair, sulkey or other carriage, shall be liable to a tax of six dol- lars. Every horse not used for military purposes by the owner, and every mule, shall be liable to a tax of six dollars, except such as are used in licensed carts 62 ORDINANCES OF THE and drays, that is, two horses or mules for each li- censed double cart, and one horse or mule for every other licensed cart or drav. S. And be it further ordained by the authority aforesaid, That the taxes on landed or personal estate herein before particularly described, shall be payable Taxes on landed by the persons who, on the 1st day of January in the and personal J L ' %■' w b^those who"*" 1 present year, were the respective owners or repre- were the owners , "• " •• iiiitii nToUan the sentatives thereof; but that every horse shall be liable and X car r ? ag e" es to the tax herein before expressed, that shall be owned bow assessed. \ ... or kept in the city at any time during the present year, after the passing of this ordinance; and that every coach or other carriage used in the city for one month, except in the cases herein before provided, shall be liable to the tax imposed upon such objects in the seventh clause ; and if not returned by the owner, or any person using the same, shall be liable to a treble tax, one half of the extra tax to go to the informer. 9. And be it further ordained by the authority Transient per- aforesaid, That it shall not be lawful for any tran- »ons not to vend . n , . roods from ves- sient person, master, or other persons, attached to any sels or wharves, *• x - ■- *> Taxland^Hcense vessel not belonging to the port of Charleston, to vend for'each^nd 200 on Doar( l any vessel, or on the wharves, any goods, wares, merchandize, or produce, (excepting provi- sions and other produce of this state, fruit, fish, and articles for public market,) either on their own ac- count, or as agent and consignee, until he or they shall have obtained from the City Treasurer a license to sell such goods, wares, merchandise, or produce as aforesaid, for which license they shall respectively pay every offence. CITY OF CHARLESTON. 63 to the City Treasurer the sum of one hum] red dol- lars, together with the aforesaid tax upon the amount of his sales, the said license to continue of force for one year ; and if any transient person, maste r or any other person, attached to any vessel not belonging to the port of Charleston, shall sell on board any vessel, or on any of the wharves, any goods, wares, merchan- dize or produce, not excepted as aforesaid, without a license, contrary to this ordinance, he or they shall forfeit and pay, for each and every such offence, the. sum of two hundred dollars, to be recovered by suit in the City Court, in the name of the City of Charles- ton, one half thereof for the use of the person who shall prosecute the offender to conviction, and the remainder for the use of the city. 10. And be it further ordained, by the authority aforesaid, That it shall be the duty of the City In- cu y inquirer and Assessor to make quirer and Assessor, to form an alphabetical list of all porary'resldeX . 1 • | . • ,i 11 with the amount temporary residents in, the city, viz., ot all persons of their nock in trade and profits, carrying on any faculty, profession or occupation, t "xed 8 $iupon -. •• . I | every $100. trade or employment, either on their own account, or as agents, for the space of ten days, and not more than eight months, and assess such persons respectively, the amount of their stock in trade, and profit and income, and hand over said list and assessment to the Treasurer, who shall immediately give notice to the parties, that he is ready to receive the tax on said stock in trade, and profit and income ; and the per- sons so assessed, shall respectively pay a tax of one hundred cents on every hundred dollars of the amount so assessed for stock in trade, and profit and 64 How collected. ORDINANCES OF THE income, upon them respectively. And against all such as do not come forward and pay the same, within ten days thereafter, executions shall be forth- with issued : provided that nothing herein contained, shall apply to such persons as may give security to the City Treasurer to make their returns, and pay the tax upon sales, conformably to the provisions of the second clause. Lots without a well or cistern, and pump, taxed $40. 11. And be it further ordained by the authority aforesaid, That every lot, sub-divided lot, or piece of ground within the city, enclosed and occupied, and which has not a good and sufficient well, or cistern, capable of containing at least 300 gallons of water, and built of brick or stone, with a pump to the same fit for use, shall be liable to a tax of forty dollars, for every such lot, or piece of ground, whether the same be liable to assessment or not. taxed 12. And be it further ordained by the authority aforesaid, That all such taxable property within the Absentees double city, as may belong to any person residing without the United States, shall be liable to a double tax : but this clause shall not be construed to extend to the property of any person or persons sent or gone abroad, in the employment of this State, or of the United States, until one year after the expiration of their mission. 13. And be it further ordained by the authority aforesaid, That every person or persons who shall hereafter act as agent for any individual, or associ- \ CITY OF CHARLESTON. 65 ation of individuals, not incorporated by the laws of A .P en ¥ c y° fF «- -L J eign Insurance this State, for the purpose of effecting insurances tu°n amount^" .,., . . , . n I'-it i premiums receiv- within the city against loss of any kind, shall, on the |£ e a d ^f^ 111 30th day of June next, and on the 31st day of Decem- ber next, render to the City Treasurer, under oath, a just and true account of all premiums received by him, or any other person for him, or agreed to be paid, for any such insurances effected by him during the present year, and shall pay to the City Treasurer six per cent, on the amount of all such premiums, and every such agent who shall neglect to make such re- turn, and pay as above required, such six per cent, upon the premiums paid or agreed to be paid, on the day aforesaid, shall forfeit and pay the sum of one thousand dollars, to be sued for and recovered in any Court having cognizance thereof. And every Broker Brokers, & c .. to 00 X pay the same tax or person dealing in Brokerage, who shall hereafter ^dp^lvYn 65 ' n .,..,, . /»."''■.. case of neglect. act as agent lor any individual or association ol indi- viduals, beyond the limits of this State, not incorpo- - rated by the laws of this State, for the purpose of selling and buying Bills of Exchange, buying or sel- ling Stocks, or dealing in money Bills or Notes, shall, on the 30th day ot June next, and on the 31st of December next, render to the City Treasurer, under oath, a just and true account of the whole amount of the profit, interest, and income derived by himself or his principal from such buying, selling or dealing, and shall pay to the City Treasurer six per cent on the whole amount thereof; and every such agent who shall neglect to make such return, and pay as above required, such six per cent as aforesaid, shall forfeit and pay the sum of one thousand dollars, to be sued 9 66 ORDINANCES OF THE for and recovered in any Court having cognizance thereof: provided, that nothing herein contained shall Banks and Insur- A o fncorpoSby be construed to extend to the operations of any Bank excepted.' or Insurance Companies chartered by this State, acting within the limits of their respective charters. 14. And be it further ordained by the authority aforesaid, That all persons residing beyond the boundaries of the City of Charleston, who habitually Persons living J ' J out of the limits • . .i • 'i_ j "i " . V • of the city, to pay come into the city to carry on their daily business, the same tax on .. . S're^idenis? 011168 shall be liable to the same tax on the amount of their sales of goods, wares and merchandize, within the city, and on their incomes, derived from business carried on within the city, as is imposed by this ordi- nance, on persons residing therein, which tax shall be returned, collected, and enforced in like manner as is herein provided for in other cases. 15. And be it further ordained by the authority aforesaid, That the following sums shall hereafter be paid for Licenses and Badges : — For every Omnibus, Hack, or other Carriage, with four wheels, let, used, or driven for hire, and drawn by two horses, the sum of $25 00 - For every Omnibus drawn by four horses, . 30 00 For every Omnibus drawn by six horses, . 50 00 For every Carriage, with two wheels, so used, 12 50 For every Cart or Wagon, drawn by two horses 1$ 00 For every Cart or Wagon, drawn by |one horse, . . . . . 10 QQ Licenses. CITY OF CHARLESTON. 67 For every Dray, drawn by two horses, . 12 00 For every Dray, drawn by one horse, . 10 00 For each Ticket or Badge, to be obtained from the City Treasurer, for any Slave, male or female, to be employed in hire out of their respective houses or families, the following sums, viz. : — ■ For every Handicraft Tradesman, For every Carter, Drayman, Porter, or Day Laborer, ,*».». For every Fisherman or woman, . 4 . For every House Servant or Washerwoman For every Seller of Fruits or Cakes, or any article not prohibited, . . . . 5 00 And Licenses or Badges taken out by non-residents, shall be charged double the above amounts. 7 QQ Badges, 4 00 2 00 2 00 Non-residents double. 16. And be it further Ordained by the authority ■''.-'•, ^ No slave or fre« aforesaid, That from and after the first day of May j^y^' next, no slave, or free person of color, shall be per- mitted to keep any Dog in the City of Charleston under the penalty of one dollar for every day such p«nait y . dog shall be kept ; and every slave or free person of color, charged with keeping any dog or dogs, con- trary to this ordinance, shall be brought before the Mayor or presiding Alderman at the Police Court, and on failing to pay such fine as may then and there be imposed, may be committed to the work-house for a period not exceeding one week, or flogged not exceeding twenty lashes, at the discretion, of the Mayor or presiding Alderman as aforesaid ; and any slave, or free person of color, residing on any lot 68 CITY OF CHARLESTON. where no white person resides, may be deemed and Evidence. taken to be the keeper of any dog found on the pre- mises, unless he or she can show who is the owner and keeper of the same ; and any white person resi- ding on any lot where slaves and persons of colour also reside, may be deemed and taken to be the own- er and keeper of any dog found on the premises, unless he or she shall, when called upon for that purpose, shew who is the owner or keeper of the same. 17. And be it further ordained by the authority Dogs keptby aforesaid, That on every dog kept by any white per- white persons ^ ° L ^ * ■*• n^rcthan one |3 son, or on the premises, there shall be paid a tax of If more than -in i i l 1 three, $5. two dollars to the city, and on every dog more than one a tax of three dollars, and for every dog more than three, a tax of five dollars ; and any dog or dogs kept as aforesaid, shall be included in the tax return of the owner or keeper thereof, or the head of the family or keeper of the house, where such dog is kept when dogs may or harbored. And on the payment of the said tax. De allowed to go r J . » the owner or keeper of such dog or dogs shall be entitled to receive from the City Treasurer a license for such dog to go at large for one year, provided a collar shall be constantly worn by such dog r having the name of the owner legibly written, stamped, or engraved thereon; and provided also, that if at any time it shall be deemed unsafe to permit dogs to go at large, it shall be the duty of the Mayor to issue a proclamation forbidding the same. And any dog whenjuibieto found going at large after such notice, and until such proclamation shall be revoked, shall be killed, and ORDINANCES OF THE GO the owner or keeper thereof, shall be moreover liable to a fine of ten dollars. And any dog found in any lot, or going at large, contrary to this ordinance, m&^ be lawfully killed ; and any person keeping any dog contrary to this ordinance, shall be iiable to a fine of one dollar for every day any such dog may be so kept. And for failing to make a return of any dog, liable to taxation, the owner or keeper thereof shall be liable to a double tax, as in other cases. 18. And be it further ordained by the authority aforesaid, That the following oath, in addition to the oathtobet»k«« ° iu relatiou to oaths now prescribed by law, shall be taken by all dogs * persons making a return of taxable property in the city, viz. : — " And T, A. B., do further swear, that there is no dog kept by me, or on my premises, liable to taxation," — to which shall be added the following, where a dog or dogs may have been returned, — " ex- cept such as have been duly returned," — So help me God. And it is hereby ordained, that any dog brought into the city, shall be immediately reported to the City Treasurer, and the tax paid, and a license taken out for the remainder of the year, under a penalty of five dollars, on the owner or keeper of said dog, or the person on whose premises the said dog may be found ; and any dog at any time found in the city, shall be deemed and taken to be kept therein, and liable to the tax aforesaid. 19. And be it further ordained by the authority aforesaid, That in addition to the permission of Council, required by the ordinance concerning ?0 CITY OF CHARLESTON. , amusements, passed on the 28th of October, 1801, (see City Ordinances, page 6,) it shall be necessary for any person applying for leave to act, represent, perform, or exhibit any of the exercises or shows &c X , e from S $2o w to therein described, first to pay into the Treasury, the sum to be fixed by Council, nor less than $20, nor more than $100. $100. 20. And be it further ordained, by the authority aforesaid, That any person owing or possessing any mtdeon U orbefore property liable to the payment of a city tax, as afore- the21st of April. . , -, , 1 . said) as well as on his own account, or as executor, administrator, guardian, trustee, attorney, agent, or otherwise ; having the charge or management of any taxable property within the city, or of any person o»«h. deceased* absent, or under age, or otherwise, shall, on or before the 21st day of April, in the present year, deliver a true and just return of all such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City Inquirer and Assessor, at his office, and then and there to take the following oath :-— " I, A. B. do so- lemnly swear (or affirm, as the case may be,) that the return which I now give in* contains a just and true account, and correct representation of all the real and personal estate subject to taxation, which, on the first day of January, in the present year, was or were in my possession, for or on my account, either as executor, administrator, guardian, trustee, attor- ney, agent or otherwise; and that, no more of said property than is represented, is in any wise belonging to any person or persons resident in a foreign country ORDINANCES OF THE 71 — So help me God." And every person taking such oath, shall subscribe the same on each return made by him or her, and deliver them to the City Inquirer and Assessor. And no return shall be received from any one, of the property of another person, except as aforesaid, in the character of executor, administrator, guardian, trustee, attorney, or agent, unless the same be sworn to by such persons before the City Inquirer and Assessor, or a Magistrate duly qualified to admin- ister such oath. 21. And be it further ordained, by the authority aforesaid, That each and every Vendue Master, Additional oath to be taken by shall, in addition to the oath prescribed by the prece- ▼«•*»*■■*•»■ ding section, take the following oath— **' I, A. B., do solemnly swear, (or affirm, as the case may be,) that the return I now give in, contains a just and true account of all commissions received by me, (or the concern of which I am a co-partner,) on goods, wares, and merchandise, sold by me (or my house) at private sales-r-so help me God." 22. And be it further ordained, by the authority Informationtobe aforesaid, That it shall be the duty of every taxable ws^d"" V * groes since 1st of inhabitant of this city, who shaj}, gince $ie first day January lBSt - of January, in the past year, have sold any lands or negroes, liable to the city tax, ito give information thereof, at the time of making such return, and the name of the person to whom sold, to the City As* sesspr. 2$. A#4 }>e # further orcjajned, j?y t&e authority n ORDINANCES OF THE Assessortomuke aforesaid, That it shall be the duty of the City Ei inquiry as to •> •/ * ! quirer and Assessor, to inquire of every person makin< a tax return* whether he or she, or the person the^ may represent, have sold any taxable property since the last return dav, and he shall enter the same in a book to be kept for that purpose, with the name of the person to whom such sales may have been made, and shall take the proper measures to collect the taxes on all such property. Double tax for 34, And be it further ordained, by the authority want of return, » •/ %i Sve a rtt'url defec " aforesaid, That any person being the owner, or having the charge of any taxable property within the city as aforesaid, and who is required by this ordi- nance to make a return thereof, on failure or neglect to make such a return at the time and in the manner herein prescribed, or if any person shall, in any re- turn to be made as aforesaid, omit any house, build- ing, lot, or wharf, landed estate, slave or slaves, coach or other carriage, horse or horses, profits, income, or other property liable to a tax as aforesaid, or shall, by a false return, prevent a full assessment, to which such property, if duly and fairly returned, would have been liable, every such person shall, in every such case, be doubly taxed. 25. And be it further ordained, by the authority aforesaid, That all assessments made on real or per- sonal property, sales and income, rendered taxable Taxes to b* paid un der tni s ordinance, shall be paid to the City Trea- by2d June. surer) a t his office, on or before the 2d day of June, in the present year ; and if any person shall fail or CITY OF CHARLESTON. 73 neglect to pay his or her assessment, when due as IncaseoffaiIure ° * •> 7 to pay, execution aforesaid, an execution shall forthwith be issued to lssu °' against any goods and chattels to such persons belong- ing, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges ; and the overplus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other person as may have lawful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found be insufficient to defray the whole amount of the assessment and charges, the sheriff shall levy upon and sell at public auction, any of the land- ed property of such person, within the limits of the city, on a lease not exceeding five years, for the pur- pose of discharging what may be due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above directed. And if any person failing or neglecting to pay his or her assessment, should have neither landed property nor goods and chattels within the city, or if the proceeds or the sales of such as may belong to him or her, should not be adequate to the full payment of what is due by him or her as aforesaid, then the City Sheriff shall take out an exe- cution against the body of such person, and commit Ifnopropertyt the same to the gaol of Charleston District, there to the body. be detained until full payment be made, or until dis- charged according to law. 26. And be it further ordained, by the authority 10 74 ORDINANCES OF THE country resi- aforesaid, That every inhabitant of this State owning dents to make ,":.-. j e U nTan b d y P 2 ay h by or possessing any taxable property within the city, 21st July. . . . -, -■ . , . , , but residing therein at no other time than between the months of June and November, or residing alto- gether in the country, shall be at liberty to make his or her return on or before the 20th day of June, in the present year, and to pay his or her assessment on or before the 21st day of July next ensuing, subject, however, to the regulations and penalties herein before prescribed and imposed in every other respect, except as to the time of making returns, and paying such assessments ; and with the foregoing exceptions in point of time, the City Inquirer and Assessor, the City Treasurer, and City Sheriff, shall be bound to observe in regard to every such person, the same rules and proceedings, respectively, as above pre- scribed in other cases. 27. And be it further ordained, by the authority three months in aforesaid, That every inhabitant of this State, resi- the year, to con- ' %i . tent t o e f a the i c%. i * ding within the city for three months in the year, shall be considered and deemed an inhabitant thereof; and all such of his or \her personal property, held, possessed, used, or enjoyed in the city, as may come under the description of taxable property, specified in the ordinance, shall be liable to assessment, and be proceeded with agreeably to the foregoing provisions of said ordinance, if brought into and used within the city during such residence, although not within the city on the first day of January preceding. 28. And be it further ordained, by 4he authority CITY OF CHARLESTON. 75 aforesaid, That all goods, wares and merchandize, Tax of 20 cents 'on every $100, sold within the limits of the City of Charleston, by S?Kei.t any person or persons whomsoever, and whether for cash or credit, from and after the first day of April, next ensuing the date of this ordinance, shall be liable to a tax of twenty cents on every hundred dollars of the gross amount of sales of such goods, wares and merchandize, to be returned, assessed and collected in such manner, and within such time, as shall be prescribed by ordinance of the City Council. Assessor to make 29. And be it further ordained, by the authority aforesaid, That it shall further be the dutv of the dil ig ent inquiry, J and secure City Inquirer and Assessor, to make diligent inquiry accurate relurDS as to all property liable to taxation, to put the neces- sary questions, and make the required explanations and to take all proper measures for the purpose of obtaining full and accurate returns, and to make the assessment on a scale that will bear equally on all, and to collect the taxes according to the true intent and meaning of the ordinances in such case made and provided. 30. And be it further ordained by the authority aforesaid, That the Assessor shall, so soon as the re- J^"^^^ turns are completed, make out an alphabetical list of amount "/taxes, to Treasurer's all the persons making such returns, or liable to pay SS^f £<&£!& taxes in the city, with the amount of their respective assessments, under the proper heads, and shall forth- with deposit the same in the Treasurer's Office, to be published whenever Council shall so direct. 31. And be it further ordained, by the authority 76 ORDINANCES OF THE Taxes on free aforesaid, That free negroes and free persons of color persons of color. ° *■ shall be, and are hereby made liable to the following taxes, viz. : — males from the age of twenty-one to the age of sixty, carrying on any trade or art, or being a mechanic and residing within the city, or, residing without the city, exercises his trade or art therein, each a tax of ten dollars; males from the age of sixty, each a tax of eight dollars, and from the age of sixteen to the age of twenty-one, a tax of five dollars : females, from the age of eighteen to the age of fifty years, each a tax of five dollars ; from fourteen to eighteen, a tax of three dollars, except such negroes and free persons of color, as shall be clearly proved to the Inquirer and Assessor, to be incapable, from maims or otherwise, of providing his, her or their livelihood. The foregoing taxes on free negroes, or free persons of color, shall be paid during the month of June in the present year, to the City Treasurer. And if any free negro or person of color of the ages aforesaid, shall neglect to pay his or her tax as afore- Execution. said, an execution shall be issued against the property and person of such free person of color, directed to the City Sheriff, requiring him to seize and sell the property of any such free negro or free person of color, and deduct so much from the sale thereof as shall be sufficient to pay the tax due by him or her aforesaid, as also the cost and charges of such seizure and sale; but if no property can be found belonging to such free negro, or free person of colour, then it shall be the duty of the city sheriff forthwith, by virtue of the said execution, to seize and take the body of any such free negro or free person of color, and to bring the CITY OF CHARLESTON. 77 same before the Mayor or presiding Alderman for the time being, whose duty it shall be to inquire into the cause of neglect, or refusal to pay the said tax; and the said Mayor or presiding Alderman, are hereby authorized and empowered, if they, after the said inquiry, shall deem fit, to order and direct such free person or persons to be confined in the Work House, and placed on the Tread Mill, for any time not ex- ceeding one month, unless his or her tax due as afore- said, with costs and charges, be sooner paid. And every free negro, or free person of color, as aforesaid shall, on or before the 15th day of May, in the present year, make a return of his or her name and age, of to make returns " ° of themselves, of the names and ages of his or her child or children? ££ r b n y XeYsth 8 ' and of his or her place of abode and occupation, to the Penalty for x * neglect City Inquirer and Assessor, who shall enter the same in a Register ; and if any free negro or free person of color, shall neglect or refuse to make such return within the time, and in the manner before prescribed or shall give a wrong name or names, with intent to deceive the Inquirer and Assessor, he or she shall, in either case, be doubly taxed, and proceeded against in the same manner as above directed with regard to free negroes, or free persons of color whose tax is not duly paid as aforesaid. Ratified in City Council this twenty -third day of April, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. 73 ORDINANCES OF THE No. 25. AN ORDINANCE To prevent the erection of Wooden Buildings, and to ftatified 8th May, ■* - / ' - 183a provide greater security against Fires. Be it Ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the autlwrity of the same, That it shall not be lawful to build, erect or construct within the city wo^eTbuudhfgs of Charleston, any wooden or framed building of any prohibited. .... description. 2. And be it further ordained by the authority what Stan be aforesaid, That any building framed of wood, or hav- deemed a wooden buiidm g i n nr more wood on the outside of the building than Koois to be cov- O O ered with some , i . ' 3 r J J " J J* J material not com- that required lor door and window irames, doors, bustible. . shutters, sashes, porticoes, and piazzas, shall be deem- ed a wooden building and subject to the penalties of this ordinance ; and the roof of every building, and of every piazza and portico shall be covered with some material not combustible, otherwise they shall be deemed each to be a wooden building and subject to the penalties prescribed by this ordinance for the erec- tion of wooden buildings. 3. And be it further ordained by the authority aforesaid, That if any person shall build or construct, or cause to be built or constructed any wooden build- ings within the limits of the city, such person shall, upon conviction before any competent tribunal, forfeit CITY OF CHARLESTON. i§ and pay to the city a fine of Five Hundred Dollars, and Penalty for con- x * " structing any also a further sum of Twenty Dollars for every week w^SetS' during which any such building shall remain erected within the city contrary to the Provisions of this Law; and in case the said building shall not be pulled down and removed, or otherwise made conformable to the provisions of this law within three months after such conviction, the person or persons so convicted shall in addition to the said penalty of Twenty Dollars per week, be subject to a further penalty of One Hundred Dollars for his, her, or their neglect, at the expiration of every three months from the date of such convic- tion, until the said building shall be pulled down and removed, or otherwise made comformable to the pro- visions of this law. 4. And be it further ordained by the authority aforesaid, That every person who shall be employed PenaUyupon .1 i •ii- . .• n l_ "1J* every person who in the building or construction ot any building contra- shaii be em- . . . - ployed in the ry to the provisions of this ordinance, shall on con vie- ^ybuadingcon- tion thereof before any court of competent jurisdic- ordnance. 6 tion, forfeit and pay to the city the sum of Five Dol- lars for every day he may be so employed ; and if any person so employed shall have in his employ slaves or prsons of color, he shall forfeit and pay an additional sum of Two Dollars for each hand for every day during which such person may be engaged in the erection or construction of such building. 5. And be it further ordained by the authority aforesaid, That every unfinished wooden building within the city, the construction or building whereof 80 ORDINANCES OF THE ETery unfinished shall be continued after the passing of this law, shall wooden building ■!■ <-> oV'wkkSThaube be subject to its provisions ; and any person who shall, th ? passing of after the passing of this law, proceed in the further this ordinance i o ' XT to th*e penahw" construction or erection of such building, or thereafter prescribed in , sections 3 and 4. cause the same to be erected or built, shall be subject in all respects to the same penalties as are prescribed in the 3d Section of this Ordinance ; and every per- son employed in the further construction or erection of such building shall be subject in all respect to the pen- Proviso. alties prescribed in the 4th Section. Provided, how- ever, that nothing in this clause contained, shall extend to any building which shall have been commenced and the frame thereof erected prior to the 27th day of April last. 6. And be it further ordained by the authority aforesaid, That every building hereafter erected with- in this City, shall have, between the separate tene- ana or outer • « rrr**i*l ** n waju. ments thereof, sufficient brick or stone partition walls, and shall also be finished with sufficient outer walls of brick or stone ; and no wall of any building shall be deemed sufficient unless the same shall be at least 12 inches thick in the lower story, and eight inches thick above the lower story ; and every person offend- ing against the provisions of this Section, shall, upon conviction thereof, forfeit and pay to the City, a fine Penalty for vioia- of One Hundred Dollars, and also the further sum of tion of ordinance. . . " _ Ten Dollars for each and every Month during which the provisions of this Ordinance shall remain not com- plied with. 7. And be it further ordained by the authority Description of the walls between the tenements, and of outer CITY OF CHARLESTON. 81 aforesaid, That whenever hereafter any building al- SSy^Sd ready erected, shall be roofed or covered, it shall be erld^oblToofJd or covered as roofed and covered as new buildings are hereby di- PenaS ings ' rected to be done; and the owner of such building and all persons concerned in roofing and covering the same contrary to the provisions of this clause, shall be subject to the same penalties as though the said build- ing had been newly erected or constructed. 8. And be it further ordained by the authority aforesaid, That none of the provisions of this Law The provisions of this ordinance shall, during the next twenty years, extend to any JE^S^S »* marsh lot within the limits of the city, upon which the marsh i°t°upon " L which the tide tide flows. Provided, however, that at the expiration Further proviso of the said twenty years, all wooden buildings stand- removal. ing upon any of the said lots, shall be pulled down or removed, by the owners thereof; and the owner or - owners, so neglecting to pull down or remove the same, shall be subject to the same penalties in all re- spects, as are provided in the third section of this law. 9. And be it further ordained, by the authority Council may give aforesaid, That the City Council may, by resolution, ISSSSTum « -, • 19 1'llJ workshops, tem- extend permission to mechanics to build, and use as porary sheds for ■*• the rebuilding of workshops, such temporary sheds as may be necessary thobnrnt district. for the purpose of rebuilding the Burnt District, for such time and under such regulations, as the said Council shall deem meet. 10. And be it further ordained by the authority city Marghalgj aforesaid, That it shall be the duty of the City Mar- shals,- and they are hereby strictly enjoined, to give 11 82 ORDINANCES OF THE immediate information of all offences against this Or- dinance, and one half of the penalties recovered in each case shall be paid to the Marshal, or to any per- son who shall inform against and prosecute any offen- der. Ratified in City Council, this Eighth day of May, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 26. AN ORDINANCE To make such provisions as are required of the City isth June, 1838. Council to carry into effect the Act for re-building the City of Charleston. Whereas, the Legislature of South Carolina, have Preamble. lately passed an act for re-building the City of Charleston, whereby a loan of Two Millions of Dol- lars is authorized to be made to the citizens of Charles- ton, for the purpose of re-building that portion of the City lately destroyed by fire; and whereas, among other things, it is provided, by the said act, that the City of Charleston shall guaranty the State from any CITY OF CHARLESTON. 8 g losses to arise by reason of said loan to the citizens of Charleston, and as it is but reasonable and proper that in a matter wherein such great and lasting advantages are to be derived by the city from the voluntary aid of the State, the said city should indemnify the State from damage, or loss. 1. Be it therefore, Ordained by the Mayor and Al- The faith, funds dermen of the city of Charleston in Council assem- «** of the city w pledged to guan bled, That the faith and funds, and other property of ag^Luoss?* 8 the City of Charleston be, and they are hereby pledg- ed to guaranty the State of South Carolina against any loss which may be incurred by the said State from or by reason of any Loan which may be made to the citizens of Charleston, under the provisions of the said act; and the said city of Charleston, hereby binds it- self to make good to the said State of South Carolina, any and every such loss. 2. And be it further ordained by the authority The commission, aforesaid, That the Commissioners to be appointed ?. d b y *e cm J- J- Council under by the City Council under the provisions of the said ho w °ifcted°tnd . term of office. act, shall be elected by ballot by the said City Coun- cil, and shall remain in office for a period of two years from the day of election. And in case of the death, resignation, or removal of either of them, the said City Council, shall by ballot proceed to fill the vacancy for the unexpired period of the term of the former in- cumbent. 3. And be it further ordained, by the authority aforesaid, That it shall be the duty oi the Commis- 84 ORDINANCES OF THE Duty of the com- sioners so appointed in behalf of the city, to make due missioners. L x ^ returns .to the City Council of all valuations and re- turns which may be made by the Board of Commis- sioners, under the provisions of the said act, and to fur- nish to the said City Council a copy of every valua- tion and return which may be made by the said Board to the President and Directors of the Bank of the State of South Carolina, with any additional state- ment or report, which the said Commissioners may deem important to the public interests; and the said returns shall be filed in the office of the City Trea- surer for the information of Council. 4. And be it further ordained, by the authority K S2S>?to" aforesaid, That it shall be the duty of the Mayor of the biaidfngs Erected city forthwith, to give notice to all persons who have upon any part of pe e nSty n forS?" erected wooden buildings, or sheds, upon any part of uke°down U such the district burnt by the late fire, or who are in pos- wooden buildings ; . . • . session of the same, that the said wooden buildings must be taken down on or before the fifth day of June next, or in default thereof, that the said buildings will be taken down and removed under the provisions of the said act for re-building the city of Charleston ; and in case any person shall neglect, or refuse to take down and remove such wooden building before said fifth day of June, the Mayor shall forthwith cause all proper measures to be taken for abating the same as a nuisance, and for bringing tQ proper punishment such persons as are amenable to the law for their ne- glect or refusal to abate the said nuisance. Provided, however, that nothing herein contained shall be con- strued to exempt from prosecution, pr from %ny pun- CITY OF CHARLESTON. 85 ishment, or penalty, any person who may have vio- lated the Ordinance already passed in relation to the erection or construction of Wooden Buildings. Ratified in City Council this eighteenth day of June, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 27. AN ORDINANCE To alter an Ordinance ratified on the twenty- ^^"{asa. third day of April, Eighteen Hundred and >-*~v^- / Thirty-Eight, entitled an Ordinance to raise Sup- plies for the City of Charleston for the year Eigh- teen Hundred and Thirty-Eight. 1. Be it ordained by the Mayor and Aldermen of^^mlom' Charleston, in City Council assembled, and it is hereby ported by the "J . . Legislature of ordained by the authority of the same, That every j^niTfosi!£i£ person or persons who shall hereafter act as agent for ■*■«»» »«>«»«- V V O quired to make •. J"* ' • l 1 ■■ .• /• * J* • J 1 a.' returns of the any individual, or association of individuals, notmcor- amount of premi- ums received, on porated hy toe Legislature of this State, for the pur- XllSSSSm pose of effecting insurance in this city, against loss of J r e^umi ch , Penalty for ncg- any kind, shall on the 30th day of June inst., and on ,ect - the 31st day of December next, render to the City 86 Ordinances con- trary hereto repealed. ORDINANCES OF THE Treasurer, under oath, a just and true account of all premiums received by him, or any other person for him, or agreed to be paid, for any such insurance effected by him during the present year, and shall pay to the City Treasurer sixty cents on every hundred dollars on all such premiums ; and every such agent, who shall neglect to make such return, or to pay as above required, sixty cents on every hundred dollars upon the premiums paid, or agreed to be paid on the days aforesaid, shall forfeit and pay the sum of One Thousand Dollars, to be sued for and recovered in any Court having cognizance thereof. 2. And be it further ordained, by the authority aforesaid, That all Ordinances, or parts of Ordinan- ces, contrary thereto, be, and the same are hereby re- pealed. Ratified in City Council this twenty-fifth day of June, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 28. AN ORDINANCE, Ratified To continue in force an Ordinance to lay out the 2d July, 1838. J J Wards of the City. 1. Whereas, the Ordinance to lay out the Wards CITY OF CHARLESTON. 87 of the City, ratified on the twenty-eighth of July, Preamble. Eighteen Hundred and Thirty-One, established the divisions of the Wards of the City, and made an ap- portionment of the Aldermen for each Ward, for seven years then ensuing, upon expectation that at the expiration of that period a new apportionment would be made in conformity with the provisions of the Act of the General Assembly of this State, in such case made and provided ; and, whereas, the late conflagra- tion has destroyed so great a portion of two wards, as to induce the said General Assembly to extend the period for making such apportionment — Be it therefore Ordained bv the Mayor and Alder- The wards of the *' city, and the men of Charleston in City Council assembled, That ^^f^ the Wards of the said City shall continue as hereto- heretofore 6 ; Ae ordinance to lay fore defined, and the number of Aldermen shall con- ^^^j*,^ i i tir i it • 1 /^v 1 • 1831, to continue tinue the same to each Ward, and the said Ordinance m force untua new apportion- to lay out the Wards of the City shall continue in gj" _ ... . 1 '•' T* '•''•' ll '' 11 under the actof force until anew apportionment and division snail the legislature, of A L 1st of June last. have been duly made and ratified by the City Coun- cil, under the provisions of the Act of the General Assembly, ratified on the first day of June last, entitled "An act to amend the Act directing the representa- tion in the City of Charleston, to be apportioned every seven years." Ratified in City Council this second day of July, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-second year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. 88 ORDINANCES OF THE No. 29. AN ORDINANCE knifed Tio authorise the issue of Six per Cent Stock on the 23rd July, 1838. J l v-^v"w faith of the Corporation of the City of Charleston. 1. Be it ordained, by tlie Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby city six per cent ordained by the authority of the same, That Six per stock authorized _ . to be issued to an Cent Stock, obligatory on the Corporation of the amount not ex- ' -.- O . . J C redeemable in ' City of Charleston, to an amount not exceeding one 25 years. J ° hundred and twenty-five thousand dollars, redeema- ble in twenty-five years, be issued under the Order and Resolution of Council from time to time, to such jjgrs^fe as may be willing to receive the same at par, or otherwke.as Council may direct, bearing interest at the rajp'of six per cent per annum, payable quar- terly. 2. 