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TIT. 4.

meet.

in rotation, meet once in every two months, or oftener if occasion requires, at the usual place, in Camden, for the pur

the town may poses directed in the before mentioned act for incorporating Camden, any thing therein contained to the contrary notwithstanding.

A. A. 1797.

2 Faust 180.

The intendant and wardens

peace, within

18. Whereas it would be convenient and useful to vest in the intendant and wardens of the town of Camden for the time being respectively, within the said town of Camden, all the powers and authorities usually exercised by justices of the peace of this state:

19. Be it therefore enacted, That the intendant and wardens of the town of Camden for the time being respectively, declared to be be, and the said intendant and wardens of the town of Camjustices of den for the time being respectively, are hereby declared to be the town, and justices of the peace to all intents and purposes, within the to be answer- said town; and may lawfully exercise the same powers and authorities, within the said town, which justices of the peace of and for any county within this state shall and may lawfully exercise within such county, and be subject to the same penalties and restrictions to which justices of the peace of this state are and shall be subject and liable to; any law or custom to the contrary notwithstanding.

able as such.

2 Faust 183.

Commission

ers appointed to lay out the town accord. ing to an extended plan.

A. A. 1798.

20. And whereas, The limits of the town of Camden have never been properly defined or fixed:

Be it therefore enacted, That William Lang, James Kershaw, John Kershaw, James Chesnut and Samuel Mathis, be, and they are hereby appointed commissioners for the purpose of surveying and laying out, at the expense of the said town, and ascertaining, by metes and bounds, the boundaries of the town of Camden, according to a plan thereof, laid out by the late col. Joseph Kershaw, deceased, commonly called the extended plan of Camden; and that the aforesaid commissioners do report an accurate plan of the boundaries of the said town, to be laid before the next legislature, to the end that the same may be established by law.'

*

21. Whereas, in and by an act of the legislature of this 2 Faust 226. state, William Lang, James Kershaw, John Kershaw, James Chesnut and Samuel Mathis, were appointed commissioners to survey, lay out and ascertain the boundaries of the town of Camden, and were directed to report a plan thereof, to the end that the same might be established by law :† And whereas the said commissioners have accordingly reported a plan thereof, and suggested that a considerable degree of benefit would accrue to the inhabitants of the said town, if the limits were extended so as to include the lands lying between Pinetree creek and the southern and eastern part of the town, from a post-oak, near the bridge, on the Charleston road, to where De Kalb-street continued intersects Little Pinetree creek; and have recommended that two certain streets, the one called Wyly-street, and the other called Mulberry-street, (represented by the plan annexed to the said report) be established as a part of the said town:

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TIT. 4.

of the survey.

or-general.

22. Be it therefore enacted, That the plan so returned by the said commissioners, including Wyly and Mulberry-streets, agreeable to the said plan, be, and is hereby established as A. A. 1798. the plan of the said town. And that the lands lying between 2 Faust 226. The boundaPinetree creek and the southern and eastern part of the town, ries thereof from a post-oak near the bridge on the Charleston road, to established, where De Kalb-street continued intersects Little Pinetree &c. according creek, agreeable to the plan returned by the said commission- to a plan, to ers, be, and are hereby declared to be within the jurisdiction be recorded of the town of Camden and the corporation thereof, so that in the office the boundaries of the said town shall be as follows, that is to say: Beginning where De Kalb-street intersects Little Pinetree creek, thence down the old bed of the creek, to a postoak on the bank of the creek, below the bridge aforesaid, marked with three notches and a cross, thence across the creek, in a direct line, north, eight degrees west, until it intersects Mulberry-street, on the west side of Broad-street, thence along Mulberry-street, on the south side thereof, until it intersects Wyly-street, at a post on the west side of it, thence along Wyly-street, on the west side thereof, until it intersects Boundary-street at a post on the north side of it, thence along Boundary-street, on the north side thereof, until it intersects Mill-street, at a post on the east side of it, thence down 2 Faust 227. Mill-street, on the east side thereof, until it intersects De Kalb-street, at a post on the north side of it, and thence along the north side of De Kalb-street, to the beginning.

23. And be it further enacted, That the surveyor-general be, and he is hereby directed to record in his office, the said plan and report; and that a copy of the said plan, certified by the surveyor-general, be annexed to this law, and recorded therewith in the office of the secretary of state, to be in future referred to, if necessary, in any dispute that may hereafter arise with regard to the boundaries of the said town of Camden.

