TIT.3. A. A, 1800. persons as are willing and desirous to retain their right to lots opposite the streets in the town of Beaufort, and not to receive compensation therefor, as directed by the said act of 2 Faust 366. assembly, passed the twenty-first day of December, one thousand seven hundred and ninety-eight, upon the express condition, that they shall signify such their intention within six months from and after the passing of this act, in writing, to the commissioners of the streets; and shall hereafter be restricted, for ever, from erecting any buildings thereon; and shall be, and are hereby confined to making no other improvements thereon than wharves, so as to leave the heads of said streets open and unobstructed. A. A. 1803. 8. Whereas the inhabitants of Beaufort, by their petition to 2 Faust 525. the general assembly, have represented that great convenience and advantage would arise to them by incorporating the said town, as thereby they would be enabled to institute and carry fully into effect, many salutary and beneficial regulations for the preservation of good order, and for the support of many charitable and useful institutions within the same: The town of 9. Be it therefore enacted, That from and immediately after the passing of this act, all persons, citizens of the United corporated. States, and residing one year within the town of Beaufort, or having a freehold for that term within the same, shall be deemed, and they are hereby declared to be a body politic and corporate; and the said town shall hereafter be deemed, and is hereby declared to be a town corporate, and shall be called and known by the name of the Town of Beaufort. When elec held for offi cers of the corporation. 10. And be it further enacted, That on the first Monday in April next, and on the first Monday in April in every year tions shall be thereafter, an election by ballot, for an intendant and six wardens, shall be held at some convenient and public place in Beaufort, and that all free white inhabitants of the said town, citizens of this state or of the United States, who shall have resided therein twelve months previous to the said election, and who shall be also qualified to vote for members to represent this state in either branch of the legislature thereof, shall be entitled to ballot for the said intendant and wardens. Who shall be entitled to vote. How managers for the ensuing elec tions shall be appointed. Oath to be taken by the intendant and wardens. 11. And when the poll shall be closed, the managers of the election shall proclaim the said election, and give notice in writing to the persons elected, of their appointment. And John Rhodes, Stephen Laurence, and John Mark Verdier, shall be, and are hereby appointed managers of the ensuing elections; and the intendant for the time being, shall appoint proper persons as managers for the elections to be held afterwards; and when the said intendant and wardens shall be elected as aforesaid, and before entering upon his or their of fice, he or they shall respectively take the oaths prescribed by the constitution of this state, and the following oath: "As intendant (or warden) of the town of Beaufort, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me; and will use my best endeavours to carry into effect the purposes for which I have been appointed. So help me God." TIT. 3. 12. And be it further enacted, That in case of the death of the intendant, his resignation, removal from office or absence from the state, the wardens shall thereupon appoint a time A. A. 1803. for choosing another, and give ten days public notice of the 2 Faust 526. same. 13. And in case of vacancy in any of the wards, by death or otherwise, the intendant shall issue a summons to the ward for filling up such vacancy, giving five days notice of the same. 14. And in case the intendant or any of the wardens, whilst in office, shall be guilty of any wilful neglect, mal-practices, or abuses, on information being filed of the same in the court of general sessions, and on conviction thereof, he shall forfeit and pay a sum not exceeding two hundred dollars for every such wilful neglect, mal-practice, or abuse; the money to be recovered by the attorney-general, and lodged with the clerk of the district court, for the use and benefit of the said town. 15. And in case of the sickness, temporary absence, or other occasion of non-attendance of the intendant, the town council shall be empowered to elect one of the wardens to act in his room on any such occasion. 16. And if any person, on being elected intendant, shall refuse to act, he shall forfeit and pay to the proper officer, for the use of the town, the sum of thirty dollars; and if any person, on being elected warden, shall refuse to act, he shall also pay to the proper officer of the town, the sum of fifteen dollars. How vacancies are to be filled. 17. Provided, That no person who has attained the age of fifty years, shall be compelled to serve in either of the said of 2 Faust 228. fices, nor shall any other person be obliged to serve more than one year in any term of three years. 