4ji^ He it further ordained, by the authority aforesaid, That immediately after the issue or sale of any portion or all of the said stock, certificates for the same, duly authenticated by the City Seal, and signa- ture of the Mayor, shall be made for the respective purchaser, in the manner and form as follows : Upon the issu sale of stock, < tificates to be made out. f FORM OF CERTIFICATE. Form of Certi- ficate. Six per Cent Stock, Treasury Office of Charleston, > day of Anno Domini, 183 . ) Be it known, that there is due from the City Coun- cil of Charleston, unto or Assigns, the sum CITY OF CHARLESTON. 89 of Dollars, bearing interest at the rate of Six per Cent per annum, from the day of Anno Do- mini, 183 payable quarterly, being stock created in pursuance of an Ordinance of the City Council of Charleston, passed 23d day of July, in the year eighteen hundred and thirty-eight entitled "an Ordi- nance authorising the issue of Six per Cent Stock, obligatory on the Corporation of the City of Charles- ton, redeemable in twenty years, "from the date of this Certificate; which debt is recorded in and transferable only at the office of the City Treasurer, by appearance in person, or by attorney, according to the rule and forms instituted for that purpose. And that the said certificates, after they are made out, shall be examined by the Committee on Contracts, and by certificates to b. " " examined, &c. the said Committee be delivered to the City Treasur- er; and said committee shall report their proceed- ings, which report shall be signed by the City Trea- surer, and recorded on the Council Journals: where- upon the City Treasurer shall become accountable for the whole stock issued under the authority of this Ordinance. The said certificates shall be ready for when to be . delivered. delivery to the respective persons, entitled to receive the same, as soon as made out. 3. And be it further ordained by the authority aforesaid, That the City Treasurer shall appoint one Treasurer's duty ^ x * as to transfers. day in each week, in which transfers of certificates of said stock shall be made, without any charge being made therefor, provided, however, that should any hclder of said stock be desirious of effecting a trans- fer thereof on any day other than the day fixed afore- 11 I 90 ORDINANCES OF THE said, in all such cases a transfer may be made on paying the City Treasurer one dollar for each certi- ficate so issued. made Transfers, how 4. And be it further ordained by the authority aforesaid, That all persons wishing to make any transfer of said stock, shall endorse on the back of the certificate the amount which is to be transferred, and the person to whom the transfer is to be made, to which the name of the person transferring to be affixed. Dutyofthe 5. And be it further ordained by the authority new certificates, aforesaid, That the City Treasurer, before he issues any new certificates, shall endorse on the back of the certificates the number and amount of certificates to be issued from the old certificate and in whose favor . and when such statement shall be signed by the City Treasurer, and countersigned by the Mayor, such certificates shall be deemed cancelled, and it then shall be filed for reference and examination in the office of the City Treasurer. That the City Treasu- rer shall make out new certificates agreeable to the statement endorsed on the old certificate, taking re- ceipts and making entries in the transfer book in con- formity to said ieceipts and statements. That said new certificates shall be signed by the City Treasu- rer, and countersigned by the Mayor. stock books, 6. And be it further ordained by the authority when to be shut, " * ferlofstockTan aforesaid, That the books of the said Stock shall be not be made. ■§ pn 1 i P i l i • •-T '••""' i "*• • Bookstobekept shut nrteen days before the quarterly dividend or m- by Treasurer. ^ < J. ./ terest on the said stock becomes due. That during CITY OF CHARLESTON. 91 the fifteen days no transfer of stock shall be made. That the City Treasurer be required to keep sepa- rate and distinct books and accounts for the receipts and payments of said stock, and that a sum not ex- ceeding one hundred and fifty dollars, be appropriated for defraying the expenses of the necessary certifi- cates and. books. 7. And be it further ordained by the authority aforesaid, That a fund called a sinking fund shall be sinking fund hereby created, towards which Council shall each monies shaii be •* applied to it year after passing this ordinance cause to be paid by drafts on the Treasurer, a sum not less than four thousand dollars ; that the money thus placed in said fund shall be constantly kept at interest until the time of the redemption of the stock issued under the autho- rity of this ordinance arrives, and then the said sink- ing fund shall be applied to the payment and dis- charge of the said stock as far as it will extend. 8. And be it further ordained by the authority aforesaid, That the Mayor, Treasurer, and one Mayor.Treasurer Alderman, to be annually elected by Council, shall be man, to be " ■» ■ Commissioners constituted commissioners for the management of said mlntlnhellTd fund; and it shall be their duty to vest the same previous to the first day of August in every year. Ratified in City Council this twenty-third day of July, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. 92 ORDINANCES OF THE Ratified 23d July, 1838, No. 30. AN ORDINANCE To change the construction of Cellar Doors, within the Corporate limits oj the City of Charleston. Be it Ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That every Cellar dooss or cellar door, or cellar covering, shall be made or con- coverings, how to 1 • i -i -n r be constructed structed m the pavements or side walks of any street, hereafter. ± J 7 lane or alley ; shall be placed upon the same level exactly as the surface of such pavement or side walk ; and shall be made of some good and substantial ma- terials, fitted to rest upon cills of stone fixed in pave- ment or side walk, where there are pavements; and where there are no pavements, then the cills may Rings, handles, be of wood And all rings, locks, fasts, and handles, &c. of cellar ° Jh^SiMMtto of any cellar door shall be so placed, as not to project project above the n r 1 n J J surface. above the surface of such cellar door constructed as aforesaid. And if any cellar door or covering shall be made or constructed in any manner contrary to the provisions of this Ordinance, the person so making or constructing the same shall forfeit and pay to the city, the sum of one hundred dollars ; and the owner or tenant of the building to which the cellar belongs, and for. which such door or covering shall have been ition of this constructed or made, shall all also forfeit and pay to the city, the sum of five dollars, for every week dur- CITY OF CHARLESTON. 93 ing which such cellar door or covering shall remain contrary to the provisions of this Ordinance. Ratified in City Council this twenty-third day of July, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 31. AN ORDINANCE To abolish the Executive Committee of the Commis- Ratified r c, , -r 7 r 7 30th July, 1838, sioners of Streets and Lamps, ana for other pur- v^-v-w poses. L. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled and it is hereby ordained by the authority of the same, That the Exe- Executive com- " . . -■ , mittee of the cutive Committee of the Commissioners of Streets st^ee"?^ &Lampf and Lamps, under the Ordinance entitled "An Ordi- theirpowerT transferred to the nance establishing a Board for levelling and filling up JS^Slf the Streets and keeping them in repair," be, and the same is hereby abolished, and all the power, authority and duties vested by the said Ordinance in the said Executive Committee, shall hereafter be exercised by the Mayor and Aldermen. 2. And be it further ordained, by the authority 94 ORDINANCES OF THE ordinances con- aforesaid, That all Ordinances and parts of Ordi- trary hereto eipeaied. nances repugnant hereto, be and the same are hereby repealed. Ratified in City Council, this thirtieth day of July, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 32. AN ORDINANCE 'Ratified 30th juiy, 1838. For the regulation of Negroes and Free Persons of Color on the East and South Bay Batteries, and for other purposes. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is he? eby No slave to be ordained by the authority of the same, That no slave the^e'ndosure d? shall be admitted within the inclosure of the Garden the Garden at auowc e d P t°owaik at White Point or allowed to walk on the East or south B^y ° South Bay Batteries, between the hours of five o'clock Batteries, except "ionssjecifiedf 1 " m tne afternoon and ten o'clock at night, unless ac- companied by a white owner or employer, or in at- tendance on the child or children of such white own- er or employer, for the proof of which attendance, every slave found within the said enclosure or on the OITY OF CHARLESTON. 95 said Batteries, shall be required to procure a ticket designating the time for which it shall run, from such owner or employer certifying the fact of such attend- ance. 2. And be it further ordained by the authority aforesaid, That everv slave found within the Garden Penalty for viola- tion of the Ordi- at White Point, or on any of the walks on either Q f nancebyaslave - the said Batteries, between the said hours, contrary to this Ordinance, shall be committed to the Guard House, to be there dealt with as is now directed bV law in relation to slaves being in the streets without a ticket after the beating of the tattoo. CD 3. And be it further ordained, by the authority aforesaid, That no free person of color shall be ad- Nofrecpersonof l ' • I • i i p "l ' s-t ' '-' ~t Tim ' color tobe admit- mitted within the enclosure ol the Garden at White ted within the eu - clo-urr. and bat- Point, or on either of the said Batteries, within the attendionthe , r .,,. , , , ., , children of a hours aforesaid, unless in attendance on the children white employer, and then to have of a white employer, in proof of which he or she purp^fe. for that shall be required to produce a ticket designating the time for which it shall run, from such employer, certi- fying the fact of such attendance. 4. And be it further ordained, by the authority aforesaid, That any free person of color found with- Penaltvonfree in the said enclosure or on either of the said Batteries, for violation of ordinance. within the hours aforesaid, without a ticket as herein required, shall be committed to the Guard House, and there dealt with, in the same manner as free persons of color are now directed by law, to be treated for being in the streets without a ticket after the beating of the tattoo. 90 ORDINANCES OF THE 5. And be it further ordained, by the authority aforesaid, That every slave or free person of color, Slave, or free *•' |uiiv"o/dhior- found within said enclosure, or on the said Batteries how punished! with a ticket as aforesaid, who shall be guilty of any disorderly or indecent conduct, shall be apprehended and committed to the Guard House, and there brought before the Mayor or presiding Aldermen, to be punished, as is by law, now directed against negroes and free persons of color, guilty of the like miscon- duct in any other part of the city. 6. And be it further ordained by the authority aforesaid, That all smoking of any pipe, or segar Smoking any m „'"-•. pipe or segar, on within the enclosure of the said Garden, or on the the same, promo- ' penalty on white Batteries aforesaid, be and the same is hereby prohib- person, and on per V son o/coior ited : and any white person who shall violate this clause of this Ordinance, shall for each and every such offence, forfeit and pay the sum of five dollars : to be recovered in the City Court, the amount to be given to the informer. And every slave or free per- son of color, who shall smoke any pipe or segar ■within the said enclosure, or on the said Batteries, contrary to this Ordinance, shall be committed to the Guard House, and ordered to receive such corporial punishment as the Mayor may think proper to direct. 7. And be it further ordained, by the authority Mayor to detail a aforesaid, That it shall be the duty of the Mayor to sufficient number * * foVthe C execu U tion detail for duty at the said Batteries, and within the of this ordinance. •i/-ii rr> • i n ^ /-*• /~\ t said Garden, a sufficient number of the Gity Guard- men, for the efficient execution of this Ordinance. 8. And be it further ordained by the authority CITY OF CHARLESTON. !>7 aforesaid, That all indecent and disorderly conduct, indecent and dis. • J orderly conduct, cursing and swearing, clamarous noises, drunkenness, p U SdTnVh°e be ... r> ■> • r • • i • t • same manner as if quarrelling, ngnting or proianity, committed within committed in any T. ©' O O r J ' other part of the the said enclosure, or on either of the Batteries afore- CIty ' said, shall be punished in the same manner as the same oflences are now directed by law to be punish-- ed when committed in any other portions of the city, 9. And be it further ordained, by the authority aforesaid, That no negro or free person of color, shall o,f| uf h a . n ^ a horse be allowed to bathe or wash any Horse or Horses on ^vicmuyoTtho South and East any part of South Bay, under a penalty of ten dollars, p^^ued!" 58 for every such offence, or such corporeal punishment as the Mayor may think proper to direct, and no per- son whatever, shall be permitted to bathe within the vicinity of the South or East Bay Batteries. 10. Aud be it further ordained, by the authority aforesaid, That no person or persons shall ride, lead No person to ride, - lead or drive nny or drive any Horse or Horses, Mule or Mules, within Sn°the "nl 1 -, c i /~i i l inn closureofthegar? the enclosure ot the Garden, under a penalty ot nve den. Penalty 1 •* therefor. dollars, for every such offence, if committed by a white person, to be recovered in the City Court, the amount of the fine to be given to the informer ; or such corporeal punishment, if committed by a negro or person of color, as the Mayor may think proper to direct. 12. And be it further ordained by the authority Not lawful to ge> aforesaid, That it shall not be lawful for any person fa U su, W any vend, &c, to any part or persons to secure or moor with their fasts, any JESSjSS*. vessel, boat or raft to any part of the wharf or the or'toiandLy int * 13 98 ORDINANCES OF THE timber or other railings thereof, at White Point, constructed by the material, oti any a " Knaky^VrSfon City Council, leading from that part of East Bay called the Battery, to South Bay street, or to land from any boat, vessel, or raft any boards, lumber, or other material, on any part of the said wharf, and if any person or persons shall violate or transgress any of the provisions contained in this clause, such person or persons, if a white person, shall forfeit and pay fifty dollars, to be recovered in the City Court, one half of which penalty shall go to the informer, and if a slave or free person of color, shall be committed to the Guard House, and there ordered to receive such eorporeal punishment, or be subjected to such fine as the Mayor may direct. Ratified in City Council this thirtieth day of July,, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council, No. 33. AN ORDINANCE To prohibit the Clerk of the Board of Fire Masters r 30th August, i£38 and the Principal and Assistant Engineers from leaving the city without permission of the Chair- man of the said Board. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby CITY OF CHARLESTON. 99 ordained by the authority aforesaid, That the Clerk cierk of the u u J Board of Fire of the Board of Fire Masters, the Principal and As- SSSSj^"' sistant Engineers, shall not hereafter be permitted to *ot heeler iw- 1 mitted to leave leave the city without the consent, in writing, previ- It. '££S£ a ously obtained from the Chairman of the Board of Chairman of ^ J Board of Fire Fire Masters, and such consent shall not be given by Masters ' the said Chairman, unless the Clerk, Principal Engi- neer, or Assistant Engineers, asking such leave of ab- sence, shall have appointed some competent person, How such con _ to be approved of by the Chairman of the said Board, tained, 35 to discharge the duties of his office, during his ab- sence from the city, on pain of forfeiting his or their office ; and in case of said Clerk, Principal Engineer, or either of the Assistant Engineers, shall leave the city without the written consent of the Chairman of the Board of Fire Masters be obtained, as herein pro- vided, the said Board shall forthwith vacate his office, p en ait y forviota- and proceed to the ele ction of a Clerk, Principal En- nance. gineer, or Assistant Engineer, as the case may be, to supply the vacancy hereby declared. Ratified in City Council, this thirtieth day of August, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third ^ear of American Independence. . HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. tion of theordi- 100 ORDINANCES OF THE No. 34, An ordinance Ratified 22a oc- j*o change the time for the election of the Superintend- tober, 1838. o J -*• va^-v^ ants oj Streets, Be it Ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby superimendant ordained by the authority of the same, That the of Streets to be . _ _ . ci e t cte cou b n y cii ™ Superintendants of Streets, established by the Ordi- Novembe r nd nex°tf nance, entitled "An Ordinance to provide for keeping and thereafter on the 3d Monday of tne streets and lots in the city of Charleston, and to October in every J ' meeting of conn- prescribe the duties of the Superintendants of Streets,' shall be elected by the City Council on the second Monday in November, in the present year, and on the third Monday in October in every year succeeding, or the first meeting of Council thereafter. puenam hereto And be it further ordained by the authority repealed. ^ •* aforesaid, That all ordinances, and parts of ordinan- ces, repugnant hereto, be, and the same are hereby repealed. Ratified in City Council this twenty-second day of October, in the year of our Lord one thousand eight hun* dred and thirty-eis;ht, ahd in the sixty-ihird year of American Independence. HENRY L. PINCKNEY, Mayor, fey the Mayor* John R. Rogers, Clerk of Council. CITY OF CHARLESTON. 101 No. 33. AN ORDINANCE To prevent the Tying of Horses or Mules to Lamp- Ratified 29th o& _ * tober, 18^8. posts within the City. \^s^^ 1. Be it ordained by the Mayor and Aldermen of Charleston in City Council assembled, That from and pcnaityfortyinyj after the first day of November next, it shall not be mule . to a lan, p " post within the lawful for any person or persons to tye, fasten, or se- Cuy ' cure, any horse or mule, to any lamp-post within the limits of the City, under penalty of two dollars for each violation of this Ordinance; and any person or persons violating this Ordinance, shall, in addition to the above penalty, pay to the City all damages not Y exceeding five dollars, which may be occasioned to any lamp-post or lamp, from any horse or mule which may be tied, fastened, or secured, to such lamp-post * which penalty and damages shall be recoverable in any court having jurisdiction thereof. 2. And be it further ordained by the authority aforesaid^ That any slave, or free person of colour, Punishment of who may transgress against this Ordinance, shall be {££;„ °of color committed to the Guard House, and ordered by the fence - Mayor to receive such corporeal punishment as the X Mayor may direct, unless the owner of such slave, or guardian of such free person of colour, shall pay the fine herein before prescribed, and the damages which may in any such case have been done to any lamp- post or lamp. repealed. 102 ORDINANCES OF THE Duty of the city 3. And be it further ordained, by the authority Marshals in rela- J "* forme?/ to m ' aforesaid, That it shall be the duty of the City Mar- shals to enforce this Ordinance, and all fines accruing by the violation of this Ordinance shall go to the per- ordinenccs re- son informing of the same ; and all Ordinances repug- puguant hereto ~ IT O nant hereto, be and they are hereby repealed. Ratified in City Council this twenty-ninth day of October, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 36. AN ORDINANCE Ratified Novem- For ^ issue of Six per Cent Stock on the faith of the s-#r>v ^ v ^ Corporation of the City of Charleston. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby Six per Cent . . . fmount to of he ordained by the authority of the same, 1 hat Six per ^°be 0t issued rC re- Cent Stock, obligatory on the Corporation of the City deemable in ten years. f Charleston, to an amount not exceeding Two Hundred Thousand Dollars ($200,000) redeemable in ten v ears, be issued under the Order and Resolution of Council from time to time, to such persons may be willing to receive the same at par, or otherwise as Council may direct, hearing interest at the rate of six per cent per annum, payable quarterly. CITY OF CHARLESTON. 103 2. And he it further ordained, by the authority aforesaid, That immediately after the issue or sale of any portion or all of the said stock, certificates for the same, duly authenticated by the City Seal and signature of the Mayor, shall be made for the respec- tive purchaser, in the manner and form as follows: FORM OF CERTIFICATE. Form of Certi« cate. Six per Cent Stock, Treasury Office of Charleston, } day of Anno Domini 183. I Be it known, that there is due from the City Coun- cil of Charleston, unto or Assigns, the sum of Dollars, bearing interest at the rate of Six per Cent, per annum, from the day of Anno Domini 183 , payable quarterly, being stock created in pursuance of an Ordinance of the City Council of Charleston, passed day of , in the year eighteen hundred and thirty eight, entitled "An Ordinance authorising the issue of Six per Cent Stock, obligatory on the Corporation of the City of Charleston, redeemable in ten years," from the date of this Certificate ; which debt is recorded in and trans- ferable only at the office of the City Treasurer, by appearance in person, or by attorney, according to the rule and forms instituted for that purpose,. And that the said certificates, after they are made out, shall be examined bv the Committee on Contracts, certificates to " be examined by and by the said Committee be delivered to the City §3? £JS? to n the Treasurer ; and said Committee shall report their proceedings, which report shall be signed by the City Treasurer, and recorded in the Council Journals: 104 ORDINANCES OF THE whereupon the City Treasurer shall become account- able for the whole stock issued under the authority of this Ordinance. The said certificates shall be ready for delivery to the respective persons, entitled to receive the same, as soon as made out. 3. And be it further ordained by the authority city Treasurer aforesaid, That the City Treasurer shall appoint one to fix one day in "f J 1 tra C nsftrso/stock day in each week, in which transfers of certificates of said stock shall be made, without any charge being made therefor, provided, however, that should any holder of said stock be desirious of effecting a trans- fer thereof on any day other than the day fixed aforesaid, in all such cases a transfer may be made on paying the City Treasurer one dollar for each certi- ficate so issued. Transfers how made. 4. And be it further ordained, by the authority aforesaie, That all persons wishing to make any transfer of said stock, shall endorse on the back of the certificate the amount which is to be transferred, and the person to whom the transfer is to be made, to which the name of the person transferring to be affixed, 5. And be it further ordained by the authority city Treasurer to aforesaid, That the City Treasurer, before he issues endorse certifi- make a o"u d tne°w to an y new certificates, shall endorse on the back of the certificates. «.\C ^1 i i P • r» certmcates the number and amount ot certmcates to be issued from the old certificate and in whose favor ; and when such statement shall be signed by the City Treasurer and countersigned by the Mayor, such # CITY OF CHARLESTON. 105 certificates shall be deemed cancelled, and it then shall be hied 'for reference and examination in the office of the City Treasurer. That the City Treasu- rer shall make out new certificates agreeable to the statement endorsed on the old certificate, taking receipts and making entries in the transfer book in conformity to said receipts and statements. That said new certificates shall be signed bv the Citv Trea* surer and countersigned by the Mayor. 6. And be it further ordained, by the authority aforesaid, That the books of said Stock shall be <= tock b(l „i< 6 10 i.e closed fifteen davs before the quarterly dividend of Treasure, to keep • i. J separalf orili- interest on the said stock becomes due. That during naucc books&t - the fifteen days no transfer of stock shall be made. That the City Treasurer be required to keep sepe- rate and distinct books and accounts for the receipts and payments of said stock, and that a sum not ex- ceeding one hundred and fifty dollars, be appro- priated for defraying the expenses of the necessary certificates and books. 7. And be it further ordained by the authority aforesaid, That a fund called a sinking fund shall be sinkinpftwdto bn e.-i b'ished fu hereby created, towards which Council shall each ^V.^t*ck.'° u year after passing this ordinance, cause to be paid by drafts on the Treasurer, a sum not less than ten thousand dollars: that the money thus placed in said fund shall be constantly kept at interest until the time of the redemption of the stock issued under the authority of this ordinance arrives, and then the said 14 106 ORDINANCES OF THE sinking fund shall be applied to the payment and dis- c&rge of the said stock as far as it will extend. 8. And be it further ordained, by the authority forX^a^ge- aforesaid, That the Mayor, Treasurer, and one Al- - "who shan be. derman, to be annually elected by Council, shall be constituted commissioners for the management of said fund ; and it shall be their duty to investigate the same previous to the first day of August in every year. Ratified in City Council this fifth day of November, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-third year of American Independence. . HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No, 37. AN ORDINANCE Ratify To require notice of intention to erect Wooden Build- 3d Dec 1838. trigs on Marsh Lots. Be it ordained by the Mayor and Aldermen of in e g S toava n iithem- Charleston in City Council assembled, and it is hereby selves of the pri- •/ ^Z^SS. ordained by the authority of the same. That all per- of the Ordinance i n -.. „ . r to prevent the sons nereaiter intending to avail themselves of the erection of wood- qS^aio^eao: Privilege conferred by the eigth clause or section of ties of their in- 1 /~\ l * • i l /-x i tention. Peuaiv. tne Urumunce, entitled "An Ordinance to prevent the & CITY OF CHARLESTON. 107 erection of wooden buildings, and to provide greater security from fire," be, and are hereby required, be- fore they shall avail themselves of the said privilege, to give notice to the City Council, in writing, of their intention so to do, and of the place where the said privilege is to be exercised, under pain of forfeiting and paying to the City Council the sum of five hundred dollars for each and every case of failure to give the notice aforesaid. And be it further ordained, by the authority aforesaid, That all persons who have already exer- Persons having already exercised cised the said privilege, shall, within two months from gWe^tic^wuL 1 r 1 • s~\ T • • r*\ .-.in two months, the passage ol this Ordinance, give notice to Uouncil f r °™ the passage . of this ordinance of the times when and places where they have exer- -p 61131 ^- cised the said privilege, under pain of forfeiting and paying to the City Council, the sum of five hundred dollars for each case in which they shall fail to give notice aforesaid — one half the penalty in each case to go the informer, if conviction be procured without testimony. Ratified in City Council this third day of December, in the year of our Lord one thousand eight hun- dred and thirty-eight, and in the sixty-third year of American Independence. HENRY L. PLNCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. 108 ORDINANCES OF THE No. 38. AN ORDINANCE Raiifwi o3.ij a n- To impose a tax on certain vehicles commonly called inrv. 1S39. -* u.iry, 1639 Break Wagons & i 1. Be it or d lined, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is he»eby ordained by the authority of the same, That every two wheel chase, chair or sulky, and every wagon an.j g c°a n rriaK R a s ,ses ' or other carriage of. four wheels, used at any time use.1 a= l>re k m " .,.,. ,* ,. K?f» as > d,! Pl HrR * durinji each year, within the city, bv keepers ot liable to a tax ot C J ' «/ ' «/ I fiftv dollar- for -j- • ci. i i . I C ' ' every t.owi.eei- Livery btabfes, or other persons, tor exercising or e I ve'iicle anil of $ioo for every exh il >1 t.i 1 1 ii Horses for sale iii the city, shall be liable four wheeled ve- • • CT «- ' berifji. 10 "" to a tax of fifty dollars for every two wheel vehicle, and of one hundred dollars for every four wheel vehicle, provided th;it the tax hereby imposed, shall not be construed in any manner whatever to permit the breaking of Horses within the limits of the city, contrary to the Ordinance of the city, prohibiting such practices. And the said vehicle shall be num- bered, and in default thereof, the proprietor shall be fined not less than five dollars for every vehicle not numbered. The fine to be lecovered in the City Court. 2. And be it further ordained by the authority Sutr edof,the *aine, That it shall be the duty of the City Assessor and Inquirer, to assess the said tax on the owners or persons in possession of such chaise, sul- ky, wagon, or other carriage, so used as aforesaid, and baud over such assessment to the City Treasurer, CITY OF CHARLESTON. 109 who shall forthwith give notice to the said owners or persons in possession, that he is ready to receive the said tax ; and against all parties who do not pay such tax w'thin ten davs thereafter, execution shall be im- mediately issued to the collectors mi rhe same manner as is now provided for the recovery of tax executions. Ratified in City Council, this twenty-third day of January, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 33. AN ORDINANCE To re-organize the Fire Department and for other Hnti6edluit February, 1839. purposes. v-^-v-v^ I. Be if rdained by the Mayor and Alder wen of Charleston, in City Cdvncil assemble'/ and it is hereby ordained by the authority of the same, That the BoanlofFir0 Board of Fire Masters shall hereafter consist of to"e *3at or* twelve meml ers twelve .Members, to be composed of three fit and f-JJJJi^K, II 1 • p i 1 r elected, 4 c. >e selected it practicable, irom each ward of the city, and of a Chief Engineer, who shall also be a member of the Board ; which said Fire Master and Chief Engineer shall be chosen as HO ORDINANCES OF THE Fire Masters and Chief Engineer shall be chosen as Fire Masters are now directed to be chosen by law, and shall have and execute all the powers and autho- rity, now vested by law, or any of the City Ordinan- ces, in the Board of Fire Masters, or its members, and shall continue in office until the next regular period of election, and until a new appointment. 2. And be it further ordained, by the authority Duty of chief aforesaid, That the said Chief Engineer shall perform Engineer. . ■ the duties, be subject to the liabilities, and exercise the authority, prescribed, imposed, or conferred, by this Ordinance, and by all former Ordinances relating to a Principal Engineer, and carry into effect all such orders and regulations, as he may from time to time receive from the Board of Fire Masters, relating to the organization and arrangement of the Fire Depart- ment, and management of the same at the times of fire ; and as a compensation for his services he shall salary $2,500. receive an annual salary of $2,500, payable quarterly out of the City Treasury. Further duty 3. And be it further ordained by the authority aforesaid, That it shall be the duty of the said Chief En- and powers of the • n • • • n 1 chief Engineer, gineer, irom time to time, to examine all the engines, engine houses, buckets and other implements or articles used at fires, belonging to the city, and to the several fire companies ; and also to the city hose, and all the tools, apparatus and implements connected therewith ; and cause the same to be kept in complete order, and so as always to be ready for immediate use ; to attend quarterly examinations of the city engines, and CITY OF CHARLESTON. i 1 i fire companies ; and to prepare, or caused to be pre- pared, caissons, powder, matches, and all other arti- cles, necessary in his department, for the blowing up of houses, and personally to examine the same at least once a week. He shall attend all meetings of the Fire Masters, give all requisite information, make monthly reports to the Board of the condition of the whole Fire Department, and duly examine and cer- tify all accounts presented to the Board, before they are passed for payment ; and whenever any of the city engines or fire apparatus shall require repair, he shall have the same done by the superintendant of Engine or otherwise under the direction of the Board. Duty or the Engi- neer to make all surveys, &c. — to 4. And be it further ordained by the authority ^ork^&T*" aforesaid, That it shall be the further duty of the said Chief Engineer to prepare and make all surveys, plats, plans, and estimates, and superintend the execution of all contracts, directed by the City Council, or any of the city Boards, relating to the construction and repairs of pumps, wells, cisterns, drains, pavements and side walks, the grading, levelling and filling up of streets and low lots or grounds, the erections and re- pair of public buildings, and any other objects or pur- poses of city use or improvement. He shall examine all accounts rendered against the city for work, labor and materials, performed and applied in the execu- tion of any contract under Council, or an}^ of the boards, and certify in writing whether he is satisfied that the work has been faithfully performed and the contract faithfully executed, and whether the state- 112 ORDINANCES OF THE me'it of the sums charged be correct as to calculation. He shall when= ver called on by anyone of the Com- missioners of Streets and Lamps, proceed without delav to any street or lot, and alter having made a survey of the same, lav oflP and mark out the true front line or boundary <>f any lot or building, on any street without any charge to the owner or proprietor thereof. He shall als ■> discharge such other duties as are now discharged by the City Surveyor, and also such others as Council may, from time to time, direct, either bv Ordinance or Resolution ; and he shall obey all instructions he ma} 7 , at any time receive from the Mayor, requiring his aid in the performance of any of the duties of his office as herein prescribed. He shall devote his entire time and services to the duties of his office, and he shall not be engaged in any other professional business or calling (except surveying, so far as the same may not interfere with his public du- ties ;) and he shall not, directly or indirectly be con- cerned or interested in any contract under Council* or any of the said Boards, nor shall he receive in any manner either in whole or in part, any sum of money paid for work, labor, or materials, unless by express authority of Council. He shall keep an office in the city, during the usual business hours, and shall be subject to keep it at such place, and open during such hours, as Council shall direct; and he shall not be absent from the city at night without the express per- mission of Council, previously obtained, or that of the Mayor, in cases of great emergency, nor without in- forming the Chief Engineer pro tempore, and the assistant Engineers of his intended absence. CITY OF CHARLESTON. 1J3 5. And be it further ordained bv the authority cwef Engineer * " pro tern, when to aforesaid, That there shall be a Chief Engineer pro be appointed - tempore who shall be appointed by the Board of Fire Masters from amongst themselves. 6. And be it further ordained, by the authority aforesaid, That the Chief Engineer, or in his ab- chiefEugineer or Fire Masters sence, or when he is not at hand, the Chief Engineer SSSSTmSm* . • -i • i ' f* ' l r ii t houses to arrest pro tern, or, m their absence, or it neither ot them be a nre.^ immediately at hand, the Fire Masters as now autho- rized by law, shall be, and he and they are hereby authorized and empowered to give directions to the Assistant Engineers, Axemen and others, to blow up or pull down any house or other building, which may be judged, by him or them, necessary to be blown up or pulled down, for the preventing of the further spreading of the fire ; and in all cases in which the Chief Engineer pro tern, shall act in the absence of the Chief Enginaer, (and he is hereby authorized so to do in all matters relating to the Fire Department,) he shall be, and is hereby invested with all the powers and authorities, and required to perform all the duties of the said Chief Engineer. 7. And be it further ordained by the authority aforesaid, That the Chief Engineer shall, severally, ^VoLTe^ or concurrently, with the Superintendent, or Acting Etendent 1 * Superintendent, of the Board of Fire Masters, or Fire Masters acting as such, from time to time during a fire extend such orders and directions as he may deem expedient for the extinguishment of the fire, to "the Fire Masters the assistant Engineers, the Superinten- 15 114 ORDINANCES OF THE dent and Managers of Engines, and the respective Fire and Hose Companies, Axe-men, and others present at fire. All the operations at Fires shall be considered as under the superintendence, direction, and control of the Chief Engineer, and the Fire Masters, at their res- pective posts and stations. All persons in any wise employed or engaged in working and playing off the City Engines or those belonging to the Fire Compa- nies, or on duty in said Fire Companies, at times of fire, are hereby strictly enjoined and required to obey and perform all orders and directions, which they may receive from the said Chief Engineer,, or the Fire Masters at their respective posts or stations, penalty on per- Any person who shall oppose, interfere with, or refuse refusing to obey to obey the orders and directions of the Chief Engi- orders of the En- , " v Sastersaf Fires, neer or Fire Masters, at Fires, or as prescribed in this of other ordinances, shall be liable to a fine of not less than five nor more than one hundred dollars. Any person, in any way, interfering with the Chief Engineer, or Fire Masters, their agents or assistants^ at fires, may be arrested and removed beyond the line of operations, or committed as the case may be* 8. And be it further ordained by the authority aforesaid, That the said Chief Engineer shall, within Engineer to enter , r -i • i • into Bond. ten days alter his election, execute a bond, with sure- ties, bound jointly and severally, to be approved of by the City Council, in the penal sum of ten thousand dollars, for the due and faithful discharge of the duties of his office, as required or to be required by Ordinances or Resolutions of the City Council, or Regulations of the Board of Fire Masters. ■ CITY OF CHARLESTON. 115 9. And be it further ordained, by the authority aforeraid, That the Board of Fire Masters shall, on Bo ard of fi™ 1 C "ll T 1 ■ XT i • Masters to elect the nrst Monday in JNovember, m every year, or at f ° ur Assistant ** y. V " Engineers. such other time as may be convenient, elect f our Thcirdut y> &c - Assistant Engineers, one for each Ward in the city, if practicable, to hold their offices until the next regular period of election, and until a new appointment, whose duty it shall be to aid the Chief Engineer in all matters relating to the engines, magazines, pow- der, and fire department generally, whenever called upon to do so. They shall aid and assist the Chief Engineer, whenever required by him, in fixing the necessary apparatus, when orders are given to blow up a house, attend all fires, and blow up houses when ordered so to do by the Chief Engineer, the Chief Engineer pro tern., or Fire Masters authorized by law, extend any orders they may receive from the Chief Engineer, and obey all directions connected with the Fire Department, which they may at any and aH times receive from the Chief Engineer, or the Fire Masters. When discharged from duty at fires, they shall personally see all the ammunition and prepara- tions of the department safely deposited and secured in the magazines, and they shall discharge all other duties now required by law of Assistant Engineers. . . . in i Salary of Assist- As a compensation for their services they shall each am Engineers. receive an annual salary of two hundred dollars, pay- able quarterly. 10. And be it further ordained by the authority aforesaid, That the said Chief Engineer shall be sub- ject, at any time, to be removed from office by the 116 ORDINANCES OF THE chief Engineer vote of two thirds of the members of the whole Coun- when otherwise . „ . . in J3? ' removed from cl i } for such cause as to them shall appear sumcient, after a full hearing of the case. 11. And he it further ordained by the authority two magazines aforesaid, That there shall be two magazines estab- for preparations ' ° S£ der,estab "lished ; one at the Main Guard House, and the other at the Picquet Guard House ; each to contain fifty preparations of powder for explosions ; and it shall be the duty of the Chief Engineer to provide and take care that the requisite number is always at hand in each magazine, ready for immediate use. 12. And be it further ordained, by the authority Guardmentobe aforesaid, That in all cases of fire, a sufficient nura- detailed. ber of guard men shall be detailed at the main and picquet guard houses, to convey the caissons and wagons to the scene of the fire, and guard them while there. 