24. And be it enacted, That the intendant and council of A. A. 1809. the town of Camden, are hereby declared to possess, and are Town council invested with all the powers and privileges of the commission- vested with the powers of ers of the public roads, and are hereby empowered to exercise commissionand enforce the same within the limits of the said town of Camden, and no further.

ers of roads:

ed to class

of spirituous liquors :

25. And be it enacted, That the intendant and council of Also authorizthe said town of Camden, are hereby authorized and empow- the retailers ered to class the retailers of spirituous liquors, who reside within the limits of the town of Camden, and to affix different rates to the licenses of the classes of retailers of spirituous liquors: Provided, no class be assessed at a higher rate than fifty dollars for their license to retail.

26. And be it further enacted, That the intendant and coun- And also aucil of the town of Camden be, and they are hereby authorized thorized to and empowered to assess and levy a tax on all improved or levy a tax on occupied lots in the said town of Camden, sufficient to com- said town. plete and keep in repair a good well of water:

27. Provided, The person or persons owning such lots, do not have and keep a good well of water for each and every

the lots in the

TIT. 4.

A. A. 1809.

Who may vote for intendant and wardens in the town of

Camden.

lot by them improved or occupied: And provided also, That the sum or sums to be assessed as aforesaid, does not exceed one per cent. on value of such lots.

28. And be it further enacted, That from and after the pas sing of this act, all free white male inhabitants of the said town of Camden, of twenty-one years of age, who shall have paid a tax the preceding year, towards the support of the government of this state, or hath any lot or other taxable property within the said town, or pays any tax into the funds of the same, shall be entitled to ballot for intendant and wardens, any law, usage or custom to the contrary thereof notwithstanding. [See Title 98, Inland Navigation.-Country Produce and Manufactures, Title 8 of this vol.]

TIT. 5.

TITLE 5.

Charleston.

A. A. 1713. 1. EVERY person building as aforesaid, with brick, shall P. L. 108. have liberty to set half his partition wall in his next neighAny person bour's ground, so he leave a toothing in the corner of such building with brick, may set wall, for his neighbour to adjoin unto, who when he shall build, half his parti- such neighbour adjoining shall pay for one half of the said partition wall, so far as he makes use of the same.

tion wall on

his neighbor's ground.

No person to keep any hay

or straw in their houses in Charles

town.

A. A. 1740.
P. L. 170.

ed to barter,

mission.

2. If any action, plaint, suit or information shall be commenced and prosecuted against any person or persons for what he or they shall do in performance or execution of this act, such person or persons so sued, may plead the general issue not guilty, and upon issue joined, may give this act and the special matter in evidence, and if the plaintiff or prosecutor shall become nonsuit, or suffer discontinuance, or if a verdict pass against him or them, the defendant or defendants shall recover his or their treble costs, for which he or they shall have the like remedy, as in cases where costs by law are given to the defendants.

3. No slave who shall dwell, reside, inhabit or be usually employed in Charlestown, shall presume to buy, sell, deal, Slaves allow traffic, barter, exchange or use commerce, for any goods, &c. in Charles- wares, provisions, grain, victuals, or commodities of any sort town, by per- or kind whatsoever, (except as is herein after particularly excepted and provided, and under such provisos, conditions, restrictions and limitations as are herein particularly directed, limited and appointed) on pain that all such goods, wares, provisions, grain, victuals or commodities, which by any slave shall be so bought, sold, dealt, trafficked or bartered for, exchanged or used in commerce, shall be seized and so forfeited; and shall be sued for and recovered before any one justice assigned to keep the peace in Charlestown, and shall be applied and disposed of, one half to him or them who shall

TIT. 5.

seize, inform and sue for the same, and the other half to the commissioners of the poor of the parish of St. Philip, Charlestown; and moreover, the said justice shall order every A. A. 1740. slave who shall be convicted of such offence, to be publicly P. L. 170, whipped on the bare back not exceeding twenty lashes.

4. Provided, That it shall and may be lawful for any slave, who lives or is usually employed in Charlestown, after such license and ticket as herein after is directed, shall be obtained, to buy or sell fruit, fish and garden stuff, and to be employed as porters, carters or fishermen, and to purchase any thing for the use of their masters, owners, or other person who shall have the charge and government of such slaves, in open market, under such regulations as are or shall be appointed by law concerning the market of Charlestown, or in any open shop kept by a white person.