18. And be it further enacted, That the said intendant shall and wardens. and may, as often as occasion may require, summon the war- Powers and dens to meet together, any two of whom, with the intendant, privileges of may constitute a quorum to do business; and they, with the the intendant intendant, shall be known by the name of, and are hereby declared to be the Town Council of Beaufort; and they and their successors hereafter to be elected, may have a common seal; and may purchase, have, hold, possess, receive, enjoy and retain to them and their successors, in perpetuity or for any term of years, any estate or estates, real or personal, of what nature or kind soever, not exceeding in value forty thousand dollars; and may sell, alien, exchange or lease the same, or any part thereof, as they may think proper; and by the same name may sue or be sued, answer or be answered unto, implead or be impleaded in any court of law or equity within this state; and they shall also be vested with full power and authority, from time to time, under their common seal, to make and establish such by-laws, rules and ordinances respecting the harbour, streets, lanes, public buildings, work-houses, markets, wharves, public houses, carriages, waggons, carts, drays on hire, pumps, buckets, fire-engines, the care of the poor, the regulation of seamen, or disorderly people, negroes, and in general every other by-law or regulation that shall ap TIT. 3. A. A. 1803. 2 Faust 228. Provisos. The said war the peace. pear to them requisite and necessary for the security, welfare and convenience of the said town, or for preserving peace, order and good government within the same. 19. And the said town council of Beaufort may affix fines for offences against their by-laws, not exceeding eighty dollars for any one offence: which fines, when they exceed thirty dollars, may be recovered in the district court of Beaufort; and when they are under the sum of thirty dollars, before the said intendant and wardens, or any four of them. All which fines, when recovered, shall be applied to the use of the said town. 20. And the said town council may assess a tax upon all such negro slaves between the ages of fifteen and fifty, as usually reside during the fall months in the said town; Provided, That no such assessment shall in any one year exceed the sum of seventy-five cents for each such slave: And may also assess all the lots in the said town; Provided, That no such assessment shall in any one year be less than fifty cents, nor more than two dollars, upon any unimproved lots, nor less than fifty cents, nor more than five dollars, for each improved lot, at the discretion of the town council. Provided, That nothing herein contained shall authorize the said town council to make any by-laws inconsistent with, or repugnant to the laws of the land. And provided also, That all by-laws and ordinances they may make, shall at all times be subject to the revisal or repeal of the legislature. 21. And be it further enacted, That the said wardens shall, lens to keep each of them, have full power and authority, and they are hereby required to keep peace and good order in their respective wards, to issue warrants, and cause all offenders against law to be brought before them; and on examination, either to release, admit to bail, if the offence aforesaid be bailable, or commit to the custody of the sheriff of Beaufort district, who is hereby required and commanded to receive and keep the person so committed in safe custody until discharged by due course of law. To hear and small and mean causes: 2 22. And the said wardens, or any four of them, shall meet determine all whenever occasion may require, at some convenient and public place in Beaufort, to hear and determine all small and mean causes, agreeably to the directions of the act of the general assembly, and all other matters of complaint arising within the said town; and the intendant, and each and every of the said wardens for the time being, shall be vested with all the powers and authorities that justices of the peace are vested with by the laws of this state, and shall and may exercise the same in every part of the said town for the preservation of the peace and good order thereof. † And are vest ed with the powers of jus tices of the peace. 9 * A. A. 1747. P. L. 213. It is not certain, but it may be presumed that this is "the act of the general assembly" which is meant. † See Title 107, Justices of the Peace. TIT. 3. 23. And be it further enacted, That in case of tumult or riot, or appearance or probability of tumult or riot in the said town, the intendant shall immediately summon together the town A. A. 1803. council, and order the constables of the town, whom the said 2 Faust 230. council are hereby authorized to nominate and appoint, to at- In case of riot, tend, and who shall not exceed six; and such measures shall thereupon be taken as shall appear most adviseable for preventing or suppressing such riot or tumult. the intendant to summon the town council together. 24. And if any town constable shall neglect or refuse to Fines on conobey the order for attendance from the intendant, he shall for- stables and feit a sum not exceeding twenty dollars for every such offence: others for reand any other inhabitant refusing to obey the orders of the fusing to obey intendant, for the purposes of suppressing any riot or tumult, the intendant. he shall forfeit a sum not exceeding eight dollars for every such refusal. the orders of to which he 25. And be it further enacted, That immediately after the Each warden first meeting of the town council under this act, they shall to preside proceed to divide the town of Beaufort into six wards; and over the ward each warden appointed as aforesaid, shall, respectively, pre- may be apside over the ward to which he may be appointed; and exe- pointed. cute all the duties therein as are required herein. those who in 26. And be it further enacted, That the said town council The town shall have full power and authority, from time to time, to council may commit to close prison after conviction, in the gaol of Beau- imprison fort district, or the gaol in Beaufort, all such person and per- cur penalties sons who shall incur any penalties or forfeitures intended to under their be inflicted by any of the by-laws of the said corporation, pass- by-laws. ed conformably to the powers vested in them by this act; subject nevertheless, to all the benefits of the insolvent debtors' acts.