13. And be it further ordained by the authority Board of Fire aforesaid, That the Board of Fire Masters shall be, Masters to con- » ' ofwrtbo^rSr- and they are hereby authorized to construct a num- thirty ceediIlg k er °^ we ^ s or reservoirs of water, not exceeding thirty, of dimensions to contain each not less than fifteen thousand (15,000) gallons, where practicable to make them of such dimensions ; the same to be constructed at such locations within the city, as are designated in an engraved plan of the city, certified by the Mayor, and filed with the Ordinance ; except in those cases in which the said Board may desire it necessary or expedient to change the locations of the CITY OF CHARLESTON. 117 said wells ; and for the construction of the said wells or reservoirs, there shall be appropriated by the City Council such a sum, or sums, as from time to time, may be required by the said Board of Fire Masters, who shall account to the City Council for the expen- diture of the same. 14. And be it further ordained, by the authority aforesaid, That the Superintendent of Engines shall superintendent 1 ° ofEngines — his hereafter attend all fires, as an assistant of the Chief duty - Engineer, and also all meetings of the Board of Fire Masters, when required so to do, to give the Board information on any subject connected with his office. 15. And be it further ordained, by the authority aforesaid, That the Chief Engineer shall give imme- chief Engineer 7 O O to give lnforma- diate information to the Mayor, or any one of the ^commuted 1 " ^ J against the Re- Aldermen of the city, of all offences which shall be^ u r S c ^ tand committed in violation of the "Act of the Legislature for the rebuilding of the City of Charleston," as well as the "ordinance of the city to prevent the erection of wooden buildings, and to provide greater security from fires," in order that measures may be taken for the prosecution of the offenders, according to the di- rections thereof. 16. And be it further ordained by the authority aforesaid, That if any person shall wilfully or care- Penalty for injury lessly break, injure, destroy, carry away, or put to his or her own use any fire buckets belonging to the city, used in the prevention and extinguishment of fires, with " city" painted thereon, every person so to or improper use of fire buck- ets. 118 ORDINANCES OF THE offending shall forfeit and pay a sum not exceeding twenty dollars, to be recovered in the City Court. 17. And be it further ordained, by the authority The former offi- aforesaid, That the offices of principal Engineer and ces of the Engi- ' JT XT O surveyorabd- City Surveyor as heretofore established by law, shall ished. be and are hereby abolished, so soon as a Chief En- gineer shall be elected, in conformity with this Ordi- nance. 18. And be it further ordained, by the authority Repugnem ordi- aforesaid, That all ordinances and regulations, and nances repealed. ° parts thereof, repugnant to or inconsistent with the provisions of this ordinance, are hereby repealed. Ratified in City Council, this Eleventh day of February, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 40. AN ORDINANCE Ratified To prohibit Shavings, Straw, or other combustibles from 4th March, 1839. . . being placed in the Streets. Be it Ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby CITY OF CHARLESTON. 119 Ordained by the authority of the same, That no owner, occupant, lessee or tenant of any house, store, building or lot within the city, shall lay or throw any penalty for thro*. -1 • V i 1 ■ 1 1 1 " ing any shavings, shavings, light chips, shreds, loose paper, straw, or any chi P s > &c -. iDto substance whatever, of a combustible nature, in any alley ' street, alley or lane, on pain of forfeiting for any such offence the sum of ten dollars. And if any sha- vings, light chips, shreds, loose paper, straw, or any substance whatever, of a combustible nature, shall at any time be found in any street, lane or alley, contrary to the provisions of this ordinance, it shall be deemed and taken to have been placed there from the house, Presuni p t i V e ,«. . .. ,. , -. , -J deflce of guilt, store, building or lot nearest thereto, and the owner, whatshaiibe— ° penalty, punish- occupant, lessee or tenant of such house, store, build.- mentif a slave - ing or lot, shall be subject to the fine herein before provided, unless he, she or they, make it appear to the satisfaction of the Mayor, that it was placed there by some other person, in which case the person guilty of the offence shall be liable to a fine of not less than twenty dollars, or more than fifty dollars, and if a slave, shall be whipped, not less than ten, or more than twenty lashes. Ratified in City Council this fourth day of March, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of .American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. 120 ORDINANCES OF THE No. 41. AN ORDINANCE Ratified 4th March, 1839. Concernin g the Superintendents of Streets. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby Each superinten- ordained by the authority of the same, That from and dent of streets to . '■.'- - . . > ~. t^na°cartsan d d di " a f ter tne passing of this Ordinance, each of the Su- perintendents of Streets shall employ two additional carts and horses to perform the duties, and be subject to the regulations of the Ordinance, to provide for keeping the streets and lamps in the city of Charles- ton clean, and to perform the duties of the Super- intendents of Streets. 2. And be it further ordained by the authority Duty of superin- aforesaid, That the said Superintendents shall perform tendent under the *■ L ketplngThe r the duties required by the said Ordinance in keeping the streets cleaned throughout the city, by the hour of one o'clock throughout the year, (Sundays excepted) on pain of being subject to such fine as may be im- posed by Council to be deducted from their salary. 3. And be it further ordained by the authority Additional salary _ . _ _^_ of $1,000 allowed aforesaid, I hat each of the Superintendents shall re- each Superinten- ' i ceive an additional salary of one thousand dollars, as a compensation for the services required in the Ordi- nance, and shall receive no other compensation for J CITY OF CHARLESTON. 121 the use of their carts or cartmen for the city, on any account whatsoever. Ratified in City Council this fourth day of March in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. No. 42. AN ORDINANCE To abolish the Central Board of Health, and for other purposes. Ratified 1. Be it ordained, by the Mayor and Aldermen of v.*^-^ Charleston in City Council assembled, and it is hereby ordained by the authority of the same, That the sepa- rate Board, called the Central Board of Health, estab- lished by the Ordinance, ratified the eleventh day of X he * e P ar ? , f i J J Board, called the April, in the year of our Lord one thousand eight He3S?S£iJ^ hundred and thirty-seven, entitled, " An Ordinance to powers transfer- •> red to the Board provide for filling up, draining, and levelling low lots ofHeaJth - in the city of Charleston ; for draining the cellars, cleansing sinks, removing nuisances, and to alter and amend the Ordinance concerning the Board of Health, be, and the same is hereby abolished, and the Board of Health shall possess and exercise all the power and duties vested by the said Ordinance in the said Central Board except as is hereafter provided. 16 122 ORDINANCES OF THE 2. And be it further ordained by the authority aforesaid, That the ex-officio members of the Board Ex-officio mem- tohoidS°at rd ' of Health, under the existing Ordinance, shall hold and .constitute a seata at the said Board, and enjoy and exercise all Medical Commit- J •/ in e rrfatien r toepi the privileges of the other members of that Board. dernic diseases. . - ■ ■ . _ 1 They shall constitute a Medical Committee of the Board, whose duty it shall be to enquire into all Epidemic diseases that may arise in the city, and re- port thereon to the Mayor, and they shall perform all other duties assigned by ordinance to the ex-officio members of the Board. In consideration of these du- ties, the said ex-officio members shall be exempt from the ordinary duties of examining the Wards and en- quiring into the correction of nuisances. Ratified in City Council, this fifteenth day of March, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor, By the Mayor. John R. Rogers, Clerk of Council. No, 43. AN ORDINANCE 39th March, 3839. To raisa supplies for the City of Charleston, for the year eighteen hundred and thirty-nine. 1. Be it ordained by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same r That the follow- . CITY OF CHARLESTON. 123 mg species of property owned or possessed within the limits of the City of Charleston, shall be subject to taxation in the manner, at the rate, and conformably to the provisions herein after specified, regard being had to the real value of the same, viz : Every house, Tax on landed es- *' tate, of 40 cents building, wharf, lot, or other landed estate, shall be, °h e e v V aiue thereof and is here made liable to a tax of 40 cents on every hundred dollars, of the full value or estimate thereof, to be assessed by the City Inquirer and Assessor. 2. And be it further ordained by the authority aforesaid, That on the grossamount of sales of all goods, Tax on sales. wares, and merchandise, sold within the limits of the City of Charleston, by any person or persons whom- soever, and whether for cash or credit, for, or on their own account, or on account of ethers, between the 1st day of A.pril, 1838, and the 1st day of April next, inclusive, ensuing the date of this Ordinance, there shall be paid by the person so selling, 20 cents on every hundred dollars of the amount of such sales respectively, in pursuance of the 28th clause of the Tax Ordinance, ratified the 28th day of March, 1837. Provided that this clause shall not extend to rice and Exeepti, cotton sold by wholesale by any factor, or goods, wares and merchandise, sold at public auction, that every person selling or disposing of goods, wares, and merchandize, shall, between the 1st and 21st Returns when to day of April next ensuing, the date of this Ordi- nance, deliver a true and just return of the amount of sales made by him, her, or them within the period aforesaid, to the City Inquirer and Assessor, at his office, and then 1 and there shall take the following oath- tlOE. be made. 124 ORDINANCES OF THE oath. «I } A> B, do solemnly swear (or affirm as the case may be) that the return which I now give in, contains a just and true account, and correct representation of the gross amount of sales of all goods, wares and mer- chandise, real and personal estate, sold by me, be- tween the 1st day of April, 1838, and the 1st day of April 1839, inclusive, subject to taxation by the pre- ceding clause, for, or on my own account, or for or on account of any other person or persons whomso- ever. So help me God." 3. And be it further ordained, by the authority fax on private aforesaid, That the amount of sales of goods, wares s&Ics midp tav Veudue Masters. a nd merchandise, made by Vendue Masters, at pri- vate sale, whether on their own account or on account of others, is hereby declared liable to the aforesuid tax of 20 cents on every hundred dollars of the amount of such sales, respectively — and shall be in- cluded in the return required to be made as afore- said to the City Inquirer and Assessor. 4. And be it further ordained by the authority penalty for not aforesaid, That if any person or persons selling or making' a return, . * # . for a false re- disposing of goods, wares and merchandise, within the city as aforesaid, and who is required by this Ordi- nance to make a return of the amount of sales there- of, shall fail or neglect to make such return, at the time and in the manner herein prescribed : or if any person or persons shall, in any return to be made as aforesaid, omit the amount of any sale made by him or them as aforesaid ; or shall by a false return pre- vent a full taxation, to which such sale or sales, if duly or turn m CITY OF CHARLESTON. 125 and fairly returned, would have been liable, every such person or persons shall be liable to a tax of 100 cents on every hundred dollars on the value of stock in trade, held or possessed by him, her or them, be- tween the 1st day April, 1838, and the 1st day of April, 1839, inclusive, to be assessed by the City Inquirer and Assessor. 5. And be it further ordained by the authority aforesaid, That all profit or income arising from the Tax on profit or - 1 ° income. pursuit of any faculty, profession or occupation, trade or employment, (except those hereinafter accepted) whether in the profession of the law, the profits be de- rived from the costs of suits, council fees, or other sour- ces of professional income, and on the amount of com- missions received by Vendue Masters, or other persons vending goods, wares and merchandise or real and personal property on commission, shall be liable to a tax of fifty cents on every hundred dollars : Provided hoivever, That nothing herein contained shall be so construed as to subject to taxation the profit or in- come of any mechanic arising from the particular Exception. trade he pursues, nor the salaries of the Judges and other public officers exempt from taxation, or not taxed by the Legislature of the State, nor salaries of the Clergy, nor the profit nor income of School-mas- ters, or other teachers employed in the education of youth, arising ftom such employment; nor the salary of any minor — neither shall the tax hereby imposed Furthar excep- upon carriages, apply to such carts, drays, or hackney carriages, as ply or are emplo} r ed for hire, by virtue of license obtained from the City Treasurer ; and lions. ~i 126 ORDINANCES OF THE provided that no tax shall be imposed on any build- ing used for public worship, or the lots on which they are erected ; or burial grounds connected therewith, or buildings and premises actually occupied by religious, charitable or literary societies. 6. And be it further ordained, by the authority Tax on slaves, aforesaid, That every slave, within the city, under 12 years of age, shall be subject to a tax of one dollar and fifty cents. Every slave within the city, over 12 years of age, shall be subject to a tax of two dollars and fifty cents. Every slave working out, or em- ployed in the city, whose owners reside without the limits of the said city, shall be subject to a tax of five dollars, over and above the cost of the proper badge. 7. And be it further ordained, by the authority Tax on carriages, aforesaid, That every coach or other carriage, having four wheels, and drawn by two horses or more, ex- cept as hereinafter provided, shall be liable to a tax of twenty -five dollars ; every coach or carriage having four wheels and drawn only by one horse, shall be liable to a tax of twelve dollars and fifty cents ; pro- vided that where more than one four wheel coach or carriage may be owned by any person who may pos- sess not more than a pair of horses, such person shall not be liable to a tax for such additional coach or carriage. Every two wheel chaise, chair, sulkey, or other carriage, shall be liable to a tax of six dollars. Every horse not used for military purposes by the owner, and every mule, shall be liable to a tax of six dollars, except such as are used in licensed carts and On horses and mules. CITY OF CHARLESTON. 127 drays, that is, two horses or males for each licensed double cart, and one horse or mule for everv other licensed cart or dray. 8. And be it further ordained, by the authority aforesaid, That the taxes on landed, or personal estate Tax on landed or personal estate, herein before particularly described, shall be paya- bywhompayablc ble by the persons who, on the 1st day of January in the present year, were the respective owners or re- presentatives thereof; but that every horse shall be liable to the tax herein before expressed, that shall be owned, or kept in the city at any time during the present year, after the passing of this Ordinance ; and that every coach or other carriage used in the Onhorsesant , city for one month, except in the cases herein before chargfl!' provided, shall be liable to the tax imposed upon such objects in the seventh clause ; and if not return- ed by the owner, or any person using the same, shall be liable to a treble tax, one half of the extra tax, to go to the informer. 9. And be it further ordained by the authority aforesaid, That it shall not be lawful for any tran- p en ait y on tran- . . _ sient persons, and scient person, master, or other persons attached to others, to sen ■I - 1 goods on board of any vessel not belonging to the port of Charleston, to Sf wlSSc/.&c. vend on board any vessel, or on the wharves, any goods, wares, merchandise, or produce, (excepting provisions and other produce of this State, fruit, fish and articles for public market) either on their own account, or as agent and consignee, until he or they shall have obtained from the Citv Treasurer a license to sell such goods, wares, merchandise, or produce 128 ORDINANCES OF THE as aforesaid, for which license they shall respectively- pay to the City Treasurer the sum of one hundred dollars, together with the aforesaid tax upon the amount of his sales, the said license to continue of force for one year ; and if any transient person, master, or any other person, attached to any vessel, not belonging to the port of Charleston, shall sell on board any vessel, or on any of the wharves, any goods, wares, merchandise or produce, not excepted as aforesaid, without a license, contrary to this ordi- nance, he or they shall forfeit and pay for each and every such offence, the sum of two hundred dollars, to be recovered by suit in the City Court, in the name of the City of Charleston, one half thereof for the use of the person who shall prosecute the offend- er to conviction, and the remainder for the use of the city. 10. And be it further ordained, by the authority make A out e aT s t of aforesaid, That it shall be the duty of the City En- sideD^arryUg" quirer and Assessor, to form an alphabetical list of all on trade, &c. rnd'handluoAe temporary residents in the city, viz : of all persons City Treasurer — • f l P • ws duty thereon, carrying on any faculty, profession or occupation, trade, or employment, either on their own account, or as agents for the space of ten days, and not more \ than eight months, and assess such persons respec- tively, the amount of their stock in trade, and profit, and income, and hand over said list and assessment to the Treasurer, who shall immediately give notice to the parties that he is ready to receive the tax on said stock in trade, and profit and income, and the per- son so assessed shall respectively pay a tax of one CITY OF CHARLESTON. 129 hundred cents on every hundred dollars of the amount so assessed for stock in trade, and profit and income upon them respectively. And against all such who do not come forward and pay the same, within ten days thereafter, executions shall be forthwith issued : provided, that nothing herein contained, shall apply to such persons as may give security to the City Treasurer to make their returns, and pay the tax upon sales conformably to the provisions of the second clause* 11. And be it further ordained by the authority aforesaid, That every lot, subdivided lot, or piece of Taxoniot s ,with- *' x out a well and ground within the City, enclosed and occupied, a nd pu,np ' of$4(1, which has not a good and sufficient well, or cistern, capable of containing at least three hundred gallons of water, and built of brick or stone, with a pump to the same fit for use, shall be liable to a tax of Forty Dollars, for every such lot, or piece of ground, wheth- er the same be subject to assessment or not. 12. And be it further ordained, by the authority aforesaid. That all such taxable property within the Double tax on ■; t property belong- City, as may belong to any person residing without Sg££3 , g the United States, shall be liable to a double tax ; bu t this clause shall not be construed to extend to the property of any person or persons sent or gone abroad, in the employment of this State, or of the United States, until one year after the expiration of his or their mission. 13. And be it further ordained by the authority aforesaid, That every person or persons who shall IT 130 ORDINANCES OF THE Persons acting as hereafter act as agent for any individual, or associa- Agents for indivi- ° » ni U e a s 1S no°t r in C co™po- tion of individuals, not incorporated by the laws of rated by the laws . _ pi r CO of this state, for this btate, lor the purpose oi enectmg insurances the purpose of ' •» ■*■ <-> ce^aSns"™" within the city against loss of any kind, shall, on the to lTifi k p vr turns to the Treasurer; 30th day of June next, and on the 31st day of De- to pay 60 cents on «/ • * every $100 of premk eeived. prei.m. cember next, render to the City Treasurer, under oath, a just and true account of all premiums receiv- ed by him, or any other person for him, or agreed to be paid, for any such insurances effected by him dur- ing the present year, and shall pay to the City Trea- surer on the amount of all such premiums, sixty cents on every $100, and every such agent who shall ne- glect to make such return, and pay as above required such sixty cents on every $100, upon the premiums paid or agreed to be paid, on the day aforesaid, shall forfeit and pay the sum of one thousand dollars, to be sued for and recovered in any Court having cogniz- Brokersto make ance thereof. And every Broker or person dealing return, &c. and L ~ pay tax. j n Brokerage, who shall hereafter act as agent for any individual or association of individuals, beyond the limits of this State, not incorporated by the laws of this State, for the purpose of selling and buying bills of Exchange, buying or selling Stocks, or deal- ing in money Bills or Notes, shall on the 30th day of June next, and on the 31st of December next, render to the City Treasurer, under oath, a just and true account of the whole amount of the profit, interest, and income derived by himself or his principal from such buying, selling or dealing, and shall pay to the City Treasuser sixty cents on every $100, on the whole amount thereof, and every such agent who shall neglect to make such return and pay as above CITY OF CHARLESTON. 131 required, such sixty cents on every $100, as aforesaid, shall forfeit and pay the sum of one thousand dollars, to be sued for and recovered in any Court having cognizance thereof ; provided, that nothing herein Exception, contained shall be construed to extend to the opera- tions of any Bank or Insurance Companies chartered by this State, acting within the limits of their respec- tive charters. 14th. And be it further ordained, by the authority aforesaid, That all persons residing beyond the boun- Persons residing ■ "..■. out or the city, daries of the City of Charleston, who habitually come £££"^§£1 into the city to carry on their daily business, shall be thesaiLtax a iL ■ ^ ^ residents. liable to the same tax on the amount of their sales of goods, wares, and merchandize, within the city, and on their incomes, derived from business carried on within the city, as is imposed by this ordinance on persons residing therein, which tax shall be returned collected, and enforced in like manner as is herein provided for in other cases. 15th. And be it further ordained, by the authority Licenses forc aforesaid, That the following sums shall hereafter be nages ' paid for Licenses and Badges : For every Omnibus, Hack, or other Carriage, with four wheels, let, used, or driven for hire, and drawn by two horses, the sum of $25 00 For every Omnibus drawn by four horses, 30 00 For every Omnibus drawn by six horses, 100 For every Carriage, with two wheels, so used, . . . . . . 12 50 k 132 ORDINANCES OF THE For every Cart or Wagon, drawn by two horses, . ..... 15 00 For every Cart or Wagon, drawn by one horse, ....... 10 00 For every Dray, drawn by two horses, . 12 00 For every Dray, drawn by one horse, . 10 00 For every two wheel Chaise, Chair, or Sulkey, used for breaking or exhibiting horses for sale, . . . . . 50 00 (And it shall be the duty of the Marshals to report all violations of law by the owners or drivers of such vehicles.) For such Ticket or Badge, to be obtained from the City Treasurer, for any slave, male or female, to be employed in hire out of their respective houses or families, the following sums, viz : For Badges. For every Handicraft Tradesman, . $7 00 For every Carter, Drayman, Porter or Day Laborer, . .... 4 00 For every Fisherman or woman, . . 2 GO For every House Servant or Washerwoman, 2 00 For every seller of Fruits or Cakes, or any article not prohibited,. ... 5 00 And Licenses or Badges taken out by non-resi- Non residua to dents, shall be charged double the above amounts. pay double. ° 16th. And be it further ordained, by the authority aforesaid, That from and after the first day of May next, no slave, or free persons of color, shall be per- mitted to keep any dog in the City of Charleston, un- CITY OF CHARLESTON. 133 der the penalty of one dollar for every day such dogf o e n n ^° c 7 o e r r " f0 r shall be kept; and every slave or free person of color, eepiuga charged with keeping any dog or dogs, contrary to this ordinance, shall be brought before the Mayor, or presiding Alderman, at the Police Court, and on failing to pay such fine as may then and there be im- posed, may be committed to the work house for a period not exceeding one week, or flogged not ex- ceeding twenty lashes, at the discretion of the Mayor or presiding Alderman as aforesaid ; and any slave or free person of color, residing on any lot where no white person resides, may be deemed and taken dencT ptive evi " to be the keeper of any dog found on the pre- mises, unless he or she can shew who is the owner and keeper of the same ; and any white person re- siding on any lot where slaves, or persons of color, also reside, may be deemed and taken to be the owner and keeper of any dog found on the premises, unless he or she when called upon for that purpose, shall shew who is the owner and keeper of the same. 17. And be it further ordained, by the authority aforesaid, That on every dog kept by any white per- J y " S^plS! son or on his premises, there shall be paid a tax of two dollars to the city, and on every dog more than one, a tax of three dollars, and for every dog more than three, a tax of five dollars ; and any dog or dogs kept as aforesaid, shall be included in the tax return of the owner or keeper thereof, or the head of the family or keeper of the house, where such dog is kept or harbored. And on the payment of the said tax, the owner or keeper of such dog or dogs shall be en- - 134 ORDINANCES OF THE titled to receive from the Citv Treasurer a license godTaUargl? for such dog to go at large for one year, provided a collar shall be constantly worn by such dog, having the name of the owner legibly written, stamped, or engraved thereon; and provided also, that if at any time it shall be deemed unsafe to permit dogs to go at large, it shall be the duty of the Mayor to issue a pro- ™™f >r m to J ssue ,. clamation forbidding the same. And anv dog found proclamation as O %/ O largefanlTwhen 1 . going at large, after such notice, and until such pro- clamation shall be revoked, shall be killed, and the owner or keeper thereof, shall be moreover liable to a fine of ten dollars. And any dog found in any lot or going at large, contrary to this ordinance, may be lawfully killed. Any person keeping any dog contrary to this ordinance, shall be liable to a fine of one dollar for every day any such dog may be so kept. And To make return for failing to make a return of any dog, liable to tax- ation, the owner or keeper thereof shall be liable to a double tax, as in other cases. 18. And be it further ordained, by the authority aforesaid, That the following oath, in addition to the oath as to dogs, oaths now prescribed by law, shall be taken by all persons making a return of takable property in the city, viz : "And I. A. B. do further swear, that there is no Dog kept by me or on my premises, liable to taxation," to which shall be added the following, where a Dog or Dogs may have been returned, "ex- cept such as have been duly returned," so help me God. And ^it is hereby ordained, that any Dog brought into the city, shall be immediately reported to the City Treasure!:, and the tax paid, a license CITY OF CHARLESTON. 135 taken out for the remainder of the year, under a penalty of five dollars, on the owner or keeper of said Dog, or the person on whose premises the said Dog may be, found ; and any Dog at any time found in the city, shall be deemed and taken to be kept therein, and liable to the tax aforesaid. 19. And be it further ordained, by the authority C • 1 rni • it - 1 • P Applicants for aroresaid, 1 hat in addition to the permission oi leave to exhibit *■ shows, or act, or Council, required by the Ordinance concerning %S?&c*tc?~ ii i /~v i r\ f v a y ' n *° t ' le amusements, passed on the 28th October, 1801, (see Treasury the L ' .' \ sum fi xec l by City Ordinances, .page 6,) it shall be necessary for CounciK any person applying for leave to act, represent, per- form, or exhibit any of the exercises or shows therein described, first to pay into the Treasury, the sum to be fixed by Council, not less than $20, nor more than $100. 20th. And be it further ordained, by the authority aforesaid, That any person owning or possessing any property liable to the payment of a City Tax, as aforesaid, as well on his own account, or as executor, administrator, guardian, trustee, attorney, agent, or otherwise ; having the charge or management of any taxable property within the City, or of any person deceased, absent, or under age, or otherwise, shall, on or before the 21st day of April, in the present year, deliver a true and just return of all such property, with a correct description of lands and tenements, the numbers, situation, and dimensions thereof, to the City Inquirer and Assessor, at his office, and then and there to take the following oath — "I, A. B. do solemn- 136 ORDINANCES OF THE oath to be taken ly swear (or affirm as the case maybe) that the re- on return of pro- , . . -i- . . . 1 perty, &c. turn which 1 now give in, contains a just and true account, and correct representation of all the real and personal estate subject to taxation, which on the 1st day of January, in the present year> was or were in my possession, for or on my account, or on account of any other person or persons whomsoever, either as executor, administrator, guardian, trustee, attor- ney, agent, or otherwise ; and that no more of said property than is represented, is in any wise be- longing to any person or persons resident in a foreign country — So. help me God." And every person taking such oaths, shall subscribe the same on each return made by him or her, and deliver them to the City Inquirer and Assessor. And no return shall be received from any one, of the property of another person, except as aforesaid, in the character of execu- tor, administrator, guardian trustee, attorney, or agent, unless the same be sworn to by such person before the City Inquirer and Assessor, or a Magis- trate duly qualified to administer such oath. 21. And be it further ordained, by the authority Malted aforesaid, That each and every Vendue Master, shall, in addition to the oath prescribed by the pre- ceding section, take the following oath — "I, A. B, do solemnly swear, (or affirm, as the case may be,) that the return I now give in, contains a just and true account of all commissions received by me, (or the concern of which I am a co-partner,) on goods, wares, and merchandise, sold by me (or my house) at pri- vate sale — so help me God." CITY OF CHARLESTON. 137' 22. And be it further ordained, bv the authority information to ■ •» "be given of sales aforesaid, That it shall be the duty of every taxable eroes?since n ist e " . , . />!•• -n ^ January last. inhabitant of this city, who shall, since the first day of January, in the past year, have sold any lands or negroes liable to the city tax, to give information thereof, at the time of making such return and the name of the person to whom sold, to the City Assessor. 23. And be it further ordained, by the authority aforesaid, That it shall be the duty of the City En- city Assessor, to 1 . „ . inquire as to sales quirer and Assessor, to inquire ol every person mak- of taxable P ro- ■*• ■•■ ■ •> L perty, and keep ing a tax return, whether he or she, or the person account - they may represent, have sold any taxable property since the last return day, and he shall enter the same in a book to be kept for that purpose, with the name of the person to whom such sales may have been made, and shall take the proper measures to collect the taxes on all such property. 24. And be it further ordained, by the authority aforesaid, That any person being the owner, or hav- Double Tax im . , 1 p , , . . . , posed upon false ing the charge ot any taxable property within the rem™, or want of city as aforesaid, and who is required by this ordi- nance to make a return thereof, on failure, to neglect, to make such a return at the time, and in the man- ner herein prescribed, or if any person shall, in any return to be made as aforesaid, omit any house, build- ing, lot, or wharf, landed estate, slave or slaves, coach or other carriage, horse or horses, profits, income, or other property liable to a tax as aforesaid, or shall, by a false return, prevent a full assessment, to which such property, if duly and fairly returned, would 18 138 ORDINANCES OF THE have been liable, every such person shall, in every such case, be doubly taxed. 25. And be it further ordained, by the authority Taxes wt.en to be aforesaid, That all assessments made on real or per- paid: in default, m surandfurther scma l property, sales and income, rendered taxable proceedings. un( j er thj s ordinance, shall be paid to the City Trea- surer, at his office, on or before the 2d day of June* . in the present year ; and if any person shal 1 fail or neglect to pay his or her assessment, when due as aforesaid, an execution shall forthwith be issued against any goods or chattels to such persons belong- ing, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges; and the overplus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other person as may have lawful claim thereto ; but if no goods or chattels can be found belonging to any such person, or if such as have been found be insufficient to defray the whole amount of the assessment" and charges, the Sheriff shall levy upon, and sell at public auction, any of the landed property of such person, within the limits of the city, on a lease not exceeding five years, for the purpose of discharging what may be due as aforesaid, and shall dispose of the surplus, if any be left, in the same manner as above directed. And if any person failing or neglecting to pay his or her assessment, should have neither landed property nor goods and chattels within, the city, or if the proceeds of the sales CITY OF CHARLESTON. 139 of such as may belong to him or her, should not be adequate to the full payment of what is due by him or her as aforesaid, then the City Sheriff shall take out an execution against the body of such person, Execution O t/ x against the body, and commit the same to the gaol of Charleston Dis- wnent01ssue - trict, there to be detained until full payment be made, or until discharged according to law. Provision as to country resi- dents. 26. And be it further ordained, by the authority aforesaid, That every inhabitant of this State, owning or possessing any taxable property within the city, but residing therein at no other time than between the months of June and November, or residing alto- gether in the country, shall be at liberty to make his or her return on or before the 20th day of June in the present year, and to pay his or her assessment on or before the 21st day of July next ensuing, subject however, to the regulations and penalties hereinbe- fore prescribed and imposed in every other respect, except as to the time of making returns, and paying such assessments ; and with the foregoing exceptions in point of time, the City Inquirer and Assessor, the City Treasurer, and City Sheriff, shall be bound to observe in regard to every such person, the same rules and proceedings, respectively, as above prescrib- ed in other cases. 27. And be it further ordained, by the authority Every inhab - tant aforesaid, That every inhabitant of this State resid- aiding wttbin'the . city for three mg within the city for three months in the year, shall ""^tobed'em- be considered and deemed an inhabitant thereof; and of the city! " ant all such of his or her personal property, held, possess- 140 ORDINANCES OF THE ed, used, or enjoyed in the city, as may come under the description of taxable property, specified in the Ordinance, shall be liable to assessment, and be pro- ceeded with agreeably to the foregoing provisions of said Ordinance, if brought into and used within the city during such residence, although not within the city on the first day of January preceding. 28. And be it further ordained, by the authority Goods sold with, aforesaid, That all sroods, wares, and merchandize, in the city after ° nS h a f bf e pr to a sold within the limits of the City of Charleston, by any person or persons whomsoever, and whether for cash or credit from and after the first day of April next, ensuing the date of this Ordinance, shall be lia- ble to a tax of twenty cents on every hundred dol- lars of the gross amount of the sales of such goods, wares and merchandise, to be returned, assessed and collected in such manner, and within such time, as shall be prescribed by Ordinance of the City Council. 29. And be it further ordained, by the authority Duty of Assessor aforesaid, That it shall further be the duty of the as to makings as- . '-- . , . , sessmeut and ob- City Inquirer and Assessor, to make diligent enquiry taming accurate J X. ' 3 J »/ as to all property liable to taxation, to put the neces- sary questions and make the required explanations, and to take all proper measures for the purpose of obtaing full and accurate returns, and to make the assessment on a scale that will bear equally on all, and to collect the taxes according to the true intent and meaning of the Ordinances in such cases made and provided. 30. And be it further ordained, by the authority CITY OF CHARLESTON. 141 aforesaid, That the Assessor shall, so soon as the re- turns are completed, make out an alphabetical list of J° t ^1x21* all the persons making such returns, or liable to pay ,nhablta ' taxes in the city, with the amount of their respective assessments, under the proper heads — and shall forth- with deposit the same in the Treasurer's office, to be published whenever Council shall so direct. 31. And be it further ordained, by the authority aforesaid, That free negroes and free persons of color Taxes 00 free shall be, and are hereby made liable to the following sons of color. taxes, viz :— ^males from the age of 21 to the age of 60, carrying on any trade or art, or being a mechanic, and residing within the city, or residing without the city, exercises his trade or art therein, each a tax of ten dollars ; males from the age of 21 to the age of 60, each a tax of eight dollars, and from the age of 16 to the age of 21, a tax of five dollars — Females from the age of 18 to the age of 50 years, each a tax of five dollars ; from 14 to 18, a tax of three dollars, except such negroes and free persons of color, as shall be clearly proved to the Inquirer and Assessor, to be incapable, from maims or otherwise, of providing his, her or their livelihood. The foregoing taxes on free negroes or free persons of color, shall be paid during the month of June in the present year, to the City How coUect ed. Treasurer. And if any free negro or person of color of the ages aforesaid, shall neglect to pay his or her tax as aforesaid, an execution shall be issued against the property and person of such free person of color, directed to the City Sheriff, requiring him to seize and sell the property of any such free negro or free per- 142 ORDINANCES OF THE son of color, and deduct so much from the sale there- of as shall be sufficient to pay the tax due by him or her as aforesaid, as also the cost and charges of such seizure and sale ; but if no property can be found belonging to such free negro, or free person of color* | then it shall be the duty of the City Sheriff forthwith, by virtue of the said execution, to seize and take the body of any such free negro or free person of color, and to bring the same before the Mayor, or presiding Alderman for the time being, whose duty it shall be to enquire into the cause of neglect, or refusal, to pay the said tax ; and the said Mayor, or presiding Alder- man, are hereby authorised and empowered if they, after the said inquiry, shall deem fit to order, and direct such free person or persons to be confined in the Work House, and placed on the Tread Mill for any time not exceeding one month, unless his or her tax due as aforesaid, with costs and charges, or be sooner paid. And every free negro, or free person of color, as aforesaid shall, on or before the 15th day To make return of May, in the present year, make a return of his or of themselves and alod e r&c. lace of ner nar Q e aT1( i a g e > of the name and ages of his or her child or children, and of his or her place of abode and occupation, to the City Inquirer and Assessor, who shall enter the same in a Register ; and if any free negro, or free person of color, shall neglect or refuse to make such return within the time and in the man- ner before prescribed, or shall give a wrong name or names with intent to deceive the Inquirer and Asses- sor, he, or she, shall, in either case, be doubly taxed and proceeded against in the same manner as above directed with regard to free negroes, or free persons CITY OF CHARLESTON. 143 of color, whose tax is not duly paid as aforesaid. Ratified in City Council this nineteenth day of March, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Cleric of Council. No. 44. \ AN ORDINANCE To provide a Clerk to aid the City Treasurer in the Ratified performance of the duties of his office. v^-n^w Be it ordained by the Mayor and Aldermen of Charleston in City Council assembled, and it is hereby ordained by the authority of the same, That a Clerk Acierktoawthe City Treasurer, to aid the City Treasurer m the performance of the ^° h j£ clected and duties of his office, shall be elected by the City Council on the first Monday in April, or the first meeting of Council thereafter, in the present year, and on the third Monday in October, in every year succeeding, or the first meeting of Council thereafter. 