5. And whereas, by reason of the loss of the original plat or A. A. 1746. model of the said town, and by means of sundry erroneous P. L. 211. surveys and plats thereof, divers errors have been committed, by the owners and possessors of town lots near the aforesaid streets, in meting out and fixing the boundaries of their re

spective lots: It is hereby enacted, That the plat of re-survey Plat of re-surso made and certified as aforesaid, shall be and remain of re- vey of the cord in the secretary's office of this province, to the intent that all persons concerned may have recourse thereto.

6. And, for the more especial benefit and direction of all persons having right or title to lots or lands not yet meted out or ascertained, Be it further enacted, That the boundaries of the several lots within the said re-survey, shall always hereafter be held and taken as the same is described and laid down in the said plat, and not otherwise. And the several partition fences shall be moved by the commissioners of fortifications, and placed according to the said survey.

town.

7. And whereas the quantity of two acres, one rood, and one perch of land, lying to the north-west of the ditch between the two westernmost bastions and the town line, is by the said works cut off from any convenient communication with the town, and thereby rendered of little service to the proprietors; and as there is no place allotted for a negro burying-ground: Be it further enacted, That the same be and is hereby allotted Negro bury, for a negro burying-ground for ever. And a convenient pas- ing-ground. sage to the said negro burying-ground shall be laid out through the glebe land, by the commissioners of fortifications. And the owners of the said land hereby allotted for a negro burying-ground, shall have satisfaction made to them out of the fortification fund.

8. And the same shall be valued by two indifferent persons, one to be named by the said owners, and the other by the said commissioners as aforesaid: And in case of their not agreeing then by an umpire as aforesaid.

9. Be it enacted, That when the said intended poor-house A. A. 1768 and hospital shall be completely finished and inclosed, accord- P. L. 263-4. ing to the directions of the said commissioners for the time Poor-house. being, or a majority of them, the said poor shall be placed therein, and managed according to the direction of the several

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TIT. 5.

A. A. 1768.

laws in force concerning the poor; and the present work-house shall be made use of only as a house of confinement and correction, and shall be kept for that use and purpose only; and P. L. 263-4. all fugitive seamen, run-away slaves, vagrants, and disorderWork-house; ly persons, bond or free, from henceforward shall be commitdisorderly ted to, and detained and punished in the said work-house and persons, bond and free, to be house of correction, and otherwise dealt with as by law they ought, and under the inspection, care, authority and direction of such justices, parish and other officers as the said last mentioned disorderly persons and fugitives are now dealt with, and managed according to law.

confined

therein.

A piece of ground allot ted for the burial of strangers and transient persons.

A, A. 1783.
P. L. 327.

Incorporated.

10. And whereas, by the increase of inhabitants in, and resort of strangers and transient persons to Charlestown, the church-yards or burying-grounds of the parishes of St. Philip and St. Michael are now found to be insufficient for the interment of such persons as happen to die in the said town; and it may be attended with dangerous consequences to the health of the inhabitants of the said town, if some other proper place is not by law appointed for the above necessary purpose: Be it therefore enacted, That part of the public land, near or adjoining to the old barracks and powder magazine, which was anciently a burying-ground or cemetery belonging to the parish of St. Philip, shall, from and after the passing of this act, be appointed for, and deemed and held to be a burying-place for the interment of strangers and transient white persons; and that the corpse of any such persons, shall not hereafter be buried in either of the church-yards of St. Philip or St. Michael, Charlestown, without special leave for that purpose is first obtained from the church-wardens of each parish respectively: And the church-wardens and vestry of the parish of St. Philip, are hereby authorized and required to cause the said buryingground, hereby established for strangers and transient persons, to be immediately inclosed and fenced in with good cedar posts and cypress boards for the purposes aforesaid, the cost and expenses of which shall be paid by the public of this province : And the accustomed fees and perquisites of funerals, which shall arise from interments in the said ground so to be inclosed, shall belong and be paid respectively to the rector, register, clerk, and sexton of the said parish of St. Philip.

11. Whereas from the extent and population of Charlestown, its growing importance both with respect to increase of inhabitants and an extensive commerce with foreign nations, it is indispensably necessary that many regulations should be made for the preservation of peace and good order within the same: And whereas, from the many weighty and important matters that occupy the attention of the legislature at their general meeting, it has hitherto been found impracticable, and probably may hereafter become more so, for them to devise, consider, deliberate on, and determine all such laws and regulations as emergencies, or the local circumstances of the said town may from time to time require:

12. Therefore be it enacted, That from and immediately after the passing of this act, all persons, citizens of the United States, and residing one year within the said town, or having

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