* granting li censes; 27. And be it enacted, That from and after the passing of Town council this act, the sole and exclusive privilege of granting licenses vested with the power of for keeping taverns, retailing spirituous and other liquors, and for keeping billiard-tables within the limits of the said town of Beaufort, shall be, and are hereby vested in the town council thereof, who are hereby authorized to grant the said licenses upon the same terms and conditions, and liable to the same penalties, that the commissioners of the roads are at present authorized to grant them upon; and the monies arising therefrom shall be applied in all cases towards the benefit and improvement of the said town. 28. And be it enacted, That the town council shall hereaf- And are to ter be possessed of all the rights and powers, and be liable to perform the perform all the duties at present appertaining to the commis- duties of comsioners of the poor of Port Royal Island, and there shall be no the poor. future elections of the said commissioners of the poor as here tofore directed. † missioners of lic act; and 29. And be it further enacted, That this act shall be deem- This act to be ed a public act; and if any person or persons shall be sued for deemed a pubany thing done by virtue of this act, he may plead the general issue, and give this act and the special matter in evidence. See State Constitution, Art. 9. See Poor, Title 18 of this vol. TIT. 3. 30. And be it enacted, That this act shall continue and be of force for and during the term of fourteen years, and no To be of force longer. for 14 years. A. A. 1805. 31. Whereas, the intendant and wardens of the town of Beaufort have, by their petition, stated sundry inconveniencies Powers of the under which they at present labour; in remedy thereof, town council. How vacan cies in the of fice of wardens shall be filled. A. A. 1809. Boundary of the town of Beaufort al tered. Powers of the town council of Beaufort extended. Elections, when to be Be it enacted, That the town council of Beaufort, or a majority of them, shall be, and they are hereby authorized, during the existence of their incorporation, to fix and regulate the price and the assize of bread in the said town. 32. And be it further enacted, That when any vacancies in the office of wardens shall hereafter occur in the said town, that an election to fill the said up shall be held in the vacancy same manner, and the choice be made by persons possessed of the same qualifications, as in the annual election of wardens under the act for incorporating the said town. 33. And be it further enacted, That from and after the passing of this act, three wardens, or a majority of them, shall be competent to hold a court, with the same power heretofore vested in the court of wardens in the said town. 34. Whereas, the intendant and wardens of the town of Beaufort, by their petition to the legislature, have represented the urgent necessity and great importance of making some alterations in the boundaries of the said town: Be it therefore enacted, That from and immediately after the passing of this act, the following line shall constitute the boundary of the town of Beaufort, to wit: Commencing at the south end and on the west side of Hamar-street; thence running north on the same side of the said street, until it intersects Boundary-street; thence east on the north side of Boundary-street, until it reaches Port Royal river; thence directly east, across the channel of the said river; thence along the eastern and southern side of the said river, until it reaches a point directly south of Hamar-street, and thence directly north to Hamar-street. 35. And be it further enacted, That the town council of Beaufort, and their successors in office, shall and may have and exercise over all and every part of the tract of land included within the above boundary, all the power and authority which is vested in them over the town of Beaufort, by the act incorporating the same. 36. And be it enacted, That from and after the passing of this act, the election for intendant and wardens of the town held in Beau- of Beaufort, shall be held in the said town of Beaufort, on the fort. first Monday in August in each and every year; and that the intendant and wardens now in office, shall continue to exercise the powers and discharge the duties incident to their respective stations, until the first Monday in August next, any law, usage or custom to the contrary notwithstanding. A. A. 1810. Intendant and wardens of Beaufort to have the au. thority of commissioners of the roads. 37. Be it enacted, That the intendant and wardens of the town of Beaufort, and their successors in office, shall be, and hereby are invested with all the powers and authority of the commissioners of roads, and shall and may exercise the same, any where within the limits of the said town. |