2. And be it further ordained, by the authority aforesaid, That the said Clerk so elected, shall give to give bond, bond to the City Council, in the penal sum of five thousand dollars, with two securities, to be bound jointly and severally, conditioned for the due and faithful performance of such duties as now are or here- 144 ORDINANCES OF THE after may be required of him by the City Treasurer, which bond shall be approved of by Council, and when so approved shall be recorded in the office of the Secretary of State. 3. And be it further ordained, by the authority How removed, aforesaid, that the City Council may remove, for cause, any Clerk whom they may so elect, and elect another in his place. 4. And be it further ordained by the authority salary $500. aforesaid, that for and in consideration of the faithful discharge of the duties required to be performed by the Clerk so elected, he shall receive a salary of five hundred dollars per annum, payable quarterly. 5. And be it further ordained, by the authority SSSST^ai- aforesaid, That all ordinances and parts of ordinances repugnant hereto, be and the same are hereby re- pealed. Ratified in City Council, this twenty-fifth day of March, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. ed CITY OF CHARLESTON. 145 No. 45. AN ORDINANCE To amend the ordinance entitled "An Ordinance to re- Ratified, 6tn May, 1839. organize the Fire Department, and for other pur- v~*-v*h^ poses, 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That the num- two additional Fire JIasters for ber of the Board of Fire Masters be increased by «£ c h t J ard to be electing, immediately after the passage of this ordi- nance, and at the usual annual periods for the elec- tion of Fire Masters hereafter, two additional Fire Masters for each Ward in the city, in the same man- ner as Fire Masters are now directed to be elected by law. 2. And be it further ordained, by the authority aforesaid, That from and after the passino- of this soiaryof the r r Clerk of tIle ordinance, the salary of the Clerk of the Board of M a ar t e r ° fFire Fire Masters shall be seven hundred dollars, payable quarterly. Ratified in City Council this sixth day of May, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. 19 146 ORDINANCES OF THE No. 46. AN ORDINANCE Ratified, To establish a High School in the City of Charleston, 6th May, J 839. ° *■ v^-v^w- and for other purposes. 1. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is heieby fabnthed e to b e eJ " ordained by the authority of the same, That an name of the Academy be, and the same is hereby established, in "High School of J J .- .. . ' Charleston." perpetuity, in the City of Charleston, under the patronage of the City Council of Charleston, and to be known and distinguished by the name and style of "The High School of Charleston," and the said Academy shall go into operation on the first day of July next, or as soon thereafter as practicable. 2. And be it further ordained by the authority aforesaid, That the said High School of Charleston shall be organized by, and be under the supervision of a Board of Supervisors, to consist of the Mayor and four Aldermen of the City, and of six Trustees of the College of Charleston, to be elected, for the present, by Council, immediately after the ratification of this Ordinance, and to hold until a new appointment, and to be elected regularly hereafter on the first meeting,, in each and every year, after the meeting at which the new Council shall qualify, or as soon thereafter as practicable; and to hold their offices until a new re- gular appointment as aforesaid ; and the said Board of Supervisors shall have power, and they are hereby empowered to elect the principal and assistant How organized. CITY OF CHARLESTON. 147 Teachers of the said High School, and to make rules Board of „ Su P e , r ; and regulations for the government and regulation of the said School, and the studies and discipline thereof, and of the Teachers thereof, subject to the approval, alteration, and amendment of Council ; and it shall be the duty of the said Board of Supervisors or a Committee thereof to supervise the said School, attend quarterly examinations thereof, award pre- miums (if they see fit) to deserving pupils and in general to do all matters necessary or proper to pro- mote the good conduct, and usefulness of the said School ; and they shall also have power to make rules for their own government as a Board, subject to the approval of Council. 3. And be it further ordained, by the authority aforesaid, That the said Board of Supervisors shall Further powers, « to elect a Clerk, have power, and are hereby empowered to elect a ^Jamie's 6 ''" Clerk and Treasurer of their Board, to give bond in the sum of five thousand dollars, with two sureties to be approved by Council, for the faithful performance of the duties of his office, and whose duty it shall be punctually, to collect, when due, and pay over to the City Treasurer, at the expiration of each and every quarter, all sums due and received for tuition, and who shall perform such other duties as may be as- signed him by the said Board, and shall receive for his compensation, ten per cent on all sums collected or received by him for tuition, to be deducted from the same, on his quarterly settlements with the City Treasurer — Provided, the same shall in no event ex- ceed Five Hundred Dollars ; and the said Clerk and 148 ORDINANCES OF THE Treasurer shall be elected as soon as practicable after the organization of each Board of Supervisors under this Ordinance, and shall hold his office until a new appointment, subject in the meantime to removal from office for cause, by a vote of two-thirds of the said Board, with the approbation of Council. 4. And- be it further ordained by the authority >ne principals, aforesaid, That there shall be attached to the said Teacher, and one wftiiei'r^Sanesi High School of Charleston, one Principal Teacher and one Assistant Teacher, to be elected as aforesaid, the former uf whom shall receive, as a full compensa- tion for all services, the annual salary of Twenty-five Hundred Dollars, payable quarterly out of the City Treasury, and the latter of whom shall receive, as a full compensation, for all services, an annual salary of Fifteen Hundred Dollars, payable quarterly out of the City Treasury ; and the Teachers of the said School shall be subject to removal from office for cause, and after an opportunity for a full hearing, by a vote of two thirds of the said Board, approved by Council. 5. And be it further ordained by the authority uxmberof aforesaid, That the said High School of Charleston btnolars and O ^iont power to US " shall be bound to instruct, at a time, not less than suspend, and price of tuition, thirty-five pupils, to each and every teacher, and above that number the said Board of Supervisors shall have power to limit the number of pupils admis- sible into the said school, and thev shall also have the power to regulate the mode of admission so as impar- tially to extend the benefits of the said school to as large a number of citizens as practicable, and also to CITY OF CHARLESTON. 149 suspend or dismiss pupils for improper conduct, and to adopt all necessary measures to enforce the punc- tual payment of tuition money. 6. And be it further ordained by the authority aforesaid, That the price of tuition in the said High price of Tuition School of Charleston shall be Forty Dollars per annum, payable quarterly in advance, the quarters to commence on the first days of January, April, July, and October respectively, and on the admission of any pupil into the school, after the regular quarter dav, his tuition monev, at the rate aforesaid, shall be payable in advance, up to the commencement of the next quarter. 7. And be it further ordained, by the authority aforesaid, That the City Council of Charleston, shall build, or otherwise provide, a suitable School House, city council to 1 . JT ■ ' ' provide a suitable for the said High School, at the cost of the City ; and Sch ° o1 that the expense of fuel and stationary shall be de- frayed by the City out of the moneys received for tuition ; and it shall be the duty of the City Trea- surer to keep a seperate account of the receipts and expenditures of the Treasury on account of the said School, and make quarterly reports thereof to Council. And whereas, it is essential to the permanence and prosperity of the said High School, that it should be liberally endowed, and an enlightened care for the interests of the rising generation and of posterity admonishes that it should be established on a firm and lasting foundation. 150 ORDINANCES OF THE Appropriation 8. And be it further ordained by the authority for the support «/ •> of the Sch. o,. a f Qresaidj That on the firgt day of J u ] y f the pre „ sent year, and of each and every year thereafter for the next 99 years, (and the public faith of the City is hereby pledged to that effect,) there shall be appro- priated and paid out of the City Treasury, the sum of One Thousand Dollars, for the endowment of the said High School, and to form a permanent and ac- cumulating fund for the benefit of the said School ; and the said annual sums or appropriations of One Thousand Dollars, together with all donations, de- High school vises, bequests, or legacies, to the said School Fund iaverfed. shall be paid over to, and be received by the Mayor of the City, the Chairman of the said Board of Su- pervisors, and the City Treasurer, as Commissioners of the High School Fund, and they shall invest the same, and the income thereof, in public or Bank Stocks of this. State, the several States and the United States, or other good and sufficient securities — Pro- vided always, that whenever the said School Fund shall yield an income of Five Hundred Dollars per annum, that amount of income shall be applied and . expended in the ordinary maintenance or improve- ment of the said School, as Council shall direct, and whenever, and as often as the said School Fund shall yield an additional income of Five Hundred Dollars, that amount of additional income shall be also applied and expended as aforesaid. And whereas, also the College of Charleston is intimately connected with the intellectual improve- ment and. moral welfare of the youth of our City* CITY OF CHARLESTON. 151 and deserves to be cherished with a wise and liberal patronage in order to extend the sphere of its use- fulness. 9. And be it further ordained by the authority aforesaid, That a like annual appropriation of One Appropriation for the College of Thousand Dollars, for a like term of years, as above Charleston. prescribed in relation to the High School Fund, shall be annually made and paid out of the City Treasury, in order to form a permanent and accumulating Fund, for the further endowment of the said College of Charleston, to be called the City College Fund, and that the same, with all donations, devises, be- quests, or legacies to the said Fund be paid over, re- ceived, invested, dealt with and disposed of, as relates to both capital and income, for the benefit of the said College, in like manner, in every particular, as is pre- C it y coiiege ..,..,. Tl T • i Fund ; how to bo scribed in the immediately preceding section, relating inve.t«d,&c to the High School Fund, except that the Commis- sioners of the City College Fund shall consist of the Mayor of the City, the President of the Board of Trustees of the said College, and the City Treasurer, and the Commissioners of both the High School and the City College Funds shall annually report to Council, at the usual period for the annual statement of city accounts and finances, the amount and dispo- sition of the funds respectively under their charge. 10. And be it further ordained, by the authority aforesaid, That the Trustees of the College of Charleston, and the Supervisors of the High School of Charleston, shall admit, and are hereby authorized 152 ORDINANCES OF THE Provision as to and required to admit into those institutions respec- ine admission of " ■«■ •»• orphan House. he tively, free of all charge, such students, and pupils from the Orphan House of this City, as the Legisla- ture of this State may direct and prescribe to be ad- mitted, as the consideration of any annual contribu- tion or donation which that body may make to the City College fund, or the High School fund, provided the City Council shall not dissent from the terms of such annual contribution or donation : and the Su- pervisors of the said High School shall also admit into that institution, free of charge, such pupils from the said Orphan House, as the City Council may, at the instance of the Commissioners of the Orphan House, from time to time direct. " Ratified in City Council this sixth day of May, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-third year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 47. Kattfed AN ORDINANCE 4 th June, 1839. ^^^^^ To prevent Carts or Drays following or obstructing Military Companies. 1. Be it ordained, by the Mayor and Aldermen of Charleston in Citii Council assembled, and it is hereby Not lawful for u J driven D^ne a Jroe 8 ordained by the authority of the same, That from and coio"tofonow after the passing of this Ordinance, it shall not be military parades. ± o lawful for carts, or drays, exclusively occupied or CITY OF CHARLESTON. 153 driven by negroes or other colored persons, so to accompany, precede, or follow Military Companies, so as to annoy or obstruct the same on parades, or so as to obstruct the streejt on such occasions ; and any negro or other colored person who shall violate this law, shall be dealt with and punished in the same manner as negroes and other colored persons are now dealt with and punished, for following or obstructing military parades; and in all such cases the vehicles Penalt y therefor - and horses shall be liable to seizure, and to be placed in a livery stable, subject to the order of the owner or owners, on payment of the usual expenses for keeping and feeding horses, if any shall have occurred before application of the owner. Ratified in City Council, this fourth day of June, in the year of our Lord one thousand eight hundred and thirty -nine, and in the sixty -third year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 48. AN ORDINANCE To increase the salary of the City Attorney, and for 8 *jSy*m9. other purposes. Whereas, since the Ordinance, passed in the year of our Lord 1820, regulating the office of City Attor- ney, from the many public improvements within 20 Preamble. 154 ORDINANCES OF THE the City, and other causes, the duties of that officer have been enlarged to a considerable extent. Be it therefore ordained, by the Mayor and Alder- men of Charleston, in City Council assembled, that the City Attorney shall be, and he is hereby entitled to receive, from the City Treasury, the annual salary Attorn"/ City °f eight hundred dollars, payable quarterly, to com- ' mence from the twentieth day of May, in the current year, as a full compensation for drawing all deeds, preparing- all writings, and rendering all the services required from the City Attorney, under any of the existing Ordinances, or which may be directed under any Ordinance, Resolution, or Order of Council, which may hereafter be adopted in relation to the duties appertaining to the office of City Attorney. Ratified in City Council, this eighth day of July, in the year of our Lord one thousand eight hun dred and thirty-nine, and in the sixty -fouith year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 49. AN ORDINANCE Ratified m 6th August, 1839. y»0 amend the Ordinance to re-organize the Fire De~ partment, and for other purposes. 1. Be it ordained by the. Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby CITY OF CHARLESTON. 155 ordained by the authority of the same, That so much so much of the "' ^ *f Ordinance rela- and such parts of an Ordinance ratified the 11th day Departments 6 n. -r-\ ■. . T\ ' ' 1 1-11 provides for the of rebruary, Anno Domini, one thousand eight hun- election ofachief •* P Engineer and dred and thirty-nine, entitled "An Ordinance to re-or- Engineer^&c.. ganize the Fire Department and for other purposes," as provides for the creation and erection of a Chief Engineer and four Assistant Engineers, and relate to the various duties therein assigned to the said Chief Engineer and four Assistant Engineers, respectively be, and the same are hereby repealed. 2. And be it further ordained by the authority " Board of Fire aforesaid, That the Board of Fire Mas'ers shall with- I Ma r te ™ to , elect by ballot, from in ten days after the passing of this Ordinance, and at c^superin-' a tendent, and a the first meeting of every new Board hereafter to be Tn7rdA e 4?s n tant nd appointed, elect by ballot from their own body, a upei ' ' Chief Superintendent, and a first, second and third Assistant Superintendents — such election to be ap- proved and confirmed by the City Council. 3. And be it further ordained, by the authority Boa rdofF ire Masters to consist aforesaid, That the Board of Fire Masters hereafter 0/12 members' 3 from each Ward. to be appointed, shall consist of twelve members, three from each Ward. 4. And be it further ordained, by the authority „. „ ' «/ Fire Department aforesaid, That the management of the Fire Depart- Fifes^beundeJ the direction of ment, and all the operations at a fire, shall be by, and p 1 n j e s a u ,J 1 d erintend " and under the authority, control, and direction of the said Superintendents and Fire Masters, according to the following regulations. REGULATIONS. regulations. I. That on the occurrence of a Fire, the 156 ORDINANCES OF THE Duty of superiu- Chief Superintendent of the Board of Fire Masters, ten dent, on x occurrence of a Q ^ - n jjjg a b sence> one of the Assistant Superinten- dents, or should no Superintendent be present, the first Fire Master arriving at the Fire, shall repair to a conspicuous spot in the vicinity of the Fire, attended by a lantern to designate his station ; which station shall be the point of rendezvous of the Fire Masters, who as they successively arrive, shall report them- selves for duty to the acting Superintendent, or should no Superintendent be present, to the Fire Masters acting as such. cierk to give no- 2. That the Clerk of this Board shall give no- tice to engineers, .... 1 _, . n _ .. &c. tice m writing to the Engineers, Managers, and Assistant Managers, of Fire Engines, and the Lead- ers of Fire Companies, that when they shall arrive at a Fire, they shall personally, or through their As- sistants, report themselves to the Acting Superinten- dent, or if no Superintendent be present, to the Fire Master having charge of the Lantern, who shall as- sign them their stations respectively. superintendent 3. That the acting Superintendent, or in the ab- F°irTMaste?s. ts ° sence of the Superintendents, the Fire Master, acting as such, shall assign one or more Fire Masters to each point requiring their care, as he shall deem expedient. r 4. That the Fire Masters having had their posts as- Powers and Ma t ite S rs fFire signed them, shall at their respective posts, exercise all the powers and duties which belong to this Board, but no post shall be left by all of the Fire Masters as- signed to it, unless for some cause which shall be im- mediately reported to the Acting Superintendent, or CITY OF CHARLESTON. 157 to the Fire Master acting as such, Provided, that no £' l £ e J ,owing up house shall be blown up without the concurrence of at least two Fire Masters, and where time shall per- mit, the direction of the Acting Superintendent shall be obtained. 5. That the Acting Superintendent or the Fire _ , # . Duty ofSuperin- Master acting as such, shall assign so many Fire En- tender as to Fire . ' D •/ Engines at a fire. gines to each post as he shall deem proper, whose Managers shall obey only the orders of the Fire Mas- ters, who are assigned to the same post. 6. That if in the progress of the Fire it shall be- come necessary to change the Posts of the Fire Mas- ters, the Acting Superintendent, or the Fire Master acting as such, shall assign them new posts. 7. The acting Superintendent, or the Fire Master LanterIli where 1 i ii ■." . . 1111 kept, and how acting as such, when he leaves his station shall always forwarded at fire. be accompanied by his lantern. 8. That in order to insure the speedy arrival of Dutyofthecierk the lantern at the fire, the same shall be kept at the Main Guard House, to be immediately forwarded when fire shall occur either by day or at night, by an active Member of the City Guard, who shall for this service receive the compensation allowed by the City Ordinance to each white man employed in working an Engine at fires. 9. It shall further be the duty of the Clerk to at- tend the Superintendent at fires, and to keep an ac- count of the persons reporting themselves to the Su- perintendent, and to make out a report of the per- sons so reporting themselves, and of Defaulters, which 158 ORDINANCES OF THE shall be laid before the Board, at their next meeting, in order that such fines may be imposed, as Council or the Board, may from time to time affix and prescribe. 10. That in case of the intended departure from t S o U ffve n nouce n of tne ^ity °^ tne Chief Superintendent, he shall give ieavin!°thecity. notice thereof to the Clerk of the Board of Fire Masters, who shall forthwith extend such information to the first Assistant Superintendent, or in case of his absence, to the second or third Assistant Superinten- dents, as the cuse may be, who shall in such case hold himself called upon to discharge the duties of Acting Superintendent of the Board of Fire Masters. 11. That the Board of Fire Masters shall within Masters to Sect a one month after the passing of this Ordinance, and Principal and . ■ # En re Le\ S rs Stant annua lly withm one month after the organization of every new Board of Fire Masters, having published due notice thereof, proceed to elect a Principal and three Assistant Engineers ; such election to be ap- proved and confirmed by the City Council ; that the said Engineers now to be elected, shall respectively Term of office. n °ld their offices, until a new election be made by the Board of Fire Masters, which shall be next appointed at the usual time ; and the said Engineers then and thereafter to be elected, shall respectively hold their offices for one year, unless for sufficient cause they or either of them shall be sooner removed by the Board of Fire Masters, agreeably to the rules now or here- after to be established by them ; such removal to be approved and sanctioned by the City Council. 12. That the salary of the Principal Engineer shall CITY OF CHARLESTON. 159 be 400 dollars per annum, and the salary of each of JJ^§Jj|»2; t the said Assistant Engineers, shall be $200 per an- £nsine< num — the said salaries to be computed from the time at which the City Council shall approve the respec- tive elections of the said Principal and Assistant Engineers. 13. That the said Principal Engineer shall within Principal En g i« i c neer to enter ten days after his election, enter into a bond with one intoboad > &c - or more sureties to be approved by the Board of Fire Masters in the penal sum of two thousand dollars, for the faithful performance of the duties of his office, as now specified and established, or hereafter to be spe- cified and established by the Ordinances of the said City, and the rules and regulations of the Fire De- partment. 14. That the Chief Superintendent, or in his ab- Authority to bio* ■*• up or pull down sence, the Acting Superintendent of the Board of auy h0U£e ' &c ' Fire Masters, or should no Superintendent be at hand, or if time will not allow to consult with the Su- perintendent or Acting Superintendent, any two of the Fire Masters acting in concert, shall and may and are hereby authorized and empowered to give direc- tions at time of any fire, to the Engineers or either of them, and the Axemen, to blow up or pull down any house or other buildings which they may judge ne- cessary to blow up or pull down, for preventing the further spreading of the fire. 15. That it shall be the duty of the Principal and Assistant Engineers to attend with the necessary ammunition and apparatus at all fires for the purpose 160 ORDINANCES OF THE Dutyo.fEn.ji-. of blowing up any building or buildings, which they neers in relation O JT «/ O o ' •/ neers in relation to ammunition and a™parLt'us n for or either of them may be ordered to blow up accord- blowing up , houses. ir) g t t ne provisions of this Ordinance, and when discharged from duty to see all the ammunition and apparatus safely put in the proper Magazines. It shall be the duty of the Principal Engineer to inspect and examine at least once a week, the powder, port fires, fuses, matches, and all other articles and imple- ments, immediately belonging to his department, to keep constantly on hand, at least 50 boxes of powder at the Magazine at the Main Guard House, and the like number at the Piquet Guard House, so fixed as always to be ready for use, with a sufficient supply of fuses, matches, port fires, wedges, scantling, ammu- nition-wagons, tools, &c, under the direction and supervision of the Board of Fire Masters, or a Com- mittee thereof, to report in writing relative to the condition of his department, and of every thing be- longing thereto, to the Board of Fire Masters, at the Meetings of the said Board, next succeeding the quarterly examinations of the Fire Engines, and to obey all such directions as shall be given him by the said Board. It shall also be his duty, to report in writing to the Mayor, all accidents by fire, that may happen in the City, with the causes thereof, and the number and description of the building destroyed or injured, together with the names of the owners or occupants, and when required it shall be his duty to attend and aid the Mayor or any Committee of the City Council, or of the Board of Fire Masters, who may be engaged in investigating the cause of any fire. CITY OF CHARLESTON. 161 16. The Principal Engineer shall not leave the Principal Engi- 1 O neer. Dot to leave City either by day or night, without first obtaining leTveoVthV "* Board, condi- permission to do so of the Board of Fire Masters, and 3 s of J°™ e, for the Board shall not grant such leave, unless the said goingw Principal Engineer, shall substitute during all the time of his absence, a competent person to discharge the duties of his office. And if the said Principal Engineer shall leave the city without first obtaining permission to do so in manner aforesaid, he shall for- feit his office, and the Board of Fire Masters shall on the fact of his leaving as aforesaid bemg proved to their satisfaction, proceed to declare his office vacant and after advertising for candidates to fill the same, for a period not less than ten days, shall proceed to elect a Principal Engineer to serve during the unex- pired term of his office. 17. The Superintendent of Engines shall have superintendent a of Rn^ines, to under his charge the several Engine Houses, Fire l 1 a e v ^g? u 'f of Engines, Hydraulions and Hose, belonging to the ?•'■<*. &<=• c ° c - 1 belonging to ibe city, and all carriages, tools, apparatus and imple- amiL^ 8 further ments connected therewith ; he shall keep the same in complete order, so as always to be ready for im- mediate use ; he shall attend at Fires, and there in- spect from time to time, the several Engines, and remedy any defects, and make any repairs, which may appear, or be needed on the spot, when practi- cable ; he shall personally examine as soon after a fire as practicable all the said Engines and Hose, and the tools, apparatus and implements connected therewith ; repair all injuries and supply all losses which may have been sustained immediately, and when necessa 21 162 Salary of $G0O. ORDINANCES OF THE ry, report all material injuries requiring expensive repairs, to the Chairman of the Committee on En- gines of the Board of Fire Masters, who shall forth- with order such repairs to be made ; he shall cleanse, wash, oil, and grease the Fire Hose, as often as may be necessary, without any charge to the city, for the cost of labor, oil, or other materials, used in keeping the said Hose, except where repairs may be needed. It shall be his duty, to certify whether the work ordered by him has been well done, and whether the charge made for the same is reasonable, in writing on the face of the bills which shall be rendered for the same to the Board of Fire Masters. And it shall be his further duty to obey all such rules, regulations and orders which the City Council and the Board of Fire Masters, may from time to time enactor adopt. And that he shall receive for his services a salary of six hundred dollars per annum payable quarterly. Duty of the Clerk of the Board of Fire Masters. 18. It shall be the duty of the Clerk of the Board of Fire Masters, in addition to his present duties, to keep an office in the City, at which he shall attend during two hours of every day, (Sundays excepted,) the hour to be fixed by the Board of Fire Masters, for the purpose of receiving communications from and furnishing information to the city authorities, the Fire Masters, and the citizens generally, and to at- tend promptly to all communications requiring the action of the Board, or of either of its Standing Com- mittees or Officers, to keep an account in a book of all the buckets, hooks, ladders, ropes, and all other implements and articles whatsoever ; the account of CITY OF CHARLESTON. 163 which, he shall lay on the table of the Board of Fire Masters at every meeting of said Board ; to take care of said buckets, hooks, and other articles, and to re- port at each regular meeting of said Board, on their number, condition, and places of deposit ; it shall also be his duty with the aid of as many of the Carts of tl&e Superintendents of Streets, as may be necessary to collect the said buckets, hooks, ladders, ropes, &c. after every fire and return the same to their proper places of deposit, and immediately to report to the Chairman of the Board, any loss or injury, which may have been sustained in or of the said articles, and in case any of the said buckets, hooks, ladders, or implements, shall be lost or injured by the negli- gence of the said Clerk, he shall after due inquiry, and a fair hearing by and before the Board of Fire Masters, be charged with the value of the articles so .lost, or the sum or sums of money, which it may cost to repair such damage, and the amount with which he shall be thus charged, shall on the certificate of the Chairman of the said Board be deducted by the City Treasurer from his salary, and passed to the credit of the City. It shall also be his duty under the direction of the Board to publish in the city papers, during the first week of January, April, July, Topubiuhan and October, of each and every year, a brief abstract SlfTttkor „. ... . , . , . ,. r i dinancefor the of the regulations contained in this oidinance tor the management of O fires. management of Fires, and also the names of the officers and members of the Board, its Standing Committees, the office hours of the clerk, and the places of deposit of the apparatus belonging to the Fire Department; and also to furnish to Council, at 164 ORDINANCES OF THE the same time, quarterly reports of the number and condition of the Engines and articles belonging to the said department, including the last report of the Principal Engineer. Board of Fire 19. That the Board of Fire Masters shall have Masters authoriz- pend%r n dism!s3 P ower to fi ne > suspend or dismiss any of the officers by the Board, who shall h'dve been elected by the said Board, after a full and impartial hearing and trial shall have been given to such officer by the said Board at a meeting to be called for that purpose ; provided that the sus- pension or dismissal of such officer shall be approved and sanctioned by the City Council. „ ''■.. .5 And be it further ordained, by the authority Repugnant Ordi- ' J J s repealed, gf^ggg^ That all ordinances and parts of ordi- nances, and all rules or regulations of the Fire De- partment, repugnant to this ordinance, and the regu- lations herein ordained and established, be, and the same are hereby repealed. Ratified in City Council, this sixth day of August, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. I increase J. CITY OF CHARLESTON. 165 No. 50. Ratified, AN ORDINANCE To increase the rates of Pilotage. Be it ordained bi/ the Mayor and Aldermen of Rates of piiotag* Charleston in City Council assembled, and it is hereby ordained by the authority of the same, That from and after the first day of September next, the master, owner, or consignee of any ship or vessel, for the consideration of the Pilotage of the said ship or ves- sel, inwards to, or outwards from the port of Charles- ton, shall pay to the licensed Pilot, who shall take charge of the same, the several sums of money, rates and fees, respectively set forth in the followingfonships and Schedule, according to her draft of water, at the time of such pilotage, viz. For six feet water or under, $9 10 11 12 16 18 23 25 26 28 31 36 38 40 50 60 70- Vessels. Seven do Eight do Nine do Ten do Eleven do Twelve do Twelve and a half, do Thirteen do Thirteen and a half, do Fourteen do Fourteen and a half, do Fifteen do Fifteen and a half, do Sixteen do Sixteen and a half, do Seventeen do 166 ORDINANCES OF THE on steamboats. On Steamboats half the above rates, according to their respective draft of water. STncefrepeS & And be it further ordained, by the authority aforesaid, That all Ordinances and parts of Ordinan- ces repugnant hereto, be and the same is hereby repealed. Ratified in City Council this twelfth day of August, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Cowicil. No. 51. AN ORDINANCE Ratified To amend the Ordinance entitled an Ordinance to re- 12th August 1839. -^v"*-' gulate interments in the City Burial Ground, and to define the duties and powers of the Superintend- ent thereof. superintendent g e j( ordained bii the Mayor and Aldermen of of City Burial J J s clive double" the Charleston, in City Council assembled and it is hereby amount of feet, wetoforT ats ordained by the authority -of the same, That from and after the passing of this Ordinance, the Superin- tendent of the City Burial Ground, shall be entitled to receive double the amount of the fees and perqui- sites established by the tenth section of the Ordinance CITY OF CHARLESTON. 167 hereby amended for the interment of all white per- sons, slaves, and free persons of color, whose deaths shall occur within the corporate limits of the City of Charleston, which fees shall be paid by the person or persons respectively applying to him for the services attending such interment at the time of making appli- cation for the same. 2. And be it further ordained, by the authority Repugnant ordi- *.--•» • nances repealed. aforesaid, That all Ordinances and parts of Ordi- nances, repugnant hereto, be, and the same are hereby repealed. Ratified in City Council, this twelfth day of August, in the in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 52. AN ORDINANCE To prevent the throwing of mud, or any substance, or 19th * a li ^ ie39 matter of an offensive character, on the wharves, from the 1st day of May, to the 1st day of Novem- ber in every year, and for other purposes. 1. Be it ordained, by the Mayor and Aide) men of Charleston, in Ciiy Council assembled, and it is hereby 168 ORDINANCES OF THE Not in W fui to ordained by the authority of the same, That it shall throw any mud, ^ u J do'ckT^onYiiy not be lawful at any period between the first day of wharf, or wharf . „ . Ist'of Ma ee and' e -^ a y> anc * tne nrst °-ay °^ -November, m each and November. 1 ot every year, for any owner or owners, lessee or les- sees, tenant or occupant of any wharf or wharf lot, within the city, to throw, place, or carry, or cause or suffer to be thrown, placed or carried any mud or other substance, or matter of an offensive character, from any dock whatever, to or upon the side or sur- face of any such wharf or wharf lot, and if any owner or owners, lessee or lessees, tenant or occupant of any wharf or wharf lot within the city, shall at any time, after the first day of May, and before the first day of November, in each and every year, throw, place, or carry, or cause, or suffer to be thrown placed or carried any mud or any substance, or mat- ter of an offensive character, from any dock what- ever, to or upon the side or surface of any such wharf or wharf lot, such owner or owners, lessee or lessees tenant or occupant herein offending, shall forfeit and pay for each and every such offence a sum not ex- penaity. ceeding one hundred dollars. Not lawful to mi 2. And be it further ordained by the authority up any wharf, or mS&a'from aforesaid, That it shall not be lawful for any owner any docks, &c. 11, C or owners, lessee or lessees, tenant or occupant ot any wharf or wharf lot, to fill in or make up any wharf or wharf lot, in whole or in part, with any mud, or any substance or matter of an offensive character, thrown or taken from any of the docks within the city, and if any owner or owners, lessee or lessees of any wharf or wharf lot, shall, at any time CITY OF CHARLESTON. 169 hereafter, fill in or make up any wharf or wharf lot in whole or in part, with any mud, or any substance, or matter of an offensive character, thrown or taken from any of the docks within the city, such owner or owners, lessee or lessees, shall forfeit and pay for each and every such offence a sum not exceeding one hun- Penalty. dred dollars, 3. And be it further ordained, by the authority Fines when reco- r> . vered, &c aforesaid, That all fines and forfeitures incurred un- der this Ordinance, shall be recovered in the City Court, one half thereof for the use of the person who shall prosecute the offender to conviction, and the re- mainder to the use of the city. Ratified in City Council this nineteenth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 53. AN ORDINANCE To permit Trees to be planted in the streets under the Ratified, x t 26th Aug., JK9. restrictions therein provided. Whereas, the citizens of Charleston in many in- p ream bie. stances suffer great inconvenience in their residences and in their daily occupation from the want of Trees 22 170 ORDINANCES OF THE in the streets. And whereas, the planting of Trees in the streets by Council, would be attended with great expense. Lawful for the l. Be it ordained by the Mayor and Aldermen of owners and less- ** u tote,°to h pZt a"y Charleston, in City Council assembled, and it is hereby ti'PGs on the edffe of the pavement, ordained by the authority of the same, That it shall and (mulberry ex- * y u -' espied.) may be lawful for every owner or lessee of any House or Lot within the city, to plant, under the di- rection and superintendance of the Clerk of the Board of Streets and Lamps, who shall assign the distance and place thereof, any Tree or Trees, the Broussonetia Papyrifera, or commonly called Male Mulberry, species excepted, on the edge of any foot pavement, in any street, lane, alley, or open court, in front of any such house or lot, provided, that in the event of any such Tree, so planted, becoming at any time injurious to the pavement or side drain, in such street, lane, alley, or open court, being blown or I „ . . , thrown down, the said owner or owners, lessee or I Provision as to ' ' down, andle- lessees, shall immediately thereafter, cause the said planted. pavement to be repaired and Trees to be re-planted,. ; at his or their charge and expense, and on failure to 1 ! do so, within ten days after notification thereof by the Clerk of the Commissioners of Streets and Lamps** that the owner or owners, lessee or lessees, shall and will defray the charges and expenses of repairing andf re-placing the same, to be done under the order and direction of the Commissioners of Streets and Lamps, on demand to the Clerk of that Board. 2. And be it further ordained, by the authority CITY OF CHARLESTON. 171 aforesaid, That any owner or owners, lessee or lessees, Penalty for P iant- ^ ing the mulberry. of any house or lot, or any other person or persons whatsoever, who shall plant or cause to be planted in any street, lane, alley, or open court within the city, the Broussonetia Papynfera, or commonly called Male Mulberry tree, shall forfeit and pay for each and every such offence the sum of twenty dollars' and one dollar for every day during which such tree shall continue in the street after notice shall have been served upon such owner or lessee or lessees to remove it, by the Clerk of the Commissioners of Streets and Lamps. 3. And be it further ordained, by the authority Penalty for d es - aforesaid, That any person or persons, who shall wil- j"^ &c -' any fully break down, destroy, injure or remove any Tree or Trees, already planted, or hereafter to be planted conformably to this Ordinance, or any of the boxes which shall or may encompass them, in any street, lane, alley or open court, within the city, shall forfeit and pay, for each and every such offence the sum of twenty dollars, and if a slave or free person of color? shall receive such correction at the public Market or Work House as the Mayor may adjudge, unless the owner of such slave, or guardian of such free person of color, shall pay the fine attached to such offence, when committed by a white person, as herein directed. reco- vered. 4. And be it further ordained by the authority Fines how aforesaid, That all fines and forfeitures under this Ordinance, shall be recovered in the City Court, one 172 ORDINANCES OF THE half whereof, shall go to the use of the person who shall prosecute the offender to conviction, and the remainder to the use of the city. 5. And be it further ordained by the authority ances repealed, aforesaid, That all ordinances and parts of ordinan- ces, repugnant hereto, be, and the same is hereby repealed. Ratified in City Council this twenty sixth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 54. AN ORDINANCE 4th Nw fie i d 83» To amend the Ordinance regulating Retailers of Spir- v -* r ^^- / ituous Liquors, and for other purposes therein mentioned. Not more than 85 i. Be it ordained, by the Mayor and Aldermen of licenses for retail ? J J J iw s io nu b™'her^- Charleston in City Council assembled, and it is hereby any one year, and ordained by the authority of the same, That from and apportioned u o j ward"/ of the cit" after the passing of this Ordinance, there shall not be more than Eighty -five (85) Licenses for keeping re- tail shops numbered three, granted in any one year by the City Council, under the Ordinance ratified the twenty ninth day of November, Anno Domini Eighteen hundred and thirty six, entitled "an Ordinance regu- CITY OF CHARLESTON. 173 lating Retailers of Spirituous Liquors, and to prevent all unauthorized, dealing with Negroes and other per- sons of color," which licenses shall be assigned to each Ward of the City in the proportions following; — that is to say, in Ward No. 1, Twenty, (20) ; in Ward No. 2, Twenty, (20) ; in Ward No. 3, Twenty, (20) ; in Ward No. 4, Twenty-five, (25). One half of 0nc hair to be which number shall be granted in April, and one half ^" d ° ne ha ' f in O JT October, and to in October in each year. Provided, the persons to provSo? the -. 'nil ordinance of 1836. whom the same may be granted, enter into all the ob- ligations and comply with all the conditions (except as hereinafter modified) required in the said Ordi- nance, and the laws of the State, relating to retailers of spirituous liquors, and also shall be liable to all the penalties provided in the said Ordinance, for offences against the same: And provided also, that no license None t0 be grant _ shall be granted for the keeping of any retail shop ward of the wllC- ° r O J r emiineof East- situated to the Eastward of the Western line of East ^LSoT on I-, . -i • i p ci i t» South-Bay-street x>ay street, or on either side ol feouth Jtiay street. 2. And be it further ordained, by the authority •* •* How applications aforesaid, That every person desirous of obtaining a shan'be Tadl 3 license to keep a retail shop, numbered Three, shall apply in writing to the Clerk of Council at least ten days before the first of April or October, (as the case may be) mentioning the place where he, she or they intend to carry on such licensed trade, and accom- panying the application with a certificate from three or more respectable Free holders, inhabitants of the Ward in which such applicant resides, recommend- ing the applicant as a fit person to be entrusted with the said license, and offering to become his or her 174 ORDINANCES -OF THE surety : Provided, however, that no one shall sign more than one certificate, and that no such certificate shall be signed by any person possessed of, or applying for a license. And the Clerk of Council shall report to Council the names of all such applicants with the per- son who recommends them and whether such person be a Freeholder owning real estate to the amount of the Bond, hereinafter directed. Bond tobe given 3. And be it further ordained, by the authority with surety and " " o?. nditions the,e " aforesaid, That every person or persons to whom either the licenses aforesaid may be granted, shall, respectively, at the time for taking out the same, to- gether with the person by whom he, or ^he was recommended as aforesaid, give bond in the sum of three thousand dollars, wherein and whereby they shall jointly and severally obligate themselves to the City Council of Charleston, that the holder of the license will, in every respect comply with all the laws of the State respecting taverns, ale and punch-houses, and retailers of spirituous liquors, as far as they relate to the city of Charleston, and with all the City Ordi- nances now being or to be hereafter of force relative to the same, and that they will also be amenable for all fines, with costs, to be by him or them incurred, for any offence against the said laws or ordinances, or any of them. To pay sixty doi- 4. And be it further ordained, by the authority lars for license Ksigned" &c! aforesaid, That every person to whom a license, death to devolve numbered three, as aforesaid, may be granted, shall, on the lf-gal rep- " ° restive.. previously to taking the same out of the office, pay CITY OF CHARLESTON. 175 therefor, to the City Treasurer, the sum of sixty dol- lars, (as limited by the Act of the Legislature) and any license issuing without such payment, shall be null and void. And in no case whatever, shall any person who has obtained or shall hereafter obtain a license No. 3, have a right to transfer or assign the same to any other person, but in case of death, the license shall devolve on the legal representatives of the deceased, who had obtained it in his life as afore- said. 5. And be it further ordained by the authority Form of license p . •] rc\~\ l • ill rorai 01 license aforesaid, 1 hat every license numbered three as and by whom to be signed. aforesaid, shall be signed by any three of the Alder- men of the City, in the following form, that is : "This is to certify, that A. B., hath given bond to the City Council of Charleston, in the sum of three thousand dollars, with C. D. and E., his surety, for his due com- pliance with all the laws of the State, respecting ta- verns, public houses and relailers of spirituous liquors, as far as they relate to the City of Charleston, and with all the City Ordinances now being or hereafter to be of force, relative to the same, and has also entered into the recognizance to the State under the Act of 1835 ; Wherefore, the said A. B., is authorised to keep a shop in street, (or at the corner of as the case may be,) in Ward No. , and in no other place in the City of Charleston, from the ■ day of , in the vear of our Lord one thousand eight hun- dred and , to, and until the day of next ensuing, and no longer. Given under our hands this day of Anno Domini, 18 — , Aldermen. 176 ORDINANCES OF THE lion"f thelaws" <5- And be it further ordained, by the authority of the State or p . , _.. . . . city ordinances, atoresaid, 1 hat in every instance in which any person license to be for- * * L censetobe there" who shall hereafter obtain a license numbered three said person. (No. 3.) as aforesaid, shall be proven to the satisfaction of Council, to have violated any of the laws of the State, or Ordinances of the City, prohibiting traffick- ing with slaves, and the sale and delivery of spirituous liquors to slaves, the said license shall be declared forfeited by the City Council, for the unexpired term thereof, and shall thereupon, cease, determine, and be utterly null and void, and no license to retail spiritu- ous liquors shall, at any time thereafter, be granted to such person. Penalty for keep- ?■ And be it further ordained by the authority ing a tavern, &c, p . , rnl . p , ,, or retailing any atoresaid, 1 hat it any person or persons shall at any wint or spirit. •/ A X «/ withoutHce S nse. time presume to keep a tavern, inn, ordinary, punch or ale-house, or retail any wine, brandy, gin, beer, cider, or any spirituous liquor or strong drink what- ever, or sell any wines, malt or spirituous liquors, fo- reign or domestic, - either in stores, shops, houses, or on board of any vessel, at the wharves, in smaller quanti- ties than the original pipe, hogshead, cask, barrel, box, case or package, in which the same was imported in this city, without first having obtained a license of one of the three classes under the City Ordinances, autho- rising the keeping of such tavern, inn, ordinary, punch or ale-house, or the retailing such liquors, or selling any of the same in such prohibited quantities as afore- said, from the said City Council, every such person or persons shall forfeit and pay for each and every such offence, the sum of five hundred dollars, one third CITY OF CHARLESTON. 177 thereof for the use of the person who shall prosecute the offender to conviction, and the remainder for the use of the City. And in every such suit or prosecu- what sham,* evidence of such tion, proof of the fact of selling or retailing as afore- s eiiin g ,&c. said, in and upon the defendant's premises, shall be taken as sufficient evidence of its having been done by him or by his consent and direction, and in all cases of selling contrary hereto, the Act of the Clerk or Agent of any Shopkeeper, shall be considered as the act of the Shopkeeper himself, and done by his authority, unless the contrary shall clearly appear. 8. -And be it further ordained, by the authority Penalty on per - «' " sens having a li- aforesaid, That every person who shall hereafter ob- rretaiuhopfnuSE ,. c , ~. --w • 1 r* l ■ bered 3, who shall tain a license irom the City Council lorkeepm£ a re- sen wine or s P ir- ■' x o ltuous liquors at tail shop, numbered No. 3, as aforesaid, who shall sell pi^V&c? ° ne or retail any wine, malt, or spirituous liquor, at more than one place, or at another place than the one spe- cified in his, her or their license, or after the expira- tion of time for which such license is of force, or after the same shall be declared forfeited as afuresaid, or under a license granted to another person, or who shall, on his painted board, make a representation different from the tenor of his license granted, or who shall not, within three weeks after the time of his, her or their license hath expired, and in case of its not being renewed and duly obtained again, or within one week after the forfeiture of such license as aforesaid, take away his, her or their painted board, and remove it out, of sight, or shall, with the view of evading this Ordinance, charge any buyer with three gallons and upwards, though selling and delivering to such a buy- I 23 178 ORDINANCES OF THft er a smaller quantity of wine, malt, and spirituous liquors; or by any other expedient calculated to evade this ordinance ; that each and every such person shall for each and every such offence, forfeit and pay to the use of the City, a sum of five hundred dollars. And Sce S of"uch ev " m every such suit or prosecution, proof of the fact of selling or retailing as aforesaid, in and upon the de- fendant's premises, shall be taken as sufficient evi- dence of its having been done by him, or by his con- 1 - sent and direction, and in all cases of selling contrary to any of the provisions of this Ordinance, the act of the clerk or agent of any shop-keeper, shall be con- sidered as the act of the shop-keeper himself, and done by his authority, unless the contrary shall clearly Provision as to appear. Provided, nevertheless, that any person re- r«moval of per- A *■ s r , sp &c.!°i , n tides exposed for sale, not having a license from the wiihout having a City Council as aforesaid, in force to retail wine, Iiceuse to retail. J malt or spirituous liquors, shall be permitted to keep in suc]i shop any wine, malt or spirituous CITY OF CHARLESTON. 179 liquors in any quantity whatever, and if any' such wine, malt or spirituous liquors shall be found in any such shop, the owner and keeper thereof, shall forfeit and pay for every time whenthe same shall be so found as aforesaid, a sum not exceeding three hundred dollars, nor less than fifty dollars, in addition to such fine as may be imposed by law for retailing without a license. Recorder author- ized to order bail for penalties in- 10. And be it further ordained, by the authority aforesaid, That it shall be lawful for the recorder to em-red under this ordinance, order bail in all cases of penalties, incurred under this ordinance, under such rules and regulations as he may direct. 11. And be it further ordained, by the authority Marshals to en- ^ d force this Ordi- aforesaid, That it shall be the particular duty of the JSffiSi&a: Ml i C -i /~i- T i it era, and report to arsnals ot the L-ity to attend to the punctual and council, and iia- "' L ble lo be removed regular enforcement of this ordinance, and to prose- n r e ™ ec f 7th°is cute without delay, any and every person who may in any wise offend against the same or any part there- of, and report all violations thereof, which they may detect at the next meeting of Council thereafter. The Marshals shall be subject to removal from office, for not prosecuting and reporting to Council any person or persons, on knowing that such person or persons did offend against any part of this Ordinance. 12. And be it further ordained, by the authority ordinances re- pugnant hereto aforesaid, That all Ordinances and parts of Ordinan- ^SffAuSSH^ .1 • l • i i l committed prior ces repugnant to any thing herein contained be, and to the passing of 1 ° J ° this Ordinance. the same are hereby repealed, except so far as shall 180 ORDINANCES OF THE or may relate to any offence or offences committed against the same, prior to the passing of the present Ordinance, for which offences prosecutions shall be proceeded with, and penalties recovered in the same manner as if this Ordinance had never been passed. Ratified in City Council, this fourth day of November, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty -fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 55. AN ORDINANCE 4th Nov fie i d 839. To change the name of Pearl-street to Ilayne-street. Be it ordained, by the Mayor and Aldermen of Charleston, in City Covncil assembled and it is hereby Name of Pearl-st. 7-17 7 7 r mi r changed to ordained bit the authority of the same, TL hat from " Hayne-street." -' u j and after the passage of this Ordinance, the street now called Pearl-street, shall be hereafter known and designated by the name of Hayne-street. Ratified in City Council, this fourth day of November, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. CITY OF CHARLESTON. 181 No. 56. AN ORDINANCE To authorize the issue of Six per Cent. Stock, on the , A . *? tifie< ' •?■■*■ 14th Nov., 1839 faith of the Corporation of the City of Charleston. v-^n^s^ 1. Be it ordained, by the Mayor and Aldermen of sixpercent.stock *r ■' ^ to be issued, not Charleston, in City Council assembled, and it is he? eby (^"atJawe- . in twenty yearr. ordained by the authority of the same, That Six per Cent. Stock, obligatory on the Corporation of the City of Charleston, to an amount not exceeding one hundred thousand dollars, ($100,000,) redeemable in twenty years, be issued under the order and resolution of Council, from time to time, to such persons as may be willing to receive the same at par, bearing interest at the rate of six per cent, per annum, payable quar- terly. 2. And be it further ordained, by the authority certificate? to be aforesaid, That immediately after the issue or sale of of tnesan »- any portion or all of the said Stock, certificates for the same, duly authenticated by the City Seal and. signature of the Mayor, shall be made for the res- pective purchaser, in the manner and form as follows : Six per Cent. City Stock — Treasury Office of Charles- Formof.ertifi- ton, day of Anno Domini 183 . Be it Known, That there is due from the City Council of Charleston, unto or as- signs, the sum of dollars, bearing interest, at the rate of six per cent, per annum, from the day of Anno Domini 183 , payable quarterly, being stock created in pursuance of an Ordinance of cate. 1 182 ORDINANCES OF THE the City Council of Charleston, passed day of , in the year eighteen hundred and , en- titled, "An Ordinance authorizing the issue of Six per Cent. Stock, obligatory on the Corporation of the City of Charleston, redeemable in twenty years," from the date of this Certificate ; which debt is re- corded in, and transferable only at the office of the City Treasurer, by appearance in person or by at- torney, according to the rule and forms instituted for that purpose. certificates to be A nd that the said certificates, after they are made - J andde- ^l out, shall be examined by the Committee on Contracts, and by the said Committee delivered to the City Treasurer ; and said Committee shall report their proceedings, which report shall be signed by the City Treasurer, and recorded in the Council Journals : whereupon, the City Treasurer shall become account- able for the whole Stock issued under the authority of this Ordinance. That said Certificates shall be ready for delivery to the respective persons, entitled to receive the same, as soon as made out. examined and de- livered to Treasurer Transfers of Stock, how and when made. 3. And be it further ordained, by the authority aforesaid, That the City Treasurer shall appoint one day in each week, in which transfers of Certificates of said Stock shall be made, without any charge be- ing made therefor: provided, however, that should any holder of said Stock be desirous of effecting a transfer thereof on any day other than the day fixed aforesaid, in all such cases a transfer may be made, by paying the City Treasurer one dollar for each cer- tificate so issued. CITY OF CHARLESTON. 183 4. And be it further ordained, by the authority Transfers to be p • t rrn ii • 1 • i " bndorsed on cer ' aforesaid, 1 hat all persons wishing to make any trans- tificate*. fer of said Stock, shall endorse on the back of the certificate the amount which is to be transferred, and the person to whom the transfer is to be made, to which the name of the person transferring is to be affixed. ' 5. And be it further ordained, bv the authority " Further duty of aforesaid, That the City Treasurer, before he issues J e r r e ti g^ t e e r £- as to any new certificates, shall endorse on the back of the certificates the number and amount of cerlificates to be issued from the old certificates, and in whose fa- vor ; and when such statement shall be signed by the City Treasurer, and countersigned by the Mayor, such Certificates shall be deemed cancelled, and it then shall be filed for reference and examination in the office of the City Treasurer. That the City Treasurer shall make out new Certificates, agreeably to the statement endorsed on the old Certificate, taking receipts and making entries in the Transfer Book, in conformity to said receipts and statements. That said new Certificates shall be signed by the City Treasurer and countersigned by the Mayor. 6. And be it further ordained, by the authority aforesaid, That the Books of the said Stock shall be ^transfer! * 6 " 1 . made. What shut fifteen days before the quarterly dividend of in- {| 00 T s re t ° s ]jj: e r ept terest on the said Stock becomes due. That during the fifteen days no transfer of Stock shall be made. That the City Treasurer be required to keep separ- ate and distinct books and accounts for the receipts 184 ORDINANCES OF THE and payments of said stock, and that a sum not ex- ceeding one hundred and fifty dollars, be appropria- ted for defraying the expenses of the necessary Cer- tificates and Books. sinking Fund es- 7. And be. it further ordained, by the authority tabhshed and s 7 J 1. Be it ordained, by tlie Mayor and Aldermen of Charleston in City Council assembled, and it is hereby th'rL division'? lower, middle and ordained by the authority of the same, That for the ^pp^.^a «ty fVT_.' ^1/~1*.T 1' i 1 elected by council lighting the Oity Lamps, as now directed for each division. by Ordinance, the city shall be divided into three di- visions, the first or lower division to comprehend that part of the city lying South of a line to be drawn from Copper River along the South side of Queen-street, inclusively to Ashley River. The second or middle division to comprehend that part of the city lying North of a line to be drawn from Cooper River along the North side of Glueen-street inclusively, to the South side of Wentworth-street inclusively to Ashley River. The third or upper division to comprehend that part of the city lying North of a line to be drawn from Cooper River along the North side of Wentworth- street inclusively, to Ashley River, subject however, to such alterations as Council may at anytime hereafter, by Ordinance or resolution prescribe, with a view to the more equal or convenient division of the city. That one City Lamplighter shall be elected by Council in umTofeiaaio^ ti*m days after the ratification of this Ordinance for ,ch of the said divisions, to enter upon the duties of s office immediately upon such election, and to hold eir respective offices until the third Monday in Octo- 24 186 ORDINANCES OF THE ber next. And in- future, the said City Lamplighters shall be elected by Council in each and every year at the time appointed for the general election of City Officers, the term of whose office shall be for one year from the date of such election. 2. And be it further ordained, by the authority J)utiesofdefined - aforesaid, That the said City Lamplighters, so to be elected as aforesaid, shall, in their respective divisions, perform all the duties, be liable to all the penalties, and be in all respects subject to the same rules and regulations as are prescribed or provided for in any of the City Ordinances now existing in relation to lighting the City Lamps, except so far as the same may be modified by the present Ordinance. And To give security, each of the said Lamplighters shall,within three weeks after his election, give a bond with two securities, to be approved of by the City Council, in the penal sum of five thousand dollars, conditioned for the faithful performance of his duties, for the observance of all Ordinances in force at the time of his election, or shall hereafter be passed, defining his duties, and all regulations which may be adopted by Council. And if any person elected to either of the In case of default • 1 rr» 1 n C "1 . • 1 1 r> , .i ©nice declared v»- said omces shall tail to provide and perfect the se- curity above required within the time above limited, , the office of such person so in default, shall be and the same is hereby declared to be vacant, and the City Council shall proceed to another election to fill the vacancy at such time as they shall think proper. 3. And be it further ordained, by the authority CITY OF CHARLESTON. 187 aforesaid, That each of the said City Lamplighters, compenBathm, shall receive as a full compensation for lighting the City Lamps, and all Lamps hereafter lighted at the expense of the city, and for furnishing a sufficient quantity of winter strained Oil, and other materials therefor of the best quality, and also for supplying the City Institutions with the requisite quantity of the said Oil of the best quality, according to the regula- tions hereinafter prescribed, and for performing all the duties and services required under the existing Ordinances as aforesaid, a sum at the rate of eleven dollars per annum, for each and every Lamp so to be lighted in their respective divisions, to be paid quar- terly out of the City Treasury. 4. And be it further ordained, by the authority Kegu]at , ons „„ aforesaid, That in supplying the City Institutions with institutions whh the requisite quantity of Oil, the following regulations shall be adopted, viz: The Clerk of the Commissioners of Streets and Lamps, under the direction of the Mayor, shall make an arrangement with the said City Lamplighters for the supply of the said Institutions, so that as near as may be they may each furnish the said Institntions an equal quantity of oil. That a regular account shall pe kept of the quantity and cost of the Oil so furnished by each, which account shall be adjusted quarterly, so as to equal the charge to each Lamplighter for the supply of the said institutions with Oil. 5. And be it further ordained, by the authority afore- city lamp-iigtu CTi^JX'- 111 P t€tl said, That hereafter the City Lamplighters shall be ( j™ B r*p» w ' «/ Jr o ihe citj 1 1 exonerated from repairing the Lamps, and that a sep- &V*£L*? mr ' 188 ORDINANCES OF THE arate contract shall be entered into by Council after due advertisement, for the repairs of the City Lamps with some person other than either of the said City Lamplighters, and it shall be the duty of the said City Lamplighters to report to the Clerk of the Commis- sioners of Streets and Lamps, each and every Lamp or its fixtures which may from time to time become injiired or broken, in their respective divisions, in order that the same may, under the direction of the said Clerk, be forthwith replaced, and the defected Lamp repaired. And further, that each Lamplighter Penalty for not * x a O 'amps g ?cqui e ring sna ^ De subject to a penalty of ($5) five dollars, for each and every Lamp or its fixtures requiring repair, and which he shall have neglected to give notice of agreeably to the provisions of this Ordinance. Ratified in City Council, this fourteenth day of November, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Cleric of Council. ips requiring 'epair No. 58. AN ORDINANCE To regulate the measurement of Grain, Sfc. Ratified Be it ordained, by the Mayor and Aldermen of 30th Nov. 183a Charleston, in City Council assembled, and it is hereby CITY OF CHARLESTON. 189 ordained by the authority of the same, That from com, oats, peas , ... aodr othe grain, and after the passing of this Ordinance, it shall not be JE"J X he P Midor 1 p 1 p , n ,i . • disposed of, oth- iawtul ior any person or persons to sell or otherwise erwisethanby measurement at dispose of any Corn, Oats, Peas^ or other Grain, (Rice ^Mhrffbush- el measure of the excepted) within the limits of the citv in any other sWodard^capaci! 1 ' " . " J ly ; how to be manner than by the measurement of the same, at the » trickfcn > &c - time of the sale and disposal thereof, with an half bushel measure of the standard capacity, which shall be so filled in measuring, as to strike off not less than th.ree pints, and shall be so stricken with a straight strike rounded at the edges, of at least three quarters of an inch in thickness, and not less than four inches broad. And if any person or persons within the city, shall sell or otherwise dispose of any Corn, Oats, Peas» or other Grain, (Rice excepted) without having the same measured at the time of sale or disposal thereof, with an half bushel measure of the standard capacity, arranged in the manner herein before directed, every such person or persons herein offending, shall forfeit and pay a sum not exceeding $100, and if a free per- penalty. son of color or slave, shall be committed to the Guard House, and there be adjudged by the Mayor, to re- ceive such number of stripes at the Work House or public Market, as he may direct, unless the guardian of such free person of color, or owner of such slave so offending, shall pay such fine, but not less than twenty dollars, as may be determined by the Mayor. covered. 2. And be it further ordained, by the authority PenaUy how aforesaid, That all fines and penalties incurred under this Ordinance, shall be recovered by the City Coun- cil in the City Court, or other Courts having jurisdic- 190 ORDINANCES OF THE tion thereof, one half to the use of the person who shall prosecute the offender to conviction, and the remainder to the use of the city. Ratified in City Council, this twentieth day of November, in the year of our Lord one thousand eight hun- dred and thirty-nine, and in the sixty-fouith year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 59. AN ORDINANCE Ratified Tn re-organize the Work House Depa? tment, to establish 20th Nov., 1839. & ■* ' a mart for the public sale of slaves, and for other purposes. work-housetobe •"" ^ e & ordained by the Mayor and Aldermen of ra n e.i e t r and ff super- Charleston, in City Council assembled, and it is hereby intendence offive Selected by* t0 ordained by the authority of the same, That the govern- ment and superintendence of the Work House in Charleston, shall be committed to five Commissioners, who shall be annually elected by the City Council, on the third Monday in October, or at the next meeting of Council thereafter, and shall continue in office until the next annual election. And every person so elected, Penalty on person iiiir* z~i •• itip elected as com- who shall reiuse to serve as a Commissioner, shall lor- missioner who ser"e. refuse to feit and pay to the use oi the city the sum of forty dollars, provided that no person shall be obliged to serve more than one year in seven, and that none who has served, within tie last seven years shall be liable CITY OF CHARLESTON. 191 to the aforesaid fine on refusing to serve before the expiration of seven years, from the time of his former election. 2. The Commissioners of the Work House shall p ow -t -i • n .1 I work-bouse, and such rules, orders and regulations ior the internal the arrangement ° of a mart for the government thereof, and for the security and comfort sale of slav ^r of the persons therein confined, and for the due ar- rangement and management of the Mart for the sale of slaves hereinafter established, as they or a majority of them, may deem proper and expedient, and like- wise to direct such temporary repairs of the said Work House, as to them may appear necessary ; Provided however, that none of their rules, orders and regulations, shall be repugnant to this Ordinance, or shall if not contemplated in this Ordinance, become binding and of force, unless approved of by the City Council. And provided also, that they shall once at m 1 V To make report least, in every three months, make a report to the City toc,ty couac,u Council of the state of the Work House, of the repairs made at the same, and of the number of persons con- fined therein during the said term, specifying each slave as were confined in the same for three months and upwards. Council (o elect a master or 3. The City Council shall, on every third Monday CUy • >-v . 1 • * 1 P 1 elect U UDHCTG m October, or at their next meeting: thereafter, elect keeper of the ° uork-housean' a Master or Keeper of the Work House, who shall nual,y - remain in office until the next annual election, unless previously removed by a vote of Council. And every Master of the Work House shall, before he enters 192 ORDINANCES OF THE oath to betaken on the execution^of his office, take the following oath or affirmation in the presence of the City Council, to wit: "I, A. B., do .solemnly swear (or affirm) that I will well and faithfully execute the office of Master of the Work House in Charleston, agreeably to the regulations prescribed, or to be prescribed by the City Council concerning the same, and according to such ♦ orders and directions as shall be given me for that purpose by the Commissioners thereof; and that I will keep a fair and true account not only of all per- sons committed to the said Work House and the Slave Mart, noting the days of reception and dismission, together with the expences attending thejsame, but of all monies disbursed by me for the maintenance of such persons, and that I will once in every month make a just and true return of all monies received by me from the Work House and Mart, and pay the same over to the City Treasurer — So help me God." Pro- _ . . vided however, that in case of the death, resignation or Commissioners ' ' O po a rary a appot™- dismissal of a Master of the Work House, the Com- ment in c ise of . natiolf & h c. of s ' s " missioners thereof shall have power and authority to master, without i ■ •. 1 • • .1 requiring the make a tempprary appointment without requiring the oath. foregoing oath or affirmation of the person to whom they may give the charge of the Work House until the vacancy be regularly filled according to law. saiaryof the mas- 4. The Master of the Work House shall receive, / ter fixed at $3,500, . p 1 • • l r C ' 1 • ■jk. payable quarter- as a compensation tor his services, and tor turnismng / iy, and the income 1 ° woVhoSie tone! all attendants and servants, deemed requisite by the Commissioners of that house, the salary of three thou- sand five hundred dollars per annum, payable quar- terly; and all the income and profits derived from CITY OF CHARLESTON. 193 the subsistence and other charges on slaves and per- sons of color confined in the Work House, shall be payable to the City Council, for the use of the city as hereinafter provided for. 5. It shall be the duty of the Master of the Work Master to render tt i i /-(• /I -i in an account of all House, to render to the City Council on the first mo i^ r ^ eiv J ed > •/ onthe 1st Monday Monday of every month, a full and just account of all aL^ofmonuf ' " . , . . disbursed. monies received by him for the subsistance, dieting, correction and other charges, under the present ordi- nance on slaves and persons of color committed, lodged and detained in the Work House during each pre- ceding month, together with a correct statement of all monies disbursed by him for the support and mainte- nance of the slaves and persons of color confined there: which account and statement shall be certified for correctness by the Chairman of the Commissioners of the Work House : and the Master of the Work House, shall forthwith pay to the City Treasurer, the amount To pay over mo- *- •/ */ nies to the eity of monies in his hands, according to the said account treasurer ' and statement. And if the Master of the Work House shall refuse or neglect to render such monthly account and statement, or to pay to the City Treasurer the said money, he shall forfeit and pay for the use of the Penalty for ncg lect. city, the sum of one hundred dollars, to be assessed by a vote of Council, and deducted from his salary ; and for the second offence of the same kind, his office shall be vacated. 6. That the Master of the Work House, shall, within Master to give three weeks immediately succeeding his election, and !?£ y ? wi,h BCCU " before he enters on the duties of his office, give a bond 25 194 ORDINANCES OF THE to the City Council of Charleston, their successors and assigns, in the sum of five thousand dollars, con- ditioned for the due and faithful discharge of the duties of the said office, as now required, or hereafter to be required by law or ordinance of the City Council, which bond shall be executed by the said Master of the Work House elect, and two securities to be bound jointly and severally ; which bond shall, before the same is accepted, be approved of in writing by the Provision incase City Council. And if any person elected to the said bond. office, shall fail to provide and perfect the security required within the time specified by this ordinance, the office of the person so in default, shall be, and the same is hereby declared to be vacant, and the City Council shall proceed to another election, to. fill the vacancy at such time as they may think proper. r Master to keep a 7. The Master of the Work House shall keep a regular set of . . , book*, &c - fair and regular set of books, wherein he shall enter the time of commitment and detention of all slaves at the Work House and Mart, and discharge therefrom, together with an account of their labor and employ- ment ; and a correct statement of all expenses attend- ing the Work House and Mart, and of all the monies received by him for the same, and of all sums disbursed for the support and maintenance of the persons there- to be submitted in confined or admitted. It shall be the duty of the to the inspection • i -\ r i • 1 • i 1 V " • ■ PI of the Mayor, ai- said Master to submit his books to the inspection of the dermen, and com- teissioners. Mayor, the Aldermen of the city, and the Commis- sioners of the Work House, or any of them as often as it may be required : and likewise to furnish the said Commissioners once in every month, with an accurate- CITY OF CHARLESTON. 195 list of all slaves brought to the Work House, with to furnish a list of slaves oace in their owner's names, and the terms of their confine- 1™^™^™- ment — and of all other persons therein confined, spe cifying the period, causes and other circumstances of their respective confinement. All expenditures for supplies and other disbursements for the Work House or Mart, shall be ordered and procured under the direction of the Board of Commissioners, and shall be regularly vouched before the same, and on being found correct, shall be paid out of the receipts of the estab- lishment, and accounted for in the monthly statement of the Master to Council. 8. It shall be the duty of the Master of the „ J Duty of the mas- Work House to admit and confine in the same, all mL^n'lnb ^t cn it -1 • i'i i ii finement of slave* felav€s delivered into his charge and custody, by or- » the work - O *) J house. der or in behalf of their respective owners, or c.oixu- mitted by the Mayor or any Alderman =of the City, or committed by a State Magistrate, under some special act of the General Assembly, prescribing their confinement at the Work House. But State prison- As to State prig- ers, o.r other offenders against any law of this offenders! 1 other State, or of the United States, not committed by the Mayor or' by any Alderman of the City, or whose confinement in the Work House is not explicitly re- quired by an act of the Legislature of this State, or of Congress, the Master of the Work House may, at his option, either receive or not, subject to the discre-.- tion of the Commissioners, and for such of this der scription as he may receive, he shall charge the State. And the Master of the Work House shall be answer- Liability of ths 1 1 £ 11 C 1 1 v.- • .-i master for esj- able for all escapes pi persons received by him in the capes, 196 ORDINANCES OF THE Work House, if such escapes shall happen through his negligence, or through the negligence of any per- son employed by him : and he shall be liable to every owner of a slave thus escaping, for such damages as the owner of such slave shall sustain by reason of his or her escape, and also for the value of such slave, if the same be not apprehended within three months from the time of his or her so escaping. Duty of the mas- ter as to persons ^ 9. Whenever any person is committed to the Work co r mmitt°ed p to S the House by warrant, or order of the Mayor, or of any work-house by o7X n Mayo°r rd a e i- Alderman of the City, or of any State Magistrate, it tra™ eD ' nagls " shall be the duty of the Master of the Work House to detain such person so long, and to inflict or cause to be inflicted on him or her, such punishment as shall or may be directed by him or them, by whose au- thority such person was committed as aforesaid. But after the time for which such person was committed hath elapsed, and his or her punishment hath been duly sustained as aforesaid, the Master of the Work House shall discharge the same upon the receiving the lawful fees and charges, unless a longer detention of such person, being a slave, be required by his or her owner. And for every neglect or refusal to act in the premises as above directed, the Master of the Work House shall be liable to a fine of fifty dollars, to be adjudged by Council and deducted from his salary, as well as to removal from office, at the discretion of the City Council. 10. It shall be lawful to, and for any person or persons, to send his, her or their slave or slaves Fine for neglect. CITY OF CHARLESTON. 197 to the Work House aforesaid, to be there corrected owner* of slaves by whipping; but the Master of the Work House ' he »° rk ho <"* * x i o ' for correction in shall not inflict, or cause or suffer to be inflicted, on ^tTilu^ihaTso 1 1 lashes to be given any one slave more than twenty lashes at one and the at one time, nor " J more than two same time, nor more than two corrections in a week, ™eek? tICDS in a at intervals of at least three days between the first and second correction, any order or request from the owner of a slave, or from the agent or representative of such owner, to the contrary thereof, in any wise notwithstanding. 11. It shall be the duty of the Master of the Work several duty of " the master as to House, to keep the Work House and its appurtenan- kTepTngThewLk -._..'- - 1 1 house, and treat- ces at all times in a clean and descent state, to attend inent °< ^ in- mates. to the preservation of the health of all its residents, to provide under the direction of the Commissioners, wholesome and sufficient food and drink for every person there confined, to suffer no provisions or re- y freshments of any kind to be brought thither for slaves, unless it be agreeable to written directions from their respective owners or masters, or from the agent or representative of such owners or masters, and to fur- nish with necessary clothing or covering, all such as shall stand in need thereof, provided that the Com- missioners of the Work House shall direct the same. 12. In case of the sickness of a slave confined in Duty of the mas- [.the Work House, the Master shall give immediate no- ifcVnesToff , . , . „ , , , j slave confined in ■ tice to his or her owner, if such owner be known and tn« work-house, residing within the city of Charleston ; but if such owner neglects or refuses to give or procure Medical aid to such slave, or if the owner of such slave is not 198 ORDINANCES OF THE known, or resides without the limits of the city, then it shall be lawful for, and incumbent on the Master of the Work House, to make the situation of such negro known to one of the Commissioners of the Work House, and with his approbation to call for the assis- tance of the Physician of the Work House, who is hereby directed to attend every such slave in his or her sickness, and to charge the expense thereof against the owner. Master or the 13. The Master of the Work House shall employ work-house to L •/ to , ubor an aii k n e ^ a nt l keep to labor, all negroes and persons of color groes and persons . , , -ttt ^ tt 1 1 pt eoior commit- committed to the VY ork House, except those who may ted to the work- A " .t b h°o U se e 'incapab]e he incapable of working through sickness or bodily from sic.kiiess,J Poundage - ter of the Work House, for, or on account of a Slave,* 200 ORDINANCES OF THE a rateable percentage of five in the hundred, upon proving by proper vouchers and receipts, the respec- tive advances made by him aforesaid. The Master of the Work House shall be authorized to make a special contract under the regulation of the Board of Commissioners when large gangs of Negroes are introduced. slave not to he I ne Master of the Work House shall discharge no dischirseJ until ~, • 1 l i P l 1 C fees are paid. blave until the above tees, charges and expenses tor such Slaves shall be paid, and he shall be charged in the monthly settlement of the account with the fees, charges and expenses due for every Slave discharged by him within the preceding month. _ t , ;.■ 15. If a slave is kept at the Work House for three Fees to be paid at l months' °connn e e ! months, the master thereof shall demand and receive ment of sluve. r> i • i c l irom his or her owner, or from the agent or represen- tative of such owner, full payment of all fees, charges and expenses, due to the end of the said term, for or on account of such slave, and in like manner at the Fees increased end of every three months thereafter. But for each nftpr PAniinpmpnt v and every day that any slave shall, by order or with the knowledge of his or her owner, or of the agent or representative of such owner, be kept at the Work House after the expiration of the first three months ? the master of the Work House shall charge and de- mand the additional 'sum of six and a quarter cents, which sum shall be further increased in the same pro- portion for each succeeding term of three months while any such slave is kept at the Work House, and if a slave be taken out of the Work House, by his or her owner, or by the agent or representative of such after confinement three months CITY OF CHARLESTON. 201 owner after the expiration of three months, and by him, her or them again committed to the Work House within nine months after being first taken out as afore- said, and then detained longer th m four weeks from such re-commitment, the master shall charge and de- mand the aforesaid additional sum or sums, as if such slaves had not been taken out in the intermediate - time. I 6. If the master of the Work House sh ill demand penalty on mas. -in i • -i n i tei '< for taking or take irom any person or persons, higher fees and greater fees than v l l c allowed by this charges than as above allowed, he shall, on conviction ordinance - thereof before the City Court, forfeit and pay for each and every such offence, the sum of one hundred dol- lars, to which the person or persons from whom he demanded or took any higher fee or charge, shall be respectively entitled : and he shall moreover be liable to removal from office, at the discretion of City Coun- cil. 17. The Master of the Work House shall detain in Funherprovwon ,. , , . ■ l 11 f 1 as to the payment his care andcustodv every slave, uirUl all lees, charges offees.twd, when " ° slave may be sold and expenses, due for or on account of such slave, be t0 » ,aythcm - fully paid to the said master; and if the owner of a slave, or the agent or representatives of such owner, having brought or s:mt such slave lo the Work House, or having obtained information of the confinement of such slave at the same, shall not take such slave out of the Work House, at the end of nine months from the day of his or her confinement, paying the full amount of all fees, charges and expenses ihen due for or on account of the same as aforesaid, the master of 26 202 ORDINANCES OF THE the Work House shall thereupon have such slave sold for cash at public auction, by the City Sheriff, in order to recover the amount of balance due for on account of such slave, as aforesaid, to the city. T , .. . 18. The master of the Work House shall admit i o 3lmi! and Biaves,'aniven to them bv the Ur- dinanee of the City in lieu of the Corporal Punish- ment thereby imposed at their discretion, to order the offender or offenders against such Ordinances to labor upon the Tread Mill, or in any other work con- sistent with the regulations of the Commissioners, for any time that may be deemed sufficient as a suit- able punish men t for any such crime or offence which he, she. or they may have committed. And the Mas- Master to employ nVroVaTd" S^ter of the Work House shall keep and employ to EODsofcoIor.com-, . i TXT-ii i 1 i initted as va- labor on the Irea'.l Mill under such regulations as grants, fugitive ° shall be made by the Commissioners, ah negroes and persons of color committed to the Work House as va- grants, fugitive slaves, or otherwise, excepting such as may be incapable of working through sickness or bodily infirmity, or who may be exempted from work- ing by the Commissioners o! the House or any two of them, and exempting such slaves and persons of color as may be committed for safe custody and not for punishment. Commissioners t'ip work house t ragulaie labor on ° o f 21. It shall be the duty of the Commissioners of l^treadmiu! 111 the Work House, and they are hereby empowered so to regulate the proportion of working and resting per- sons with the velocity of the wheel of the Tread Mill, that a due degree of individual labor may, at all times, be steadily maintained ; and for this purpose the Commissioners shall make such orders for the management or government of the wheel as to them shall seem tit and proper. And it shall be lawful to CITY OF CHARLESTON. 205 and for any person to send their slaves to labor on the owners of slaves „, I, -. ... _ may send them to J read Jmli upon paving lor the same such sum as labor on me tread 1 1 *• O mill. shall be fixed, from time to time, by the Commission- ers, with the approbation of Council. 22. A building of such description, plan and ar- A buiMing direct- ed to be construct- rangements, as Council may determine, shall be con- f/.'J;^" **',£* ^ structed within the enclosure of the lot attached to us«i asT^rtfor \ ^ ' the sale of a 1 the Work House, which shall be established as a Mart 25?t$wS tLe i 1 • l • i • n i -i ,!• auction, except or exclusive place within the city, lor the sale, at public sales by sheriff's and masters and auction, or outcry, of all slaves other than at Sheriff's ^™^ oners in sale, and upon the completion of the said building, it shall be publicly notified by advertisement, three times published in the city newspapers, that from and after a certain day to be specified in such advertisement the said Mart shall be opened for the reception of all slaves, to be offered or exposed for sale at public auc- tion; and from and alter the day specified in the said advertisen est, if any Broker, Auctioneer, or other person or persons whatsoever, shall expose or offer for sale, or sell any she. e <>r slaves in any of the streets, lanes., alleys, or open courts ill the city, or on any lot, enclosure, open space, house or building, or in any place within the limits of the citv, other than at the said Mart, so established as aforesaid, such Auctioneer, Broker, or other person or persons herein offending, shall forfeit and pay for each slave so exposed for sale, or sold contrary to the provisions of this ordi- nance, the sum of five hundred dollars, provided that Penalty for sen 'I\ ing eUeuhere. nothing contained in this section shall extend to sheriff's sales, or sales made by the Master or Com- missioners in Equity. 205 ORDINANCES OF THE penalty for ex- 23. That f rom and after the completion of the said po-ing or exhibi- tiu- any *i a ve for Mart so robe established and announced bv public • ue at any other » I advertisement, as aforesaid, if any Broker, Auctioneer, or other person or persons, shall exhibit, display, or expose, or permit or cause to be exhibited, displayed, or exposed in any street, lane, alley or open court, or at or near the door of any house, store, office or other place, or in any lot, inelosure or building within the corporate limits, other than the said mast, any slave or slaves, with the intent, purpose or design of offering such slave or slaves at public or private sale, such Broker, Auctioneer, or other person or persons herein offending, shall forfeit and pay for each slave so ex- hibited, displayed or exposed contrary to the provi- sions of this section, the sum of Five Hundred Dol- lars. suve man to be 24. The said Mart shall be } repared and fitted up fitted up &c, as . . . council may d 4 . W ith such accommodations ior the reception and sale r»ct, and tone un- v I ten r de , nceof P the" of slaves as the City Council shall direct, and shall lie master of the * . , ' • • " _ ' n work house and placed under the superintendence of the Master of the direction of i a ^e cc.mm.sMon- ^^ \y or k House, as a portion of the duties to be dis- charged by him in consideration of the compensation hereinbefore provided for that office. And the said Mart shall be subject to the direction and government of the Commissioners of the Work House. Provided that all their rules and regulations relating to the said Mart, shall be under the control of the City Council for confirmation, rescinding or rejection. There shall be paid to the use of the city for each slave received and admitted to the said Mart, for the purpose of sale iid»d? "'* ' or for safe keeping, such sum as Council shall hereaf- CITY OF CHARLESTON. 207 ter prescribe by resolution or ordinance, which sum shall be demanded and recovered by the Master of the Work House, and inserted by him in his monthly statements to Council, and forthwith paid over by him to the City Treasurer. 25. It shall not be lawful for any person or persons to institute or establish any building, lot or enclosure &!L tobe'eftX' lished wihin the witnin the city, as a house or place for the reception ^iu?n &.l. r Vr i r l '\ r 1 "•■'/» slaies for safe or accommodation or the slaves or other parties, tor keeping. correc- tion, or sale. entertainment, safe -keeping, correction or sale. And if any person or persons shall institute or establish any such building, lot or enclosure for the purpose afore- said, or shall admit or receive into the same, any slave or slaves belonging to any person or persons, he or they herein offending shall forfeit and pay for each slave so admitted or received into such building lot or inclosure, for any purpose contrary to the pro- visions of this section, forfeit and pay the sum of five hundred dollars. 26. It shall not be lawful for the Master of the Master of the Work House, or any one in bis employment in said jrJeVanTsUve. II II I , except at public nstitution, to buy or sell anv slave or slaves, excent auction iu the '' " m '. * mart. at public auction or outcry, in the Mart, and for any improper dealing, or false pretences, he shall, upon in- vestigation, be dismissed from his office, and Council shall proceed to a new election. 27. That all fines, penalties and forfeitures incurred FioesaBd „,,. under this Ordinance, shall be recovered by the City ^S^L**' Council in the City Court, except as herein otherwise WTor **- 208 ORDINANCES OF THE directed, one half of which shall be for the use of the person who shall prosecute the offender to conviction, and the residue for the use of the city. Auction sales at 28. That. ;ill auction sales which shah take place at m in to lie aclver- 1 the Mart shall be first advertised at least three times, in one or more ot the public papers. Repugnant onji- 29. All Ord i nances and parts; of Ordinances repuo-- n inses repe led. I to uai'it beret >.be, ai d the same are hereh 1 repealed. Ranhed ii CJ i r \ ( 'omicil, 1 1 s i ■■■ >< I i f : iln-v ii Nn'ii mi riif "\ va\ of our Lord, one ihoiirfainl eight liu - dred and tbirly-nine, and in the sixty-foui h year oi American Independence. HKNttY L. PINT!: NT Y. J , By llie M.iyor. Joh.n R. Kog, us, CierJc of- Council. No. 60. AN ORDINANCE Rat I fie. siandarl ; ^a- ard, were established as lawful measures. It is there- tents of cubic i-i inches in each, f ore hereby declared, that agreeably to the said and in a quart J ' O J *iare P d. nt ' standard for dry measures, a bushel contains (2150 4-10) two thousand one hundred and fifty and four- tenths cubic inches; a half bushel contains (1075 2-10) one thousand and seventy-five and two-tenths cubic inches ; a peck contains (537 6-10) five hun- dred and thirty-seven and six-tenths cubic inches ; and a half peck contains (268 8-10) two hundred and sixty-eight and eight- tenths cubic inches ; also, a quart contains (67 2-10) sixty-seven and two-tenths cubic inches ; and a pint contains (33 6-10) thirty-three and six tenths cubic inches. And it is further de- wine measure clared, that the Wine measure gallon used for cora- gall jn.qu;irt f pint, content? of d si "' mer cial purposes in this city, ought to contain (231) two hundred and thirty-one cubic inches ; the quart (57 3-4) fifty-seven and three-fourths cubic inches; the pint (28 9-10) twenty-eight and nine-tenths cubic inches; the half pint (14 4-10) fourteen and four- tenths cubic inches, and the giil (7 2-10) seven and two-tenths cubic inches. Weights how 4. And be it further ordained, by the authority re^ e ufa h ted^and of aforesaid , That agreeably to the aforementioned Act what denomiua- . . . tions. passed by the .Legislature, all weights used in this city for commercial purposes, except for weighing gold or silver, shall be regulated by the Avoirdupois standard, and that the said weights shall be of the following CITY OF CHARLESTON. 211 denominations and no other, that is to say: weights of fifty pounds, twenty-five pounds; fourteen pounds, seven pounds; four pounds, two pounds; one pound, half a pound ; quarter of. a pound, two ounces, and one ounce and downwards. All grain and other Dry measure, what thai) he sold commodities, and articles sold in this city by dry mea- by - sure, shall be sold agreeably to the standard measures for dry measures herein before expressed and des- cribed ; and wines, spirituous liquor, and all liquids 11 x Wine measure, sold in this city, shall be measured agreeably to the ^ atshallb e« oW standard of Wine measures herein before mentioned. 5. And be it further ordained, bv the authority Quarter peck, to " " be used as a mea- aforesaid, That the quarter ppck shall be, and is '-JJJJ,, 1 XeHlZi? hereby authorized and established, as a measure to be used in the sale of grain and all other commodities and articles sold by dry measure, and shall be of half the contents or capacity of the half peck herein before mentioned and declared. 6. And be it further ordained, by the authority of what materi- r> • l mi l in C . als weights and aforesaid, That the standard measures oi extension, measures shaii be 7 made, yard mea- weight and capacity, herein before mentioned and st a r m ped. be described, shall always be made of brass or copper. All weights used by individuals for commercial pur- poses in this city, shall be made of iron or brass; and all yard measures used in this city for commercial purposes, shall be stamped at both ends in the manner herein after described. 7. And be it further ordained, by the authority aforesaid, That the Commissioners of the Market shall 212 ORDINANCES OF THE commissioners of h a ve under their government, examination and con- tne market to o government and r trol, all measures of extension, all Avoirdupois control all mea- ... , suresbfext-.il- weights, scales, beams and balances, used for Colli- sion, avoirdupois <~> 7 ^Lf &c., e and mercial purposes within the city, and all measures of all measures of capacity, &c. capacity used in the city for measuring grain and other articles sold by dry measure, and for measuring wine, spirituous liquors, and all liquids sold by wine mea- sure, which shall be regulated and adjusted under their direction, agreeably to the standards herein commissioners to before declared. The Commissioners of the Market establish an ouice rfwef ? i?S e ttea- shall establish an office for the inspection, adjustment, and regulation of weights and measures, scales and balances, at the Market, or such other convenient place as shall be appointed by them and approved by - Council. The name of the said office, that is to say, office to hr called " Inspection of Weights and Measures," shall be fixed " Inspection of c ^r andmea -over the door thereof, and the same shall be kept open as a public office, at such time and at such hours, as the said Commissioners, bv the rules and regulations shall appoint. The standard measures of n^asWeshot extension, dry measures, wine or liquid measures, furnished. ill • i r> also, the brass weights of the Avoirdupois standard, belonging to the city, shall be deposited in the said offiec, which shall be furnished with the ba- lances, scales, stamps, and every other apparatus required for the due adjustment and regulation of weights, measures, scales and balances. The Com- missi; mers shall, from time to time, as may be found expedient, cause the said standard measures and weights to be examined, adjusted and regulated, agreeably lo the standard herein before declared and expressed. One of the assistant Clerks of the Mar- Commissioivrs to examine weights and measures. CITY OF CHARLESTON. 213 ket, to be designated by the said Commissioners and o ns of the assis- the City Officers herein after mentioned, shall be the market to be the «/ executive officer Officer to enforce and execute, with or under the LnersX™i!e~-n- r>i/^i •• f* l tijT * i i • ( " orcR1 "ciit of this direction ol the Commissioners of the Market, this oidu.^ce. ordinance and all resolutions of Council relative to the weights and measures. The Commissioners of commissioners to C nx. the fees nf the the Market shall, with the approbation of Council, fix loWap^Hed. * the fees that shall be required at the said office, by the Clerk above mentioned, for regulating, stamping and adjusting weights, measures, scales, beams and balances. The fees for stamping, shall belong to the City; the charges for regulating and adjusting, shall be the perquisites of the Clerk. Wcig-hts and 8. And be it further ordained, by the authority S^SdSS^ c- ■ i mi n - • l i amined every aforesaid, 1 hat all vard-sticks, or other measures ol three mouth., extension, used for commercial purposes in this city, all liquid measures, dry measures, and all scales, beams, balances and weights, used for the same pur- poses, (including such scales, beams, balances and weights as are used at the public scale houses on the wharves,) shall be examined, inspected and regulated, at least once in every three months, and also, when- ever it may be deemed proper by the Commissioners of the Market, or by their said assistant Clerk, agree- ably to their rules and regulations, and if required, accompanied by one or more of the City Marshals as may be found necessary ; and all scales, beams, balances and weights, used at the public sca^e houses on the wharves of the city, shall be inspected, exa- mined and regulated by the said Commissioners, or by their Clerk, and with Marshals, as above express- 214 ORDINANCES OF THE ed, at least once in every three months, and also, whenever it may be required by resolution of Council. No measures to 9. And be it further ordained, by the authority be used for com- c • I rni I 11 l 1 • 1 merciai purposes, aloresaid, 1 hat no measure shall be used in the city for measuring v ^'liquids S soid for commercial purposes, and for measuring wine, by wine measure . . . . . . _ i t i ttT - that i< not of the spirituous liquors, or any liquids sold by Wine raea- standurd capacity L l J \ J ed, d &c. be stamp " sure, that is not of the standard capacity herein before declared. And every such measure shall be stamped at the upper edge and at the bottom, with the stamp used at the said Office of Inspection of Weights and Measures. And every person who shall use any such measure for commercial purposes, either not of the standard capacity, or not stamped as aforesaid, or who being a retailer or vender of wine or spirituous liquors, or any liquid sold by wine measure, shall have Penai for usin- m his or her possession any such measure, either not clmereiaipr- of the standard capacity, or not stamped, shall, for poses ; and on re- ofwihTOTspfrit- eac h au d every such measure found deficient or not 'h°«vin| q any other stamped, and for every such offence, forfeit a sum not in his possession. '' exceeding fifty dollars. Provided, that the penalty and forfeiture recovered in one action, shall not exceed one hundred dollars. No dry measure 10. And be it further ordained, by the authority to be use; I for commercial pur- aforesaid, That no dry measure shall be used for pos-s, except or ' J the standard • i i r ' i, capacity and to commercial purposes, and lor measuring gram, salt, be stamped. and other commodities and articles sold in the city by dry measures, that is not of the legal standard capa- city: and every such measure shall be stamped at the upper edge and at the bottom with the stamp used at the said office of Inspection of Weights and Mea- CITY OF CHARLESTON. 215 sures. And every person who shall use any such dry measure for commercial purposes, either not of the standard capacity, or not stamped as aioresaid, or who being a retailer or vender of any article or com- modity usually offered for sale by dry measure, shall have in his or her possession any such measure, either Pen r]tvfor usiDg „ "II* If a "y other for not oi the standard capacity, or not stamped as atore- commercial P ur- 1 '' ■*• poses : and on re- ' said, shall for each and every such measure found £t£i^7o^b y of aencient or not stamped, and tor every such otlence, having any other 1 •' iu his pos-essicn. forfeit and pay a sum not exceeding fifty dollars. Provided, that the penalty and forfeiture recovered in one action, shall not exceed one hundred dollars. 11. And be it further ordained, by the authority No yard-stick & c . aforesaid, That no yard-stick, or other measure ofp"^"^ lni , . . . . p ., standard leugth extension, shall be used in this city tor commercial and stamped, purposes that is not of the standard length, and stamped at both ends with the stamp used at the office of the said Inspection of Weights and Measures, and every person who shall use any such measure either not of the standard length, or not stamped as afore- said, or who being a retailer or vender of goods, wares . and merchandise usually sold by measurement, shall have in his or her possession any yard -stick, or other measure of extension, either not of standard length, or not stamped as aforesaid, shall for each and every such ****$** u * in e J. . ■ * J any other; and on measure found deficient, or not stamped, and for every of t pood S or soi e d n by ~\t . measurement, for such offence, forfeit and pay a sum not exceeding fifty £hJ*j!£J£K dollars. And every shop, or store-keeper, or other person selling goods, wares, or merchandise in the city, by yard or other measure of extension, shall keep in his or her possession, at his or her shop, or 216 ORDINANCES OF THE Every shop or place of business, at least one yard-stick of the stand- store keeper, or * • Hugpood^by " e! " ai 'd length, and stamped on both ends, and each and yard &c. to keen 11111 • 1 • r at his shop &c. at everv person alluded to herein, neglecting or rerusino- least one yard - l * ° ° dardie f ngt"; S pen- to keep a yard-stick in his or her possession, as hereby alty for neglect. I 1. 11 r LI II'- 1 required, snail for each and every day during such neglect or refusal, forfeit and pay the sum of fifty dol- lars. No mode or measurement other than by yard- Nom0deofmeas . stick, or other detached measure of extension of the thanV yard standard length, and stamped as aforesaid, shall be stick &c. of the . a i?o n ve'i d to e bl th used for commercial purposes, by any shop or store- used, under p(=n- , , , .. . aity of $50. keeper, or other person or persons selling goods, wares and merchandise, by measurement, under the penalty of fifty dollars. No weights to be 12. And be it further ordained, by the authority Used for cominer- which U areu e o S t aforesaid, That no weight, or weights, shall be used agreeable to the • i • r» - l 1 avoirdupois s t.nn- m the city lor commercial purposes, that are not dard before de- br a a7s d or n 1rou°Ld agreeably to the Avoirdupois standard herein before declared, and made of iron or brass, and stamped on the metal used for filling up and supplying any deficiency which may be found on the adjusting the same, or on such other parts of the weight as may be convenient, with the stamp used at the office of the Inspection of Weights and Measures. Provided, that when any iron weight cannot be stamped, a certificate of its accuracy shall be given by the said assistant Clerk of the Market charged with the department of weights ; which certificate shall be produced at all in- spection of weights and measures. And every person who shall use for commercial purposes any weight or weights not made of iron or brass, or not agreeably to the said standard, or not stamped or certified as CITY OF CHARLESTON. 217 aforesaid, shall, for each and every weight not made of iron or brass, or found deficient, or not stamped as aforesaid, forfeit a sum not exceeding fifty dollars. p em , Kyforusing » -i t • -, -, p -, any other; and And every person beina- a retailer or vender ot goods, on retailer or ven- " x ° O • ' (] er f jroods sold wares and merchandise, usually offered for sale by hayTng g any f other . i ■. . ,, ■. , . i . , . in his possession. weight, who shall have in his or her possession at his or her store, shop, or place of business, any weight or weights not made of iron or brass, or not agreeabry to the said Avoirdupois standard, or not stamped or cer- tified as aforesaid, shall, for each and every such weight, and for every such offence, forfeit a sum not exceeding fifty dollars. Provided, that the penalty and forfeiture recovered in any one action, shall not exceed one hundred dollars. 13. And be it further ordained, by the authority Wei hts and aforesaid, That it shall be the duty of the Commis- de\To7not h c~on n •» ir ' t ***i i -i /» 1 formable to the sioners of the Market, or the said Clerk, and of the ordinance, may ' ' be seized liy the City Officers that may accompany them at all inspec- anHestroyed. tions of weights and measures, or either of them, to seize, take away, and declare forfeited, every dry measure, or liquid measure, or any weight or weights found by them to be contrary to the said standard, or not stamped, or not conformable in every respect to the provisions of this Ordinance; and every measure, though stamped as aforesaid, that shall be found dented, or flattened, or so defaced, as to alter its capacity, and not capable of giving true measure, shall be deemed and considered as deficient, and therefore forfeited, and the person or persons- who used the same, shall be liable to the penalty and forfeiture provided in this Ordinance ; and all yard, or other measures of exten- 28 218 ORDINANCES OF THE sion, found as aforesaid, at any inspection of weights and measures, to be deficient, shall be destroyed. And every such measure of extension, though stamped as aforesaid, that shall be rounded or cut after stamp- ing, at either end, or bent, or twisted, so as not to give true measure, shall be considered as deficient, and the person who used the same shall be liable to the pen- alty and forfeiture before mentioned in this Ordi- nance. weights brought 14. And be it further ordained, bv the authority to the office of in- " ° amfned n aifd b ad e - x " aforesaid, That whenever any weight or weights shall capable of ad- be brought to the said office of inspection to be exa- ju-tment, shnllbe ° A f D d 5awe a of aa- inined and adjusted, the said clerk, agreeably to the forfeited' aud re- rules and regulations of their Board, shall determine tained, &c. » ' as to the practicability of the adjustment required, and should the weight or weights be found so defec- ts o tive as to be incapable of adjustment in the manner prescribed by the said rules and regulations, the same shall be deemed and considered as forfeited, and shall be retained at the said office, but the person or persons who presented the same shall be subject to no penalty; and should the weight or weights presented as aforesaid, be found not agreeably to the standard, but capable of adjustment, the said clerk shall cause the same to be adjusted, and the stamp of the office shall be put on the metal used for filling up and sup- plying the deficiency : the said weight or weights shall then be delivered to the person who shall have presented them for examination, on payment being made of the fees required at the office, and of all charges and expenses incurred, and the person afore- CITY OF CHARLESTON. 219 said shall be subject to no penalty. Whenever any measure of extension or capacity shall be presented at the office of inspection of weights and measures to be examined and stamped, the said clerk shall com- pare the same with the other standard, and should the measure be correct, the same shall be stamped. But should the measure be found below the standard, the same shall be considered as a false measure, and therefore forfeited, and shall be retained at the said office. 15. And be it further ordained, by the authority Wejo . heru on aforesaid, That before any person shall undertake to or at P aVp«biS ' scale?, to take an weigh, and to transact the business of a weigher, upon MthUefowonebf O ' & ' r the commission- any wharf, or at any other place within the City, e where there are public scales, he shall take the fol- lowing oath or affirmation, before one of the Com- missioners of the Market, to wit : "I, A. B., do solemnly swear (or affirm) that while oath, the public scales at the wharf or other place, at pres- ent known by the name of shall be under my charge, I will from time to time, and at all times, adjust and regulate by the City standard, according to law, the said scales and all weights in use upon the wharf, or at the place aforesaid, and that I will always do impartial justice between buyer and seller, In the weighing of produce and any other commodity upon the said wharf or place, while the same shall be under my care and management, so help me God." And the Commissioner or Commissioners before certificate to i> uiven. whom such an oath or affirmation shall be taken, shall thereupon give such person a certificate thereof. — 220 ORDINANCES OF THE And every person who shall weigh at any wharf or place where there are public scales, without having previously taken the oath or affirmation required as aforesaid, shall forfeit and pay to the use of the City, r e for'not taking the sum of fifty dollars. Provided, that nothing Penalty on weigh- er for in the oath. herein contained, shall extend, or be construed to ex- tend, to oblige any person who has already been sworn to the effect and for the purpose aforesaid, to take again such oath or affirmation. False and fraudu- 16. And be it further ordained, bv the authority lent scales,beams, ' •> " fo\comme 1 xi"r d aforesaid, That every false and fraudulent scale, found i>, 'the pos- beam or balance, used within the Citv for commerci- session of any " tf good°&ft, llder a! purposes, or any scale, beam or balance, rendered and forfeited, false and fraudulent by the addition of any substance whatever, which shall be used within the City for commercial purposes, or be found in possession of any retailer or vender of any article or commodity at his or her shop, store, or place of business, shall be forfeited and seized by the Commissioners of the Market, or by their said Clerk, or by the City Offi- cers who may accompany them in the inspection of Weights and Measures : and every person who shall use for commercial purposes such false or fraudulent scale, beam or balance, or any scale, beam or balance rendered false or fraudulent by the addition of any substance whatever, shall forfeit for each and every penalty for using such offence, a sum not less than fifty dollars, nor such ialse scale, v ' more than one hundred dollars. And every person being a retailer or vender of any article or commo- dity, in whose possession at his or her store, shop or place of business, any such false or fraudulent scale, &c CITY OF CHARLESTON. 221 beam or balance shall be found, or any scale, beam or balance, rendered false or fraudulent by the addition of any substance thereto, shall, for each and every such offence, forfeit a sum not -less than fifty dollars, nor more than one hundred dollars. Provided, that er or vender of goods &c for no person shall be liable to a penalty who shall bring ^elsfon. hinhia a set of scales, beams or balances to be examined at the office of Inspection of Weights and Measures, and which shall prove incorrect and false, but the same shall be forfeited and retained at the office. 17. And be it further ordained, by the authority Hav . a , n 'J «/ nol to be d fodder be sold un- less weighed at of the same, That Hay, and other sorts of fodder, someone scales: penalty. shall not be sold in the city, unless the same be weighed at some public scale within the city, and if any person having Hay, or other fodder, for sale, shall neglect to have the same weighed, as aforesaid, he shall forfeit and pay to the use of the city a sum not exceeding one hundred dollars. No steel-yard shall steelyard not to . be used, and peu- De used tor weighing any article, or commodity, ex- aty for using posed or offered for sale in the city. And should any person use, or attempt to use, any steel-yard for the purpose aforesaid, it shall be the duty of the Com- missioner of the Market, or the said Clerk, or the City Officer who may accompany them, to seize the same as forfeited, and the person offending therein shall, in every case, be subject to a fine not exceeding one hundred dollars. And that not less than one pound, , n . , . ... Not less than one or more than five pounds, each time, (at the discretion P eund . " or »»« >- ' ' V- than five pounds, of the sworn weigher,) shall be deducted for each and eacVt^^e . or plunk in every every hoop, and each and every stave or plank, in ^ e "^d|| eof every bale or package of Hay or fodder. 222 ORDINANCES OF THE Thecitfmttr- 18. And be it further ordained, by the authority shiils to aid the ' J J X m ™ • rr', h ,i" e of the same, The City Marshals appointed for the enforcement of . _ this ordinance,- different v\ ards of the Citv be, and they are hereby penalty for not ~j ' J J declared, the proper Officers to aid and - assist the Commissioners of the Market and their said Clerk, in the e xecution of the ir dutv in the enforcement of this Ordinance. And the said Commissioners are hereby empowered to call the said officers to their assistance whenever, in the opinion of the Board, there is a necessity for so doing ; and in case any of the City Marshals shall neglect to obey the order of the said Board, when extended to him by their said Clerk, he shall be considered as having neglected his duty, and his conduct shall be reported to Council, and he Penalty for oppo- *■ loners SfThT" 8 " shall be liable to a fine not exceeding fifty dollars, to market, clerk, tr . . 1l/"i •! ill ^ p l ■ i marshau in the be imposed bv Council, and deducted trom his salary. execution of their * ■-. " " duty ' If any person shall abuse, oppose, obstruct, or other- wise molest the said Commissioners of the Market, their said Clerk, the City Marshals, or either or any of them, in or on account of the execution of their dutv in the enforcement of this Ordinance, each and everv such person shall, for every offence, forfeit and pay to the use of the City, a sum not exceeding one hundred dollars, if the offender be a white person or free person of color, but if a slave, he or she shall be committed to the Work House, and receive such cor- poral punishment as the Mayor may adjudge. Any slave using false weights, 19. And be it further ordained, by the authority •,■„.,.,. res. &c., to aforesaid, That in all cases, where any weiaht or be committed to ^ and corrected! 6 measure contrary to standard and this Ordinance, or payliuc. "' any false scale, beam or balance, shall be found in the CITY OF CHARLESTON. 223 possession of any slave, who shall be using the same in the market when selling, or measuring, or weighing any article or commodity exposed or offered for sale, as now allowed by law, the said weights, scales, beams, balances or measures, shall be seized ; the owner or person having control of said slaves shall be informed thereof, and the said slave shall be committed to the Work House by the said Commissioner, or Clerk, or either of them, there to receive a correction not ex- ceeding twenty lashes, unless the said owner or person having control of the said slave shall joay to the said Commissioner or Clerk, the sum of ten dollars. Pro- vided, however, that should satisfactory proof be of- fered, or information be given to the said Commission- ers, or it be discovered by them that the said slave was acting agreeably to the orders of his or her owner, if s i ave acted . " r» 1 i -i agreeably to the or person having charge of such slave, m that case, 0,derofhiso l wn - I ~ O ' er, owner to be the said owner or person having the control of the said penaitie^pre 6 - scribed by this slave, shall be considered as having transgressed in ordinailce - the premises, and shall be subject to all the penalties and forfeitures expressed in this Ordinance, and shall be prosecuted accordingly. 20. And be it further ordained, by the authority t,- 1 J J Fines and penal of the same, That all fines, forfeitures and penalties, for sueVfiTr *Zi&t4 . i . covered ; how ap- offences against this Ordinance, or any part or article piied - thereof, shall, on information being given by the said Commissioners, or either of them, or by their said Clerk, or by the City Officers acting with them, or by their direction to the City Attorney, be sued in the name of the City Council of Charleston, agninst all white persons and free persons of color offending 224 ORDINANCES OF THE therein, to be recovered in the City Court of Charles- ton. And the said fines, forfeitures and penalties, and every part thereof when recovered, shall be received by or.ler of the said Commissioners, or their Clerk agreeably to their rules and regulations, but the same are hereby declared to be for the use of the City Council, to be accounted for by the §aid Commission- ers of the Market in their 23eriodical Reports to the City Treasurer. * Every owner or 21. And be it further ordained, by the authority Keener of a retail * J *J ^cffe^at^Vain aforesaid, That every » person being the owner, or &c, -ire offered for sale, to keep a keeper of a retail grocery shop, or store, where meat, complete f et i>f 1 O J i> ' ' weights and men- • o .1 ."• i -\ nr> -\ c =. 1; es of iheiav.- grain, lruit or other articles, are exposed or ottered lor- ful standard. sale; whether he or she have a license from the City \ Council or not, shall at all times, keep and have in such shop or store, a complete set of weights and mea- set of weights, sures, of the standard herein before declared. The set of weights to consist of a — twenty-five pounds, fourteen pounds, seven pounds, four pounds, two pounds, one pound, half pound, quarter pound, two ounces, one ounce, and half ounce-weight, of the sui t e°. 1 " luormea " Avoirdupois standard. The set of liquor measures, et of drv mica to consist of a gallon, half gallon, quart, pint, half pint, and gill. The set of dry measures, to con- sist of a half bushel, peck, half peck, quarter peck, quart and pint. And every such person being the owner or keeper of such a retail grocery shop, or store, who shall, or may refuse or neglect to present and deliver any of the said weights or measures to the Commissioners of the Market, or their said Clerk, or the City Marshal who may accompany them there- g sures CITY OF CHARLESTON. 225 to, demanded by either of them, on their visits of in- Penalty for not ■r presenting and spection of weights and measures as herein before ^dv^uwl directed, shall forfeit and pay for each and every commissioners, * L J J their clerk or the such offence a sum not exceeding one hundred wte^uS'd. dollars. 22. And be it further ordained, by the authority A11 , , V «/ All former ordi- aforesaid, That all former Ordinances and parts of "oTeTghuand on . measures repeal- Urdinances, regulating weights and measures, be and e ^ exce P tasto ' o o o ' offences comniit- the same are hereby repealed, except so far as shall pls^oflL 6 m ordinance. or may relate to any offence or offences committed against the same prior to the passing of the present Ordinance, for which offences prosecutions shall be proceeded with, and penalties recovered, in the same manner as if this Ordinance had never been passed. Ratified in City Council, this twentieth day of November, in the year of our Lord one thousand eight hun- dred and thirty -nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 61. AN ORDINANCE To amend an Ordinance entitled, " An Ordinance for the regulation of Negroes, and free persons of color, 13th Dec.!i839. on the East and South Bay Batteries, and for other purposes" ratified on the 13th of July, 1838. 29 226 ORDINANCES OF THE Be it ordained, by the Mayor and Aldermen of the City of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That from and afterthe passing of this Ordinance, the tenth "fordinancf of section of an Ordinance, entitled "an Ordinance for July : 1838,altered . and amended, the regulation ol Negroes and iree persons ot color, on the East and South Bay Batteries, and for other pur- poses," ratified on the 13th day of July, 1838, be, and the same is hereby altered and amended, to read as SbJ™do?driSn follows : No person or persons shall ride, lead, or drive within the White i i l i -.i • .1 1 Point Garden, any horse or horses, mule or mules, withm the enclo- sure of the White Point Garden, under a penalty of five dollars for every such offence, if committed by a white person, to be recovered in the City Court, the amount of the fine to be given to the informer ; or, such corporal punishment, if committed by a negro, or pei son of color, as the Mayor may think proper to direct ; and the owner, or owners of horse or horses, mule or mules, found within the enclosure of the said Garden, shall be liable to the above penalty. Nopersonstoiead 2. And be it further ordained, by the authority or drive any cows . . the'wnitePoLt a l° resai d, I hat no person or persons shall lead, or drive any cow or cows, hog or hogs, within the enclo- sure of the White Point Garden, under a penalty of five dollars for every such offence, if committed by a white person, to be recovered in the City Court, the amount of the fine to be given to the informer; or such cor- poral punishment, if committed by a negro or person of color, as the Mayor may think proper to direct ; and the owner or owners, of any cow or cows, hog the White Point Garden. CITY OF CHARLESTON. 227 or hogs, found within the enclosure of the said Garden, shall be liable to the above penalty. Ratified in City Council this thirteenth day of December, in the ye^tr of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of Ame- rican Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. No. 62. AN ORDINANCE To alter and amend an Ordinance ratified the 14th „ . a , u Ratified November, 1839, to authorize the issue of six per 16th Dec - 1839 - cent. Stock, on the faith of the Corporation of the City of Charleston. Be it ordained, by the Mayor and Aldermen of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That so much so much of ordi. •^ •* . ■/ ' nance of! 4th of the first clause of an Ordinance ratified the 14th p^wKhe 3 sa ie .November, 1839, to authorize the issue of 6 per cent. P ar > repealed. Stock, on the faith of the Corporation of the City of Charleston, as prohibits the sale of the said Stock below par, be, and the same is hereby repealed. 2. And be it further ordained, by the authority Repugnantordi , C ' 1 mi n t i . f 1* nances repealed. aforesaid, J. hat all ordinances, and parts or ordinan- 228 ORDINANCES OF THE ces, repugnant to this ordinance be, and the same are hereby repealed. Ratified in City Council this sixteenth day of December, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. Ratified 16th Dec. 1?39. No. 63. AN ORDINANCE To repeal an Ordinance ratified the 4th March, 1839, to prohibit Shavings, Straw, or other combustibles, from being placed on the Streets. . Be it ordained, by the Mayor and Aldermen of the City of Charleston, in City Council assembled, and it is hereby ordained by the authority of the same, That an Ordinance of 4th Sed 1839, re ~ Ordinance ratified the 4th March, L839, to prohibit Shavings, Straw, or other combustibles, from being placed ho the Streets be, and the same is hereby repealed. Ratified in City Council this sixteenth day of December, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of American Independence. HENRY L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. CITY OF CHARLESTON. 229 No. 64. AN ORDINANCE r To alter and amend the Ordinances regulating; R.etail- ,, * ati £ e * cJ . £3 del March, lfe40\ ers - same tax. sale, whether on their own account or on account of others, or by any person under their sanction, is hereby declared liable to the aforesaid tax of twenty cents on every hundred dollars of the amount of such sales respectively, and all goods, wares and merchan- dise, sold by Vendue Masters, though not actually sold at public outcry, shall be considered as sold at private sale, and shall be included in the return re- quired to be made as aforesaid, to the City Enquirer 286 ORDINANCES OF THE and Assessor, agreeably to the true intent and meaning of this Ordinance. o "ever^iKwtf ' ^' ^ nat ^ an y person or persons selling or dis- the value of stock ■ n i 1 IT • J l*^l in trade, for fail- posing oi goods, wares and merchandise, within the ure to make re- . • turns, or for erro- cl ty as aforesaid, and who is reauired by this ordi- neous return. «/ ' x J nance to make a return of the amount of sales thereof, shall fail or neglect to make such return at the time and in the manner herein prescribed ; or if any per- son or persons shall, in any return to be made as aforesaid, omit the amount of any sale made by him or them as aforesaid ; or shall, by a false return pre- vent a full taxation, to which such sale or sales, if duly and fairly returned, would have been liable, every such person or persons shall be liable to a tax of one hundred cents on every hundred dollars, on the value of stock in trade held or possessed by him, her or them, between the first day of April, 1839, and the first day of April, 1840, inclusive, to be assessed by the City Enquirer and Assessor. incomes taxed so 5. That all profit or income, arising from the pur- cents on every $l0 °- suit of any faculty, profession or occupation, trade or employment, (except those hereinafter excepted) whether in the profession of the law, the profits to be derived from the cost of suits, counsel fees, or other sources of professional income, and on the amount of commission received by Vendue Masters, or other persons vending goods, wares, and' merchandise, or real and personal property on commission, shall be liable to a tax of fifty cents on every hundred dol- Exceptions. l ars : Provided, however, that nothing herein con- CITY OF CHARLESTON. 237 tained shall be so construed as to subject to taxation the profit or income of any mechanic, arising from the particular trade he pursues ; or the salaries of, the Judges, and other public officers exempt from taxa- tion, or not taxed by the Legislature of the State ; or salaries of the clergy ; or the profit or income of schoolmasters, or other teachers employed in the education of youth, arising from such employment; or the salary of any minor : neither shall the tax hereby imposed upon carriages, apply to such carts drays, or hackney carriages, as ply or are employed for hire, by virtue of licenses obtained from the City Treasurer : and provided that no tax shall be imposed on any building used for public worship, or the lots on which they are erected, or burial grounds con- nected therewith; buildings and premises actually occupied as places of meeting, by religious, charita- ble, or literar v societies. 6. That every slave, within the city, under 12 slaves under 12 r 1 n 1 1 • "c t ii years of age. years or age, shall be sumect to a tax 01 one dollar |li!"'" over 13 > ■'•Or to pay the e saMe e ' city to carry on their daily business, shall be liable to tax on sales and ' , " incomes, as resi- t ne sa me tax on the amount of their sales of goods. dents. C 1 » wares and merchandize, within the city, and on their income derived from the business carried on within the city, as is imposed by this Ordinance on persons residing therein, which tax shall be returned, collect- ed, and inforced in like manner as is herein provided for in other cases. Licenses for om- 1 5. That the following sums shall hereafter be paid nibuses, h-jck, P i • 111 carriage, &c. lor licenses and badges: For every Omnibus with four wheels, let, used, or driven for hire, the sum of forty dollars. License for vehi- ex- hihitin? horses CITY OF CHARLESTON. 243 For every hack and carriage, with four wheels, let, used, or driven for hire, thirty dollars. For every Carriage with two wheels, so used, fif- teen dollars. For every Cart, or Wagon, drawn by two horses, fifteen dollars. For every Cart, or Wagon, drawn by one horse, ten dollars. For every Dray, drawn by two horses, fifteen dollars. For every Dray, drawn by one horse, ten dollars. For every kind of vehicle, or carriage, used for exhibiting horses for sale, fifty dollars. Provided, He used for That the license hereby required, shall not be con- forsale - strued in any manner, to permit the breaking of horses within the limits of the city, contrary to the Ordinance prohibiting such practices. And it shall be the duty of the City Marshals, to report all viola- tions of law, by the owners or drivers of such vehicles. And in case any person or persons shall let, drive for hire, any cart, wagon or dray, or other carriage, with- • in the city, without having paid for, and obtained a license therefor, from the City Treasurer, conformably to this section, he or they shall forfeit and pay the sura of one hundred dollars, for each and every such p ena ityfor ro ^ • 1 r*\~ r~\ i -„ driving, for hire, otience ; to be recovered m the City Court, one half °r letting any * vehicle without for the use of the person who shall prosecute the llcense • offender to conviction, and the remainder to the use of the city. And it shall be the duty of the Marshals to report all violations of this clause, by the owners or drivers of such vehicles. For each ticket or badge, to be obtained from the 244 ORDINANCES OF THE Badges for ser- vants. Non-resident owners to pay- double. City Treasurer, for any slave, male or female, to be employed on hire out of their respective houses or families, the following sums, viz : — For every handicraft tradesman, seven dollars. For every carter, drayman, porter, or day laborer,, four dollars. For every fisherman, four dollars. For every fisher-woman, two dollars. For every house-servant, or washerwoman, two dollars. For every seller of fruits, or cakes, or any article not prohibited, five dollars. And licenses or badges taken out by persons resid- ing without the limits of the city, shall be charged double the above amounts. Every slave 16. That every slave brought into the city for sale, Jk/fctelfrSS f rom beyond the limits of the State, shall be subject to a tax of three dollars. Every horse or mule, brought into the city for sale, from beyond the limits of the beyond the limits , ■ of the state, sub- a tax oi three dollars. Every horse or mule, brought ject to a tax of $3 — every horse or mule so * State, shall be subject to a tax of one dollar; and it shall sor in relation thereto, ^uifer^nd'asses"- be tne duty °f t ^ e City Enquirer and Assessor, to as- certain the number of all such slaves, horses, and mules, and to assess the said tax, on the owners, or persons in possession of such slaves, horses and mules, for the purpose of sale, and hand over such assessment to the City Treasurer, who shall forthwith give notice to the said owners or persons in possession, to make payment of the said tax, and on failure to do so, the City Treasu- rer shall issue an execution for the amount of the said tax, and lodge the same with the City Sheriff, who shall immediately proceed for the collection of the CITY OF CHARLESTON. 245 same in the manner hereinafter provided for the en- forcement of tax executions. 17. That no slave or free person of color, shall be no slave or free * person of color permitted to keep any dog in the City of Charleston, tokee P ado »- under the penalty of five dollars for every such offence; and every slave or free person of color charged with keeping any dog or dogs, contrary to this ordinance, shall be brought before the Mayor, or the presiding Alderman at the Police Court, and on failing to pay such fine shall be committed to the Woik House for a p en aity. pe'iod not exceeding one week, or flogged, not ex- ceeding/twenty lashes, at the discretion of the Mayor or presiding Alderman as aforesaid ; and any slave or free person of color residing on any lot where no white person resides, shall be deemed and taken to be the keeper of any dog found on the premises, unless he or she can show who is the owner and keeper of the f h v ^ e b D e ce what same; and any white person residing" on any lot where slaves, or persons of color also reside, shall be deemed and taken to be the owner and keeper of any dog found on the premises, unless he or she, when called upon for that purpose, shall show who is the owner and keeper of the same. 18. That on every dog kept by a white person, or no ? s v P t by 1 • • 1 l ni -l r ^ 1 i white persons On his premises, there shall be paid a tax of three dol- taxed $3, to be *■ J- returned in tax lars to the city ; and any dog or dogs kept as afore- retl " us ' said, shall be included in the tax returned of the owner or keeper thereof, or the head of the family or keeper of the house, where such dog is kept or har- bored. And on the payment of the said tax, the owner or keeper of such dog or doos, shall be entitled to re- 30d 246 ORDINANCES OF THE ceive from the City Treasurer a license for such dog" When allowed to ^ ° go at ia.ge. or ( ] g S j g a t large for one year. Provided, a collar shall be constantly worn by such dog, having the name of the owner legibly written, stamped, or engraved thereon; and Provided also, that if at any time it shall be deemed unsafe to permit dogs to go at large, it shall be the duty of the Mayor to issue a proclama- tion forbidding the same. And any dog found going at large, after -such notice and until such proclamation shall be revoked, shall be killed, and the keeper or owner thereof, shall be moreover liable to a fine of ten dollars. And any dog found in any lot or going at When liable to be 7 . 7 killed. large, contrary to this ordinance may be lawfully killed. Any person keeping a dog contrary to this ordinance, shall be liable to a fine of ten dollars, for every such offence; and for failing to make a return of every dog liable to taxation, the owner or keeper there- of shall be liable to a double tax, as in other cases. 19. That the following oath, in addition to the oaths Oitb to be taken ° dogs! atu,n t0 now prescribed by Law, shall be taken by all persons making a return of taxable property in the city, viz: " And I, A, B., do further swear, that there is no dng kept by me, or on my premises :" to which shall be added the following, where a dog or dogs may have been returned, " except such as have been duly re- turned, — so help me God." And it is hereby ordained, that any dog brought into the city, shall be immediate- ly reported to the City Treasurer and the tax paid, a license taken out for the remainder of the year, un- der a penalty of ten dollars, on the owner or keeper of said dog, or the person on whose premises the said dog ' CITY OF CHARLESTON. 247 may be found : and any dog at any time found in the city, shall be deemed and taken to be kept there- in, and liable to the tax aforesaid. 20. That in addition to the permission of Council, g hows , exMbi . . . tio.is, &c, tax on, required by the ordinances concerning amusements, b-side oi.tm.ing J- J ° permission of passed on the twenty-eighth day of October, in L h e cityc0UDCil - year of our Lord one thousand eight hundred and one, it shall be necessary for any person applying for leave to act, represent, or exhibit any of the exercises, or shows therein described, first to pay to the City Treasury, for Theatrical entertainments, two hundred dollars ; for Circus exercises, one hundred dollars ; for all other exhibitions for public amusement, not more than fifty dollars, nor less than twenty dollars, to be determined by Council, on granting their permission: and any person or persons, who shall within the city, act, represent, perform, or exhibit, or cause to be act- ed, represented, performed or exhibited, any species of Theatrical entertainment, or any amusement of any kind described in the ordinance above referred to, without permission of the Citv Council first had and obtained, and under such rules and regulations as they may think proper to establish, and without payment of the sum herein prescribed for such license, shall forfeit and pay for each and every such offence, a sum not exceeding five hundred dollars, nor less than Penalty for ex. ~ limiting (fee, one hundred dollars, to be recovered in the City Court, ^onandpayT' 8 one half thereof for the use of the person who shall prosecute the offender to conviction, and the other moiety to the use of the city. And it shall be the duty of the Marshals to enforce this provision, and to tax. 248 ORDINANCES OF THE report to Council, the names of the offenders against the same. Tax returns to be 21. That anv person owning or possessing any made on or nefore J v o J. O •/ the ist of Apni. p r0 p ert y li aD ] e to the payment of a City Tax, as afore- said, as well as on his own account, or as executor, administrator, guardian, trustee, attorney, agent, or otherwise : having the charge or management of any taxable property within the city, or of any person de- ceased, absent, or under age, or otherwise, shall, on or before the 21st day of April, in the present year, deliver a true and just return of all such property with a correct description of lands and tenants, the numbers, situation, and dimensions thereof, and also the"n umber of wells and pumps, with their condition, to the City Inquirer and Assessor, at his office, and then and there to take the following oath — "I, A. B.> do solemnly swear, (or affirm, as the case may be,) that the return which I now give in, contains a just and true account, and correct representation of all the real, lease hold, and personal estate subject to taxation, which, on the 1st dav of January, in the present year, was or were in my possession for or on my account, or on account of any other person or per- sons whomsoever, either as executor, administrator, guardian, trustee, attorney, agent, or otherwise ; and that no more of said property than is represented, is in any wise belonging to any person or persons resident in a foreign country. — So help me God." And every person taking such oaths, shall subscribe the same on each return, made by him or her, and de- liver them to the City Inquirer and Assessor. And no return shall be received from any one, of the pro- Oath CITY OF CHARLESTON. 249 perty of another person, except as aforesaid, in the character of executor, administrator, guardian, trustee, attorney, or agent, unless the same be sworn to by such person before the City Inquirer and Assessor? or a Magistrate duly qualified to administer such oaths. 22. That each and every Vendue Master, shall, in Additional oath : to be taken by addition to the oath prescribed by the preceding sec- venduemast ° rs - tion, take the following oath — "I, A. B., do solemnly swear, (or affirm, as the case may be) that the return I now give in, contains a just and true account of all commissions received bv me (or the concern of which I am a co-partner) on goods, wares and merchandize, sold by me (or my house) at private sale — So help me God." Information to be ales ne- groes, since 23. That it shall be the duty of every taxable in- habitant of this city, who shall, since the first day of V/unalSd, J. . , -, 1 grnes, since anuary, in the past year, nave sold any lands or ne- January last. groes liable to the City Tax, to give information there- of at the time of making such return, and the name of the person to whom sold, to the City Inquirer and Assessor. 24. That it shall be the dutv of the City Inquirer „. «/ J X Citv assessors to and Assessor, to inquire of every person making a tax ^ a L"T c '. ry as return, whether he or she, or the person they may represent, have sold any taxable property since the last return da} 7 , and he shall enter the same in a book to be kept for that purpose, with the name of the per- son to whom such sales have been made, and shall take the proper measures to collect the taxes on all such property. 250 ORDINANCES OF THE Double tax for 25. That anv person being the owner, or havinsr want of return, or ./ J. ■ O <- return? defective the charge of, or holding any taxable property within the city as aforesaid, and who is required by this Or- dinance to make a return thereof, on failure or neg- lect to make such a return at the time, and in the manner prescribed; or if any person shall, in any re- turn to be made as aforesaid, omit any house, building lot or wharf, landed or lease-hold estate, slave or slaves, coach or other carriage, horse or horses, pro- fits, income, or other property liable for a tax as afore- said, or shall, by a false return, prevent a full assess- ment, to which such property, if duly and fairly re- turned would have been liable, every such person • shall, in every such case be doubly taxed. Taxes, when to 26. That all assessments made on real leasehold, be paid. or personal property, sales and income, rendered taxable under this Ordinance, (except as herein be- fore otherwise provided) shall be paid to the City Treasurer, at his office, on or before the 2d day of June, in the present year ; and if any person shall Incase of failure n •■■ ■■ l • l 11 to pay, execution fail or nesiect to pay his or her assessment, when due to issue, how en- - forced. as aforesaid, an execution shall forthwith be issued against any goods or chattels, to such persons be- longing, and the same shall be seized and publicly sold by the City Sheriff, and so much deducted from the amount of such sale or sales as may be requisite to pay the amount of such assessment, and other legal charges; and the overplus, if any be left, shall be paid to the person whose goods and chattels have been so seized and sold, or to such other person as may have lawful claim thereto ; but if no goods or CITY OF CHARLESTON. 251 chattels can be found, belonging to any such person ? or if such as have been found be insufficient to de- fray the whole amount of the assessment and charges, the Sheriff shall levy upon, and sell at public auction, any of the landed or lease hold property of such person, within the limits of the city, on a lease not exceeding five years, for the purpose of discharging what maybe due as aforesaid, and shall, dispose of the surplus, if any be left, in the same manner as above directed. And if any person failing, or neg- If noproperlyj , , . -, 1111 execution to i.-sue lecting to pay his or her assessment, should have against the body, neither landed nor leasehold property, nor goods and chatties, within the city, or if the proceeds of the sales of such as may belong to him or her, should not be adequate to the full payment of what is due by him or her, as aforesaid, then the Citv Sheriff shall take out an execution against the body of such per- son, and commit the same to the Jail of Charleston District, there to be detained until full payment be made, or until discharged according to law. 27. That everv inhabitant of this State, owning or country resident* " to make returns possessing any taxable property within the City, but JuJe.^dVa'j- by • i • i i'ii i tue 21st of July. residing therein at no other time than between the months of June and November, or residing altogether in the country, shall be at I'berty to make his or her return on or before the 20th day of June, in the pre- sent year, and to pav his or her assessment on or before the 21st day of July next ensuing, subiecb however, to the regulations and penalties herein before prescribed and imposed in every other respect, except as to the time of making returns, and paying 252 ORDINANCES OF THE such assessments ; and with the foregoing exceptions,, in point of time, the City Enquirer and Assessor, the City Treasurer, and City Sheriff, shall be bound to observe, in regard to every such person, the same rules and proceedings respectively; as above pre- scribed in other cases. Residence for 28. That every inhabitant of this State, residing three months in J rtitnteS inhabi- within the City for three months in the year, shall tant of the city. •i-i"-ii be considered and deemed an inhabitant thereof, and all such of his or her personal property, held, pos- sessed, used, or enjoyed in the City, as may come under the description of taxable property, specified in the Ordinance, shall be liable to assessment, and be proceeded with agreeably to the foregoing pro- visions of said Ordinance, if brought into, and used within the City, during such residence, although not within the City on the 1st day of January preceding. Tax of 20 cents 29. That all goods, wares, and merchandise, sold uponaiisaies' within the limits of the Citv of Charleston, by any ma'lp after tie * ,J '' ist of Apni next. p ergon Qr persons whomsoever, and whether for cash or credit, from and after the 1st day fof April next ensuing the date of this Ordinance, shall be liable to a tax of twenty cents on every hundred dollars of the gross amount of the sales of such goods, wares and merchandize, to be returned, assessed, and collected in such manner, and within such time, as shall be prescribed by Ordinance of the City Council. 30. That it shall further be the duty of the City Enquirer and Assessor, to make diligent, enquiry as CITY OF CHARLESTON. 253 to all property liable to taxation — to put the necessary Assessor to make ' 1 . • l l • i dili S ent inquiry, questions, and make the required explanations, and aDd secure acc »' - 1 T. . . Jr ' rate returns. to take all proper measures for the purpose of ob- taining full and accurate returns, and to make the assessment on a scale that will bear equally on all, and to collect the taxes according to the true intent and meaning of the Ordinances in such cases made and provided. 31. That the Enquirer and Assessor shall, so soon „ , J. ' To make out an . i_ 1 l i , 11T_i - alphabetical list as the returns are completed, make out an alphabeti- f tax payers, and amount of taxes, cal list of all the persons making such returns, or ?" ^^1^™,^ liable to pay taxes in the City, with the amount of °* their respective assessments, under the proper heads — and shall forthwith deposit the same in the Trea- sury Office, to be published whenever Council shall so direct. 32. That Free Negroes and Free Persons of Color, shall be and are hereby made liable to the following taxes, viz: — Males from the age of 21 to the age of 60, carrying on any trade or art, or being a Mechanic, and residing within the city, or resi- ding without the city, exercising his trade or art therein — each a tax of Ten Dollars ; Males from the age of 21 to the age of 60, each a tax of Eight Dol- lars; and from the age of 16 to the age of 21, a tax of Five Dollars. Females from the age of 18 to the age of 50 years, each a tax of Five Dollars ; 14 to 18, a tax of Three Dollars, except such Negroes and Free Persons of Color as shall be clearly proved to the Enquirer and Assessor, to be incapable, from 30e Taxes on free persons of color. Execution. 254 ORDINANCES OF THE maims or otherwise, of providing his, her or their livelihood. The foregoing taxes on Free Negroes or Free Persons of Color, shall be paid during the month of June, in the present } r ear, to the City Treasurer. And if any Free Negro or Person of Color, of the ages aforesaid, shall neglect to pay his or her tax as aforesaid, an execution shall be issued against the property and person of such Free Person of Color, directed to the City Sheriff, requiring him «/ * -m. O to seize and sell the property of any such Free Negro or Free Person of Color, and deduct so much from the sale thereof as shall be sufficient to pay the tax due by him or her as aforesaid, as also the cost and charges of such seizure and sale ; but if no property can be found belonging to such Free Negro or Free Person of Color, then it shall be the duty of the City Sheriff forthwith, by virtue of the said execution, to seize and take the body of any such Free Negro or Free Person of Color, and bring the same before the Mayor, or presiding Alderman for the time being, whose duty it shall be to inquire into the cause of neglect, or refusal to pay the said tax ; and the said Mayor, or presiding Alderman, are hereby authorised and empowered, if they after the said inquiry shall deem fit, to order and direct such Free Person or Persons to be confined in the Work House, and placed on the Tread Mill for any time not exceeding one month, unless his or her tax due as aforesaid* with costs and charges, shall be sooner paid. And To make returns of themselves, of every rree JNegro or r ree I erson ot L-olor, as atore- their names, ages ■» ° *?$ the 15th said, shall; on or before the 15th day of May, in the present year, make a return of his or her name and CITY OF CHARLESTON. 255 age, of the name and age of his or her child or children, and of his or her place of abode and occu- pation, to the City Enquirer and Assessor, who shall enter the same in a register ; and if any Free Negro or Free Person of Color, shall neolect or refuse to make such return within the time and in the manner before prescribed, or shall give a wrong name or names, with intent to deceive the Enquirer and Assessor, he or she shall, in either case, be doubly Penalty for neg- lect. taxed, and proceeded against in the same manner as above directed, with regard to Free Negroes or Free Persons of Color, whose tax is not duly paid as afore- said. Ratified in City Council this eighteenth day of March, in the vear of our Lord one thousand eight hundred and forty, and in the sixty fourth year of American Independence. H. L. PINCKNEY, Mayor. By the Mayor. John R. Rogers, Clerk of Council. APPENDIX. MW///#//////Ww. ACTS OF TlH &H6XS£ATVZli:, WHICH RELATE TO THE CITY COUNCIL OF CHARLESTON, AND THE CITY OF CHARLESTON. -oo- AN ACT To indemnify the City Council of Charleston for the Dec Damages recovered for burning the Wreck and v^-v->_/ Cargo of the Brig Amelia, to prevent the introduc- tion of the Cholera, in the year 1832. Section 1. Be it enacted, by the Senate and House of Representatives, now met and sitting in General Asse?n- bly, and by the authority of the same, That the sum of Twelve Thousand Dollars be, and the same is hereby SEg appropriated, to indemnify the City Council c>Fo£r!2Ei lof ' Charleston, for the damages which have been reco- vered, or may hereafter be recovered, in certain suits now pending, and the expenses of their defence, for the destruction of the Brig Amelia and other proper- ty, at Folly Island ; which vessel and cargo were or- dered to be burnt by the City Authorities, in the year 2 APPENDIX. Doc. 1837. 1832, for the purpose of preventing the introduction of Cholera, and the consequent dissemination of that malady throughout the State ; the expenditure of this amount to be accounted for at the next session of the Legislature, *and any surplus unexpended from this appropriation, to be refunded by the City Council. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. AN ACT To authorize the Commissioners of Public Buildings for Charleston District, to apply part of their Funds to the repairs and extension of the main Guard House in the City of Charleston, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives ', of the State of South Carolina, now met and sitting in General Assembly, and it is hereby enacted by the authority of the same, That the Board Duty of commis- of Commissioners, appointed to superintend and keep aoners. ^ n re p a } r t h e Court House and Jail of Charleston District, be, and they are hereby authorized and em^ powered, from the monies now in their charge, or which may hereafter be levied and collected, under the Act entitled, " an Act to provide for the repairing of Court Houses and Jails in the said State," to apply Ten thousand , r -, lin 1 • i dollars may be the sum ol ten thousand dollars to the repairs and extension of the present Guard House in Charleston, or the erection of new buildings on, or near the site of the present Guard House in the said city ; pro- APPENDIX. O vided, that the City Council of Charleston, shall Dec. 1837. appropriate such an amount of money as may be ne- v -*"v^' cessary on their part, to complete the execution of the plan that may be finally agreed upon between the said Citv Council and the Board of Commissioners of Public Buildings for Charleston District, for the improvement of the aforesaid premises. Sec. 2. And he it further enacted, by the authority provisions re - aforesaid, That the City Council of Charleston be, SylndS and they are hereby authorized and empowered, to com P any - improve the said premises, and to take down and erect any buildings thereon ; Provided, that the said City Council shall furnish to the Apprentices' Library So- ciety, and the Phoenix Fire Engine Company, such buildings, inlieu of those now occupied by them on the Guard House Square, as may be satisfactory to those bodies respectively, and conformably to the arrange- ments entered into for such exchanges^ between the said City Council and the said Society and Company. Sec. 3. And be it further enacted, by the authority Guardhouse aforesaid, That nothing herein contained, shall in any fmTpkradT" manner affect the present use and arrangement of the gl0un ' State Arsenal in Broad-street, containing the public arms and munitions of the State, or the free and unobstructed use of that Arsenal by the Artillery and Infantry, and also of all that portion of the Guard House Square, measuring east of said Arsenal, seven- ty-one feet, and in depth one hundred and twenty- eight feet, which division of the aforesaid square shall continue to be occupied by that portion of the Militia by which it is now occupied, subject, however, to the privilege, by the City Council of Charleston, of con- tinuino- to use the said around for the drilling and exer- cise of the City Guard ; the said ground, or portion of the Guard House Square, being hereby declared to be subject to the common use and occupation of the Artillery, the Infantry, and the City Guard : Provided, That nothing herein contained shall be construed to prevent the State from using, or converting to its own £0 4 APPENDIX. Dec. 1857. Exem] a»sessu tioii of leuts. use, tlie said lot and buildings thereon, whenever it may be deemed expedient to do so. Sec. 4. Be it further enacted., That for the next two years that assessments of taxes shall, be made by the Commissioners of Public Buildings, for the Judicial district of Charleston, all the parishes in the said dis- trict shall be exempt from such assessments, except the parishes* of St. Philip and. St. Michael; and the said Commissioners shall otherwise take care that the whole of the expenditure herein before authorized, shall be borne by the parishes of St. Philip and St. Michael, and are hereby authorized and directed to make their future assessments with a view to that end. In the Senate House, the twentieth dav of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARDLAW, Speaker oftlic House of Representatives. AN ACT Penalty. - Tporovide Punishment for the Negligent Management of Steam Boats. Section 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That if any person within this State shall suffer injury to life or limb, by the explosion of any boiler of a steamboat, or by reason of the unskilfulness, misma- nagement, or negligence of the person or persons having the charge or command of the said boat, or her engine, or by reason of any defect in the said en- gine or boat, or by reason of the deficiency or want of any matter or thing necessary and proper for the management or sea-worthiness of the said boat, the APPENDIX. 5 Captain, Master, or other person having the command Dec. im. or charge of such boat shall, for every such injury, be v -^>^*- / deemed guilty of a misdemeanor, and, on conviction, shall be punished by line or imprisonment, or both, at the discretion of the court before which such convic- tion shall be had; Provided, however, that nothing Not Hawe for contained in this Act shall be so construed as to pre- vent the defendant from showing,. on the trial, that the injury arose from unavoidable accident, and without fault on his part ; and that this act shall not in any manner be construed to restrict the liability of any person to be indicted, tried,- and punished* under any law now existing. Sec. 2. The owners of every steamboat shall be P^"^ b s j™ ade "*■ deemed, and are hereby made responsible, for the good conduct of the masters or captains employed by them ; and if auy penalty incurred by the master, captain, or other person having the command, or charge of a steamboat, or her engine, cannot be collected of him by due course of law, the same may be recovered of the owners of the boat, in whose service and em- ployment he was at the time such offence was com- mitted, jointly and severally in the same manner as if they were sureties of such master, captain, or person in command or charge as aforesaid. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of tJie Senate, D. L. WARDL AW, Speaker of the House of Representatives. AN ACT To amend the Law in relation to the harboring of Deserted Seamen. Section 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in APPENDIX. How far provi- Dec. 1837. General Assembly, and by the authority of the same, That the provisions of the first section of an Act, en- titled an " Act to prevent the harboring of deserted Seamen, and to protect Sailors from the fraudulent practices of their Landlords," passed on the twenty- sions of former fi rs t; dav of December, one thousand eight hundred act may extend. -i 1 • • 1 i i and thirtj-six, shall extend to every agreement to proceed or continue on a voyage made in this State or elsewhere by a seamen, and whether in contempla- tion of a voyage to be commenced in this State or elsewhere; Provided, that the said agreement, at the time when any such seaman may be harbored, or se- creted, contrary to the provisions of the said Act, shall not have been fully executed and determined, but shall be of force and binding on such seaman, accor- ding to the laws of this State, or of the country where the same was entered into, or to which the ship or vessel in which such voyage was to be made, may belong. Articles of ship admissable evi- dence. Sec. 2. And be it further enacted, That on the pro- secution or trial of any indictment under the aforesaid Act, or any Act amending the same, the articles of the ship or vessel, authenticated by the affidavit of the captain, sworn to before any Notary Public, or Justice of the Peace, of the State, shall be admissable in evi- dence, and shall be sufficient to establish the fact, that any seaman, whose name appears subscribed thereto, has signed the agreement contained in such articles, until the contrary be made to appear by proof, any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-se^en, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARJDLAW, Speaker of the House of Representatives. APPENDIX. AN ACT :nee.lS37. To authorize the City Council of Charleston to close Fort Street, and part of Church Street, in said City. Section 1. Be it enacted by the Senate and House of Representatives, note met and sitting in General Assem- bly, audit is hereby enacted by the authority of the same, That the City Council of Charleston be, and they are hereby authorized and empowered, to close, shut up, and discontinue the portion of South Bay Street, in the said city, commonly calleo^Fort Street, or so much thereof as they may deem expedient, in order to con- tinue South Bay Street, as nearly as practicable, in a direct line, from its junction with Meeting Street, to East Bay Street, and also to close, shut up, and discon- tinue the portion of Church Street in the said city, lying south of Fort Street aforesaid, and the portions of said streets, so closed, shut up, and discontinued, as aforesaid, shall become and be the absolute property in fee simple of the said City Council of Charleston : Provided, that the said Citv Council of Charleston shall, and do fully compensate the owners of lands or buildings, fronting on such portions of said streets as shall be closed, shut up, and discontinued, as aforesaid, for any consequent injury or -depreciation of their property ; which said injury or depreciation shall be ascertained and awarded by Commissioners, to be ap- pointed and to proceed in like manner as is prescribed in the second, third, and fourth sections of an Act, passed on the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty -six, entitled "An Act to authorize the City Coun- cil of Charleston to close Amen Street in Charleston, and for other purposes." In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. 8 APPENDIX. Dec. 1637. AN ACT To re-organize the College of Charleston. Whereas, The City Council of Charleston, and the Trustees of the College of Charleston, have repre- sented by their Petition, that to advance the object for which the said Institution was incorporated, they have entered into an agreement for the surrender and transfer to the City Council of Charleston, of all the property of the said Cojlege, and the said City Coun- cil have agreed to accept the same, and undertake the le-establishment and maintenance thereof, and they pray for an Act to sanction the said arrangement. Section 1. Be it therefore enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Trustees of the College of Charles- ton be, and are hereby authorized, now, or at any time deredfto city or times hereafter, to surrender and transfer to the Colleee surren council. City Council of Charleston, all the property, real and personal, of and belonging to the said Trustees of the College of Charleston, and also, all rights and inter- ests granted or belonging to the said Trustees, or to the said college, whether to escheats or otherwise, to be held by the said City Council of Charleston in trust forever, to and for the sole use and benefit of the said College of Charleston ; and further in trust, that the said City Council of Charleston shall and will provide the means to re-establish and maintain SaTnt^couege! tne sai d College, should the income of the College, and the tuition fees be inadequate to that object — and so far as they may be so inadequate — and should the exercises of the said College be at any time un- avoidably suspended, then so long as they are so sus- pended, the College fund shall be allowed to accumu- late for the future benefit of the institution, and in like manner, any surplus income that may at any time annually remain after defraying the expenses of the year, shall form an accumulating fund,, and be invest- APPENDIX. ed to increase the income arid extend the benefits of Dec ie37. the institution, and shall be applied to no other pur- v -^^^ 1 ^ pose. Sec. 2. And be it further enacted, That the said Colleoe of Charleston shall be under the manag -ment ° f lrustees - and direction of a Board of twenty-one Trustees. — That the Mayor and Recorder of the. said city, for the time being, shall always be ex-officio members of the said Board; that three of the said Board shall be forthwith elected by the said City Council, from their own body, to serve as Trustees until the next annual election of Aldermen. And three Trustees shall thereafter be annually elected by the said City Coun- cil from their own body, immediately after the annual election of Aldermen for the said city ; and shall hold their office until the next annual election of Alder- men. And that the said City Council shall, forthwith, elect from the present Board of Trustees, sixteen persons, who, with such persons as may be hereafter elected in their stead, shall hold the office in the same manner, and for the same term as it is now held. — And the said Board of Trustees so appointed or elected, and their successors forever, shall be known as a body corporate, and designated in law, by the name and title of the Trustees of the College of Charleston, and shall be, and are hereby vested with all the rights, powers, privileges, authorities and fran- chises vested in the present Board of Trustees, either in and by their Act of Incorporation, passed on the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-one, or by any other law or laws of this State. Sec. 3. And be it further enacted, That ten days Whentrustee . previous notice be given, the said Trustees and their meet# successors shall meet on the Monday preceding the third Wednesday in October of every year, or on such other day or days annually, as the Board of Trustees may direct, at the College in Charleston, and shall elect a President of the Board of Trustees, 10 APPENDIX. Dec. 1337. Vacancies hcv filled. Faculty. Expenses. Conflicting acts repealed. and such other officers as they may deem necessary, to serve for the ensuing year, or until a new election. Sec. 4. And be it further enacted, That any vacan- cy that may occur in the Board of Trustees, from a vacancy in the Mayoralty or Recordership of the city, shall be filled by the officers respectively, duly elected to these offices ; and all other vacancies in the said Board, either by the expiration of the office of the three members of council annually elected Trustees, or by death, resignation, or removal from the State, shall be filled by the City Council. Sec 5. And be it further enacted, That the Faculty of the said college shall consist of a President, and such Professors or Tutors, as the Trustees may, from time to time, appoint; and neither the said President of the college, nor the said Professors or Tutors, during continuance in office, shall be Trustees of the said college. Sec 6. And be it farther enacted, That the said City Council of Charleston shall in no case be charge- able for expenses incurred by the said college, except such as shall be sanctioned by them, and for which appropriations shall be made, according to law. Sec 7. And be it further enacted, That such pro- visions in former Acts of the General Assembly of this State, respecting the said College of Charleston as are repugnant to or inconsistent with this Act, be, and the same are hereby repealed. In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and thirty-seven, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D, L, WARDLAW, Speaker of the House of Representatives. APPENDIX. 11 AN ACT June, 1838. To amend the Act, directing the representation in the City Council to be apportioned every Seven Years. Section 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, *™ .hSFb? 011 " That it shall be the duty of the Mayor and Aldermen made - of the City of Charleston, on or before the first day of August, Anno Domino, one thousand eight hundred and forty-one, to apportion the number of Aldermen to which each of the wards of the city may be enti- tled, on equal principles of population and the city taxation for said year ; Provided always, that the whole number of Aldermen for the said city shall not exceed twelve, whose qualifications shall be the same as now directed by law. tionment. Sec. 2. And be it further enacted by the authority i nte ,. ra iofappor- aforesaid, That it shall be the duty of the Mayor and Aldermen of the City of Charleston every ten years, after the year one thousand eight hundred and. forty- one, to apportion the ward representation precisely on the principles above stated. Sec 3. And be it further enacted by the authority aforesaid, That all Acts, or clauses of Acts, contrary or repugnant to the provisions of this Act be, and the same are hereby repealed. In the Senate House, the first day of June, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. 31 June, 1838. 12 APPENDIX. AN ACT For Rebuilding the City of Charleston. Section 1. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Governor b> issue the Governor of the State of South Carolina be, ootids for two n 1 ' millions. anc [ he j s hereby authorized and directed in the name of said State, to issue Bonds or other contracts, to be countersigned by the Comptroller General, not exceeding in all the sum of two million of dollars ; one million of which shall be payable at the expira- tion of twenty years, and the other million at the expiration of thirty years, at a rate of interest not exceeding six per cent, for the purpose of procuring a loan, on the credit of the State, to rebuild that portion of the City of Charleston now lying in ruins ; that the said Bonds or Contracts, be issued in such form and for such sums, and the principal and interest be made payable at such times and places as shall be most effectual in procuring the said loan upon the best terms, either in Europe or -America ; and that the faith and funds of the State of South Carolina be, and the same are hereby pledged, to secure the punc- tual payment of the said bonds or contracts, with the interest thereon. Bank to appoint ^ EC - ^" That in order to effect the said loan, the a»fnt.' atiDg Governor is authorized and directed to commission such agent or agents as the President and Directors of the Bank of the State of South Carolina shall appoint ; which said agent or agents shall be empow- ered to receive the said bonds or contracts from the Governor or Comptroller General, and to make all such arrangements as in his or their judgment may be deemed expedient for procuring the said money and placing it to the credit of the State, subject to the draft or order; of the President of the Bank of the State of South Carolina. APPENDIX. 13 Sec. 3. The money, when realized in Charleston, June ' 1S3S " shall be deposited in the Bank of the State of South Money deposited Carolina, and shall become part of the capital thereof. state. nkofthe Sec. 4. The President and Directors of the said Bank are authorized and required, to loan to such {|w*S^ ta t0 be applicants as will rebuild that portion of the City of Charleston which has been destroyed bv the late fire, two million dollars, if so much be required, under the following terms and regulations : viz ; Clause 1. As soon as the said loan, or any portion how to a PP iy for thereof, may be effected, any applicant desiring to build upon the said burnt district, may avail himself of the benefit thereof, by making an application to the said. Bank, setting forth the plan and estimated cost of the building he proposes to erect, together w T ith the situation and dimensions of the lot whereon the build- ing is to be placed, and an abstract of his title thereto ; and upon the President and Directors of the said Bank being satisfied with the title, and that it is free from incumbrances, they shall direct the said lot to be valued by the Commissioners hereafter named, who shall certify their valuation to the said President and Directors ; whereupon, the said President and Direct- ors are authorized and instructed to loan to the said applicant, one half the appraised value of his said lot. And all applications for the said loan shall be made within two years from the passing of this act. Clause 2. The applicant shall enter into bond in Bondfor]oan a sufficient penalty, with condition to pay to the Pre- ^^ ntB,dI,d sident and Directors of the said Bank of the State, the principal sum of whatever may be loaned him, in ten equal annual instalments; the first of which shall be payable within three years from the date of the bond ; also, with condition to pay the interest annually ; also, with the further condition that the money loaned shall, within one year from its receipt, be expended in the erection of brick or stone buildings, upon the KKfJ^J? said lot of land ; and also, that the said applicant shall 14 . APPENDIX, June, 1833. in all respects comply with the provisions of this'act; v ^ s ^v^^ and the said bond shall be secured by a mortgage of the lot of land ; and the form and nature of such bond Bond secured by anc ] mortgage shall be prescribed by the President mortgage. c c> I J and Directors of the said Bank, under the advice and. direction of the Attorney General. And if the said feitu'e 6 of for ~ mortgage should at any time become forfeited, either by failure to pay any part of the principal or interest of the said debt, at the time specified, or by a breach of any of the conditions of the said bond, the Presi- dent and Directors of the said Bank shall, and may, after six months notice, to the obligor, his heirs, exe- cutors, administrators, or assigns, either personally ser- ved, or published in one or more public gazettes in the City of Charleston, proceed to sell the property mort- gaged, by auction, for ready money, for the best price that can be obtained for the same, which said sale shall be advertised for three weeks previously in one or more of the public gazettes of the City of Charles- ton, and the monies arising from the said sale shall be applied by the President and Directors of the said Bank, in satisfaction of the said bond, any law, usage, or custom to the contrary thereof in any wise not- withstanding ; and the purchaser at such sale, his heirs and assigns, shall be deemed to be seized of a good and absolute legal estate in fee simple, of the premises purchased, as against all persons whomsoever, their heirs and assigns not claiming by, or under a para- mount title! Clause 3. Whenever the amount first loaned shall Provisions for a, , ._•..'., . pi-it further loan. nave been expended in the erection ot buildings, as aforesaid, the said applicant, his heirs at law, legal representatives, or assigns, may make application for further loan, whereupon the President and Directors of the said Bank, shall cause the said commissioners to ascertain and report whether the sum originally loaned has been applied as aforesaid, and upon the same being certified to the said President and Direc- tors, they shall make to such applicant, his [heirs at APPENDIX. 15 law, representatives, or assigns, a further loan, equal judc,i83s. in amount to one-half the appraised value of the said v -^~v*- / lot, should so much be necessary to complete the im- provements thereon, which said lots shall be taken upon the same terms and subject to the same condi- tions as the first. And a further loan shall be made, equal to one-half the value of the lot, should so much be required to complete the improvements thereon, whenever the said commissioners shall certify to the President and Directors of the said Bank, that the amount already loaned has been actually expended agreeably to the provisions of this law ; and as soon as a good Policy of Insurance upon the property, to the extent of the amount previously loaned, shall have been duly assigned to the Bank ; and the said addi- tional loans shall be taken, subject to the same condi- tions, and shall be secured in the same manner as the first. And in case any part of the said two millions shall remain, after making the said loans, the same may be lent to any applicant, or his heirs at law, repre- sentatives, or assigns, for the purpose of completing his improvements, upon such securities as may be deemed satisfactory by the President and Directors of the said Bank. Clause 4. The valuation of the lots upon which How va i uat ioDs the said loans are to be made, and also, the certificates shallbcmade - of expenditures upon the buildings, shall be made by a board of five commissioners, two of whom shall be appointed in behalf of the State by the Bank, and two in behalf of the City by the City Council, and a fifth to be chosen by the other four ; and in case any vacancy occur, it shall be filled by the same parties who had appointed to the place so become vacant ; and the said board, or a majority, (having been first dulv sworn to the faithful discharge of their duty,) shall, in all cases where a loan is to be made or in- creased, certifv their valuations to the Bank, and- make such report of facts as may be necessary and proper to enable the said Bank to discharge its duty to all interests concerned, 16 APPENDIX. June, 1838. Insurance must be effected. Provisions for neglect. Clause 5. In all cases where the value of the lot has been loaned, it shall be the duty of the borrower, to cause insurance to be effected upon the buildings . thereon, and to keep the same renewed for the amount of the loan, or so much thereof as may remain un- paid, and to assign the policy to the Bank as collate- ral security; and in case the said borrower shall neg- lect so to do, the Bank shall cause insurance to be ef- fected or renewed in behalf of the President and Directors of the said Bank, and shall demand from the said borrower the premium of insurance paid, and all expenses ; and if the same are not paid within one month, then the bond given bvsuch borrower shall be considered forfeited, and he shall forthwith be bound to pay up the whole of his debt, as though the instal- ments had all been made payable at such date of for- feiture, if the said Bank shall deem it expedient to require payment of the same ; and in all cases where . a policy of insurance is required by this Act, the Bank may accept in lieu thereof some other collateral security. No loan where Clause 6. No loan shall be made upon any lot r^dst! 6 " baiWi ° es upon which there may be a wooden building, unless sufficient security be first given that the same shall be removed within one year from the passing of this Act. Interest. Ordinance to guarantee the state. Of lessees and owners. Clause 7. The interest *to be charged on the said loans, shall be fixed at as low a rate as will cover the interest to be paid by the State, with the necessary charges of remittance, but the said rates shall in no event exceed seven per cent, per annum. Sec. 5. Before the said loan is effected, the City of Charleston shall, by an ordinance to be duly rati- fied by the City authorities, guarantee the State against all loss to arise from loans to be made to the citizens of Charleston under the authority of this Act. Sec. 6. The lessee, or tenant, for life, of any lot of land within the said district, shall be allowed the s APPENDIX. 17 benefit of the provisions of this Act, if the owner of June, ram the reversion or remainder join in the mortgage, to v ~*~v~*-' secure the amount loaned, in such form as may be ad- vised by the Attorney General. Sec. 7. The mortgage executed by the applicant, ofmortgage& ' shall be a charge upon the land in favor of the Bank and its assigns, from the date of its registry in the office of mesne conveyance, against all persons whomsoever; and all mortgages shall be recorded, or lodged in the Register's Office for record, by the applicant, before any money shall be paid by the Bank. Sec. 8. And whereas, the frequent visitations of the City of Charleston by fire, the destruction of property, and the loss of life occasioned thereby, admonish the State of the evil of permitting other than fire proof buildings in the said city ; and whereas, the funds of the State herein authorized to be advanced on the security of buildings in the said city, may be endan- gered ; and no inducement is offered to individuals to erect fire-proof buildings, so long as others are allowed to build in their immediate neighborhood, of combus- tible materials ; for remedy whereof : Be it enacted, How lawfuI buil That hereafter it shall not be lawful to build, put, ^&£%t erect, or construct within the City of Charleston, any Wooden or Framed Building, or to cover any build- ing with a roof of combustible materials ; and every building or construction, framed, or constructed of wood, or having more wood on the outside thereof, or the roof of which is constructed otherwise than is pre- scribed by an Ordinance, ratified by the City Council of Charleston, on the 8th May of the present year, entitled, " An Ordinance to prevent 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 compe- tent jurisdiction ; and the persons respectively build- ing, covering, or constructing, or instrumental in building, covering, or constructing any building, roof, lbe IB APPENDIX. June, 1837. City ordinance to prescribe. or construction, contrary to this Act, or to the provi- sions prescribed in the said Ordinance, shall be sub- ject to the same penalties, in all respects, as are provided 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, re- strictions, ami regulations of the said Ordinance and of this Act ; and full power and authority are hereby granted and confirmed to the City Council of Charles- ton, to determine the materials, thickness, and con- struction of the walls and other parts of 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. Wooden build- ings declared a nuisance. Sec. 9. And whereas, the whole property in which the funds of the State are authorized, by this Act, to be invested, may be also greatly endangered by the wooden buildings and sheds 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 afore- said. 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 expi- ration 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 all persons who shall receive damage to their property V APPENDIX. 19 by reason of such removal, may apply by petition to June, i838. the Court of Common Pleas, who shall thereupon s -*^"~*~ / cause the damage to be assessed by a jury, in view of Damages asses- the premises, and after having heard the parties or st their counsel ; and the jury, in assessing the damages, shall take into consideration the advantage which may accrue to the petitioner by surrounding his {/remises 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 a jury as aforesaid ; and the finding of the jury shall be conclusive upon all parties. Provi- ded always, that the city shall not be bound to indem- nify 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. Sec. 10. It shall be the duty of the President and Directors of the Bank of the State of South Caro- Bank shall ma ^ e lina, to make proper provision for the punctual payr Fn™^wrfst :P and ment of the interest of such loans as may be effected principal ofI ,an - upon the credit of the State, under the provisions of this Act ; and also, for the ultimate payment of the principal thereof. Sec. 11. It shall be the duty of the President and Directors of the Bank of the State of South Caroli- Duties of the na, to cause to be opened in the books of the said Bauk Bank, an account, in which they shall debit themselves 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 ; • 32 20 APPENDIX. June, 1838. wn i cn sa^ ftm^ 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. Profits of Bank Sec. 12. When the profits of the said Bank of the State of South Carolina, shall have paid the interest of certain stocks, and redeemed the said stocks, for which they have heretofore been pledged and set apart, the said profits shall also be considered so- lemnly pledged and set apart for the payment of the interest on the said loan, and the final redemption thereof. Attorney General Sec. 13. The said President and Directors shall compensated. . i ' i i • • l • l a make such additional compensation to the Attorney General, as they may deem sufficient for the addition- al services required from him by this Act ; and they shall also make provision for paying such expenses as may be incurred by the Bank in carrying this Act into effect. In the Senate House, the first day of June, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-second year of the Sovereignty and Independence of the United States of America. PATRICK NOBLE, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. An Ordinance to prevent the erection of Wooden Build- ings in Charleston, and to provide greater se- curity from Fires. No wooden or 1. Be it ordained by the Mayor and Aldermen of to'i^ereaedT Charleston, in City Council assembled, That it shall not be lawful to build, erect, or construct within the City of Charleston, any wooden or framed building of any description. APPENDIX. 21 2. Anv building framed of wood, or having more June > 1838 - wood on the outside of the building than that requir- ed for door and window frames, doors, shutters, sasnes, how buiidin? s ' ' shall be construc- porticoes, and piazzas, shall be deemed a wooden ted - building, and subject to the penalties of this ordi- nance ; and the roof of every building, and of every piazza and portico,»shall be covered with some ma- terial not combustible, otherwise they shall be deemed each to be a wooden building, and subject to the pen- alties prescribed by this ordinance for the erection of wooden buildings. 3. If any person shall build or construct, or cause p ena ity for erect to be built or constructed, any wooden buildings Z ? r° den buil " within the limits of the city, .such person shall, upon conviction before any proper tribunal, forfeit and pay to the city, a fine of five hundred dollars ; and also, a further sum of twenty dollars for every week during which any such building shall remain erected within ofTrd°ua™e atl ° u the city, contrary to the provisions of this law ; and in case the said building shall not be pulled down and removed, or otherwise made conformable to the pro- visions of this law, within three months after such conviction, the person or persons so convicted shall, in addition to the said penalty of twenty dollars per , week, be subject to a further penalty of one hundred dollars for his, her or their neglect, at the expiration » of every three months from the date of such convic- tion, until the said building shall be pulled down and removed, or otherwise made conformable to the pro- visions of this law. 4. Every person who shall be employed in the Fine for being building, or construction of any building, contrary to Kings. 011 the provisions of this ordinance, shall, on conviction thereof before any court of competent jurisdiction, forfeit and pay to the city the sum of five dollars for every day he may be so employed ; and if any per- son so employed shall have in his employ slaves or persons of color, he shall forfeit and pay an additional sum of two dollars for each hand for every day during 22 APPENDIX. June, 1838. which sucli person may be engaged in the erection v -* r "v~*- / or construction of such building. unfinished buiid- 5 Every unfinished woe e'en building within the / city, the construction or building whereof shall be continued after the \ assing of this law, shall be sub- ject to its provisions; and any person who shall, after the passing of this law, proceed in the further con- struction or erection of such building, or thereafter cause the same to be erected or built, shall be subject in all respects to the same penalties as are prescribed in the 3d section of this Ordinance; and every per- son ernploye'd in the further construction or erection of such building shall be subject in all respects to the penalties prescribed in the 4th section. Provided, however, that nothing in this clause contained, shall extend to sny building which shall have been com- menced and the frame thereof erected prior to the 27th day of April last. wans of buiid- 6. Every building hereafter erected within this city, shall have, between the separate tenements thereof, sufficient brick or stone partition walls, and shall also be finished with sufficient outer walls of brick or stone ; and no wall of any building shall be deemed sufficient unless the same shall be at least twelve inches thick in the lower story, and eight inches thick above the lower story ; and every person offending against the provisions of this section, shall, upon con- viction thereof, forfeit and pay to the city, a fine of Penalties. one hundred dollars, and also the further sum of ten dollars for each and every month during which the provisions of this Ordinance shall remain not com- plied with. Roofing a nd cov- 7^ Whenever, hereafter, any building already erected, shall be roofed or covered, it shall be roofed and covered as new buildings are hereby directed to be done; and the owner of such building, and all persons concerned in roofing and covering the same, contrary to the provisions of this clause, shall be sub- APPENDIX. 23 ject to the same penalties as though the said building June,i838. had been newly erected or constructed. v^-v^^ 8. None of the provisions of this law shall, during Marsh i-*se*. 1 -. i | • i .'" einpted for twen- the next twenty years, extend to any marsh lot within ty years. the limits of the city, upon which the tide flows. — Provided, however, that at the expiration of the said twenty years, all wooden buildings standing upon any of the said lots, shall be pulled down or removed, by the owners thereof; and the owner or owners so neglecting to pull down or remove the same, shall be subject to the same penalties in all respects, as are provided in the third section of this law. 9. The City Council may, by resolution, extend Temporary permission to mechanics to build, and use as workshops, such temporary sheds as may be necessary for the purpose of rebuilding the burnt district, for such/time and under such regulations, as the said Council shall deem meet. Duty of city 10. It shall be the duty of the City Marshals, and they are hereby strictly enjoined, to give immediate marshals. information of all offences against this Ordinance, and one half of the penalties recovered in each case shall be paid to the Marshal, or to any person who shall inform against and prosecute any offender. Ratified in City Council this eighth day of May, in the year of our Lord, one thousand eight hundred and thirty-eight, and in the sixty-second year of Ameri- can Independence. H. L. PINCKNEY, Mayor. By the Mayor. William Roach, Clerk of Council. CITY COUNCIL, May 5, 1838. The following Preamble and Resolutions, reported by Mr. Memminger from the Special Committee, were adopted : Whereas, The determination of the City Council to prevent the erection or completion of Wooden 24 APPENDIX. ■ June, 1838. Buildings, may operate with a particular hardship upon those citizens who had commenced such build- ings before they were aware of such determination ; and whereas, the delay which must occur in the con- struction of brick buildings, may bear severely upon those who at present may not be able to procure dwellings, therefore, Resolved, That the City Council will indemnify- any citizen, who since the late fire, shall in good faith have commenced the construction of any wooden building, before the publication of the Mayor's Pro- clamation to prevent the erection of such building, provided such citizen will immediately discontinue and pull down such building, and render in his claim for indemnity to the City Council. Resolved, That the Council will endeavor to provide a temporary shelter for such persons as are unable to find dwellings under existing circumstances ; that a committee be appointed to ascertain what buildings are requisite for such purposes, in addition to those under the control of the city, and if further accom- modation be requisite, then that the said committee procure a proper site, and cause a large temporary wooden building to be constructed upon a proper plan, for such tenants as may require the same ; or that they report any other measures which they may deem expedient. I APPENDIX. 25 AN ACT Dec. 1838. To authorize the City Council of Charleston to close and discontinue Ellery -street. Section 1. Be it enacted by the Honorable the Se- nate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the City Council of Charleston be, and they are hereby authorized and empowered to close and dis- continue, as a public highway, Ellery-street, in the city of Charleston, from Anson-street to East Bay- street : Provided the City Council do first purchase from the proprietors, the lots on both sides of the said street, on such terms as may be mutually agreed on between the parties, or do first make such com- pensation to the proprietors of land on both sides of said street, for the damage they may sustain by closing dama s es the same, as may be mutually agreed on by the City Council and proprietors. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, V resident of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. Payment of AN ACT To amend an Act for rebuilding the City of Charleston. Section 1. Be it enacted by the Senate and House of Representatives, now met and sitting in General As- sembly, That the Act of the General Assembly of this State ratified on the first day of June last, en- 26 APPENDIX. Deo. 1338. Bonds; how taken, framed, &c. Till b. Policy of Insu- rance. Valuation. titled "An Act for rebuilding the city of Charleston," be, and the same is amended in the following par- ticulars : 1. The applicant for a loan may execute a single bond, with a penalty sufficient to cover all loans which may be made to 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 man- ner as though the whole amount which shall be sub- sequently loaned, had been loaned at the date of the said bond and mortgage. "o"-& v 2. The applicants for the said loan shall be requir- ed to furnish the Bank, only with an abstract of their title, and with such title deeds as may be in their pos- session not recorded : They shall not be required to furnish copies of any evidence or muniment of title, or mesne conveyance, which has been recorded in the proper public office. 3. The policy of insurance which shall be required from any applicant for a loan, shall be deemed suffi- cient, if taken for such amount as it is customary for Insurance Offices within the State to take, upon any single risk. 4. Preliminary applications for the said loan, shall be received by the Bank from any applicant setting forth the plan and estimated cost of the building pro- posed 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 APPENDIX. 27 the same, and certify their valuation in the manner Dec.i838. provided by the Act of which this is an amendment; v -^ v ^^' 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 actually be made, until the applicant shall fully have complied with the pro- visions of the Act above referred to, as amended by this Act. 5. And be it further enacted, That the fees of each _ , . i i n • • n i searches. 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 their books for each name, and sixty-two and a half cents for their certificate : But no public officer shall demand or re- ceive 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 such searches, certificates, and services, inclusive, or who shall re- fuse 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. 6. Be it further enacted, That no charge shall be no charge by At made 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. 7. And be it further enacted, That any person . , •* i'i i-i I'll' Loans on past owning a lot, upon which a brick or stone building erections. shall have been commenced since the fire of April last, shall be entitled to receive all the instalments of 33 28 APPENDIX. Deo. 1338. 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 sub- stantially 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. In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and thirty-eight, and in the sixty-third year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. APPENDIX. 29 AN ACT To apportion the representation of this State. Section 1. Be it enacted by the Honorable the Senate and house, of Representatives, now met and sitting in General Assembly, and by the authority of the same, That each and every of the Election Districts through- out this State, shall, at the next, and all future elections, until a new apportionment of the representation be made by a future Legislature, respectively elect the following number of Representatives, to wit : Abbeville, five representatives ; All Saints, one rep- Nun^er of Re- resentative; Barnwell, four representatives; Chester, eacHuS for three representatives; Chesterfield, two representa- tives ; Christ Church, one representative; Claremont, three representatives ; Clarendon, two representatives; Darlington, two representatives ; Edgefield, six rep- resentatives ; Fairfield, four representatives ; Green- ville, four representatives ; Horry (Palish of King- ston,) one representative; Kershaw, two representa- tives ; Lancaster, two representatives ; Laurens, four representatives; Lexington, two representatives; Marion, three representatives; Marlborough, two representatives; Newberry, three representatives; Orange, two representatives ; Pendleton, seven rep- resentatives ; Prince William's, one representative ; Prince George (Winyaw,) three representatives; Richland, four representatives; Spartanburgh, five representatives; St Andrew's,- one representative; St. Bartholomew's, three representatives; St. George, (Dorchester,) one representative ; St. James, (Goose Creek,) one representative ; St, James, (Santee,) one representative ; St. John's, (Berkley,) two represen- tatives ; St. John's, (Colleton,) two representatives ; St. Helena, one representative ; St. Luke's, two rep- resentatives ; St. Matthew'*, one representative ; St. Paul's, one representative; St. Peter's, two represen- tatives; St. Thomas and St. Dennis, one representa- tive ; Union, four representatives; Williamsburgh, one 30 - APPENDIX. Dec. 1839. representative; York, four representatives • St.Philip's and St. Michael's, seventeen representatives ; St. Stephen's, one representative. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, Tresident of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. AN ACT To prohibit the Digging of Cellars, in future, within the limits of Towns on the Sea Board. Prohibition Section 1. Be it enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That from and after the passing of this Act, it shall not be lawful for any person or persons, to dig or con- struct, or cause to be dug or constructed, within the limits of the City of Charleston, or any other city, town, or village, within twenty miles of the ocean, any cellar, or subterranean excavation, other than may be necessary for the purpose of w T ells, cisterns,ice houses, privies or drains. Sec. 2. And be it further enacted, That any person penalty. who s h a ]i (\\qt or construct, or cause to be duo- or con- structed, any cellar or excavation below the surface of the soil, (other than for the objects referred to in the foregoing Section,) in any city, town, or village, within twenty miles of the ocean, shall be indicted as for a misdemeanor, and on conviction, shall forfeit and pay a sum not less than five hundred dollars, nor ex- ceeding one thousand dollars, to be recovered in any court of competent jurisdiction, one half of the said APPENDIX. 31 penalty to go to the informer, and the other half to the Dec. 1839. State. Sec. 3. And be it further enacted, That the muni- Authority to fill -. ■-. . . r> ii • • "li • 1 • up future cellars. cipal authorities of all cities, towns, and villages, withm twenty miles of the ocean, are hereby authorized to fill up, at the expense of the parties offending against the provisions of this Act, all cellars that may hereafter be dug or constructed, contrary to the true intent and meaning thereof. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-r.ine, and in the sixty-fourth year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives. AN ACT T0 extend the time during which Loans may be granted^ under the Act to rebuild Charleston. Section 1. Be it enacted by the Honorable the Senate and House of Representatives, noiv met, and sitting in General Assembly, and it is hereby enacted by the To June *' mu authority of the sam?, That the time during which applications may be made for loans, under the provi- sions of the Act to rebuild Charleston, be extended to the first day of June, eighteen hundred and forty-one, (1841,) instead of the first day of June, 1S40, as pro- vided by that Act. • In the Senate House, the twenty-first day of December, in the \ear of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, President of the Senate, D. L. WARDLAW, Speaker of the House of Representatives . 32 APPENDIX. Dec. 1839. AN ACT ■Charter, limita- tion, &C. i Exclusive pri- vilee. To grant a Charter to Isaac S. Bailey, to establish, erect, and use a Hydraulic Press Dock in Charleston. Sec. 1. Be it enacted by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That a charter be, and the same is hereby granted to Isaac S. Bailey, to establish, erect, and use in Charles- ton, a Hydraulic Press Dock, for and during the pe- riod of twelve years, from and after the passing of this Act, provided the same be completed within fifteen months from this time, and that he shall not use the marine rail-ways, or be concerned in the repairs of vessels: And provided also, That the charter hereby granted, shall not affect the ways of ship carpenters, or the right of any persons whatever, to establish and use marine rail-ways. Sec. 2. Be it further enacted, That during the con- tinuance of the charter hereby granted, no person or persons shall erect, construct, or use, within the Parishes of St. Philip and St. Michael, any Hydraulic Press Dock. In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and thirty-nine, and in the sixty-fourth year of the Sovereignty and Independence of the United States of America. ANGUS PATTERSON, President of the Senate, D. L. WARDLAW, Speaker of the Hottse of Representatives.- INDEX. PAGE. Appropriations. Ordinance of 24th May, 1837, making appropriations for the quarter ending 20th Aug., 1837, 9 Appropriations for the quarter ending 20th Nov., 1837, 26 Appropriations for three months from 27th November, ending on the 20th February, 1838, 42 For White Point, ' 44 Agents. Of any individual or companies not incorporated by this State, for effecting insurance in this City, against loss, to make returns, and pay tax, 85 See Tax Ordinance, of 1840* 241 Atlantic-Street. Name of, substituted for that of Lynch Street, 18 Baker. — See Bread. Barree-Street. Name of " Barree Street" changed to Harleston Street, 28 Batteries. No slave to be admitted within the enclosure of the Gar- den at? White Point, or allowed to walk on the East or South Bay Batteries, except under the conditions specified, 94 Penalty for violation of the Ordinance by a slave, 95 No free person of colour to be admitted within the enclo- sure and Batteries, unless in attendance on the child- ren of a white employer, and then to have a ticket for that purpose, ib. Penalty on free persons of colour, for violation of Or- dinance, ib. Slave, or free person of colour, guilty of disorderly con- duct thereon, how punished, 96 Smoking any pipe or segar on the same, prohibited, ib. Penalty on white persons, and on slaves or free persons of colour, for so doing, ib. 34 12 INDEX PAGE. Mayor to detail a sufficient number of the City Guard, for the execution of this Ordinance, 96 Indecent and disordeily conduct, at this place, to be pun- ished in the same manner as if committed in any other part of the city, 97 Bathing any horse on South Bay, and the person in the vicinity of the South and East Bay Batteries, pro- hibited, ib. No person to ride, lead, or drive any horse or mule, within the enclosure of the Garden; penalty therefor, ib. Not lawful ,to secure with their fasts, any vessel, &c, to any part of the wharf, or the railings thereof, at White Point, or to land any timber or other materi- als, on any part of the same ; penalty therefor, 97-98 10th Section of the Ordinance of July, 1838, altered and amended, 226 No horse or mule, to be led or driven "within the White Point Garden, ib. No person to lead or drive any cows or hogs, within the White Point Garden, ib. Board of Fire Masters. — See Fire and Fire Masters. Board of Health. — See Health (Board of) " for the Survey and Inspection of Steam- Boats. — See " Steam Boats." Bread. Ordinance of 23d May, 1826, to repeal so much of an Ordinance for regulating the price and assize of Bread, as requires loaves to be of a certain weight, repealed, 31 Every Baker or other person, who shall make or bake for sale, or sell, or expose for sale, any of the soits of Bread mentioned in this Ordinance, to imprint the numbers therein directed, on every loaf; penalty for violation of this clause, • ib. Penalty for making or baking, selling or exposing to sale, any bread deficient in weight according to the assize, 32 Additional penalty for second offence, ib. Penalty for any mixture of other grain than that specified, or adulteration of the purity of the flour, ib. Mayor, any of the Aldermen of the City, or Magistrate of the District, authorized to enter into any house, shop, bake-house, &c, and search for and examine any bread there found, and if found deficient in weight, or materials, or not truly numbered, or fraudulently ■ mixed, may seize such bread, and send the same to the Poor House. (Repealed, see infra.) 33 INDEX. Ill PAGB. Penalty on any Baker or vender of bread, who shall refuse such search, or hinder the same, or abuse any public officer in the discharge of his duty, 33 Clerk of Council, or Messenger of Council, on the last day of every week, to report to Councilor to the Mayor, the average price of the several qualities of flour per barrel, for the current week, which shall be deemed and taken as the ordinary price of such flour, for the ensuing week. Assize to be ascertained and notified in any of the Gazettes, on the first publishing day of every week, 34 Clerk of Council or Messenger, to make a return or a cer- tificate of the prices of the different qualities of flour, on the last day of every week, ib. Penalty for neglect, ib. Prosecutions under the Ordinance to be instituted in the City Court, thirty days after the offence, 35 Table of Assize, ' 36 The Ordinance establishing an assize of bread, ratified the 10th October, 1837, amended by the substitution of another table of assize, in lieu of the one contained in that Ordinance, 53 The Ordinance of the 10th October, 1837, so far as it authorizes the Mayor or Aldermen, or any of the Ma- gistrates in the District, to seize bread, repealed, ib. Table of Assize, 54 Break Wagons. Ordinance to impose tax on, 10S Wagons, Chaises, and Carriages used as Break Wagons, declared liable to a tax of fifty dollars for every two wheeled vehicle, and of one hundred dollars for every four wheeled vehicle to be numbered, ib. Tax how assessed and collected, ib. i Brick Buildings, — See buildings. Buildings. , The erection of wooden buildings prohibited, 78 What shall be deemed a wooden building, ib. Roofs to be coveted with some material not combustible, ib. Penalty for constructing any wooden building within the city, 79 Penalty upon every person who shall be employed in the construction of any building contrary to the Ordinance, ib. Every unfinished wooden building, the construction of which shall be continued after the passing of this ordinance, declared subject to the penalties prescribed in sec. 3 and 4, 80 Proviso, ib. Description of walls between the tenements and outer walls, ib. IV INDEX. PAGE. Penalty for violation of ordinance, 80 When buildings already erected are roofed or covered, to be roofed or covered as new buildings, 81 Penalties, ib. The provisions of this ordinance not to extend during the next 20 years to any marsh lot upon which the tide flows, ib. Further proviso as to their removal, ib. Council may give permission to build and use as work shops, temporary sheds for the rebuilding of the burnt district, ib. City Marshals, their duty, ib. Ordinance to make provisions to carry into effect, the act for the rebuilding of the City of Charleston, 82 Persons intending to avail themselves of the privilege con- ferred by the 8th clause of the ordinance to prevent the erection of wooden buildings, required to give notice of their intention, 106 Penalty, • ib. Persons having already exercised the privilege, to give no- tice within two months from the passage of this ordi- nance, 107 Penalty, ib. Bull, — See Cattle. Burial Ground, — See City Burial Ground. Carts and Drays. . / a Author: „ksion SC Title: Your Name: Mailing Address: CHECK / ONE DUKE FACULTV L.BRARV STAFF G RAD STUDENT UNDER GRAD DUKE EMPLOYEE UNC FACULTY UNC GRAD O". HER USE BALLPOINT ONLY - PRESS FIRMLY Duke University Library *F^< 352.0757 C4770 597122 J SB ^H CHS" :vc~« ^.x.- MM s?«*!.