ill 111; I I I I I I til II i ) II i"iiniir'i!!i!'p!ir !"''!' THE REVISED ORDINANCES OF THE City of Charleston, SOUTH CAROLINA. REVISED AND CODIFIED BY DIRECTION OF THE CITY COUNCIL. . ' > "■■ , jt o '111 ^ . •> ,^ ■» • ' •> -J-^) ' ■ , I J ■ . »— J CHARI,ESTON, S. C. Walker, Evans & Cogswell Co. Printers. 1903. ^: V ^{JC c. CONTENTS. ORDINANCES. CHAPTER PACE. I — City Seal i II — The Mayor 2 III — Judicial Department 5 City Court — Recorder — Corporation Counsel — Clerk — Sheriff. IV — Financial Department 17 Treasurer — Assessor — Assessment and Taxa- tion — Accounts — Ticket Brokers — Cancellation of Licenses — Sinking Fund. V — Street Department 55 Superintendent of Streets — Streets — Vacant Lots — Cellar Doors — Lamps and Lamp Posts — — Trees — Wharves — Mill Ponds — Tidal Drains — Drains — Sewers — Water Works — Wells and Pumps — Electric Wires and Poles — Sub-Ways and Underground Wires. VI — Health Department 109 Board of Health — Health Officer — City Dispen- sary Physicians — Births and Marriages — Privies and Vaults — Low Lots — Interments and Ceme- teries. VII — Department of Charities ' 140 Alms House — Ashley River Asylum — Orphan House — City Orphan Asylum — Industrial School for Colored Orphans — William Enston Home — Bathing Houses. VIII — Freight Commissioners — Freight Bureau 159 IX — Department of Education 161 College of Charleston — High School — City Scholarships in the S. C. Military Academy. X — Police Department 168 Chain Gang — Police Force — Fire Department — Fire Escapes. A'*U*'' U»"*k« A A ^ -. 1^ CONTENTS. CHAPTER. PAGE. XI— Market , i88 XII — Inspections — Weights, Measures, Etc 207 Clerk of Weights and Measures — Weights and Measures — Coal — Fire- Wood — Corn and Oats — Bread — Timber and Lumber. XIII — Buildings — Chimneys — Chimney Contractors 225 XIV — Bicycles — Carriages — Automobiles — Carts — Drays — Horses — Dogs 238 XV — Cotton — Gunpowder — Inflammable Oils — — Naval Stores — Fireworks — Kites, Etc. — Distilleries — Bake-houses, Etc. — Junk Shops and Pawnbrokers 256 XVI — Railroads — Steam Engines — Street Rail- ways , '. 272 XVII— Disorderly Behavior and Houses — Disorderly Persons — Gambling — Sunday 283 XVIII-CiTY Officers — Official Bonds — City Sur- veyor AND Assistant City Surveyor — Clerk OF Council — Mayor's Secretary and Cus- todian of the City Hall 293 XIX — Park Commissioners — Parks and Pleasure Grounds 306 The Battery — White Point Garden — Colonial Common — Washington Square — Marion Square . — Wragg Mall. XX — Miscellaneous — Names of Streets Changed 314 Dispensary. J APPENDIX. Franchise granting Right of Way through Streets OF City to Charleston City Railway Company 319 ACTS OF THE GENERAL ASSEMBLY. Beggars , 366 Board of Health 382 Buildings 366 Chain Gang Law 364 City Charter 330 City Court 405 City Taxes a Lien 361 Contracts with City Officials Unlawful 404 Fire Department 379 Low Lots 387 Municipal Election, Time of 411 Orphan House (Escheats) 391 Police 392 Registration of Voters for Municipal Elections 355 Sewerage 394 Stocks and Bonds 400 Streets 395 Taxation 363 Voting Precincts _ 351 Wards 347 Water Works, Etc 404 > 5 > 3 ■....■.•,K,-:-^.^i'U •:;.'•■. AN ORDINANCE TO REVISE AND CODIFY THE ORDINANCES OF THE CITY OF CHARLESTON IN FORCE ON THE 27TH. DAY OF OCTOBER ANNO DOMINI ONE THOUSAND NINE HUNDRED AND THREE. Be it ordained by the Mayor and Aldermen of the City of Charh\<;ton, in City Council assembled, That CHAPTER I. CITY SEAL. Section i. The Seal of the City of Charleston seai of the city, is described as follows : On the right in the fore- ground is a female figure seated, her right arm raised and forefinger pointing, her left arm down and left hand holding a sceptre ; on the left is a ship under full sail ; in the background is a water view of the City, with the steeples towering; immediately below the female figure are the words, "Carolopolis Con- dita A. D. 1670;" encircling the whole are the following inscriptions in Roman capitals : "Aedes mores juraque curat." "Civitatis Regimine Donata THE MAYOR. A. D. 1783." Which Seal, represented as aforesaid and hereto annexed shall be and is hereby estab- lished and declared to be the common Seal of the City of Charleston. Custodian of Sec. 2. The City Treasurer shall have the ciis- ^^^'" tody of the Seal of the City, and the same shall be carefully preserved and kept by him at all times in his office. CHAPTER II. THE MAYOR. Aug. 25, 1836, §1 The Mayor deemed to be Chief Executive Officer. His duties. Sec. 3. The Mayor of the City shall be taken and deemed to be the Chief Executive Officer of the Corporation of the City of Charleston ; and in addi- tion to the powers and duties now exercised and required of him by law or Ordinance, it shall be his duty to be vigilant and active at all times in causing the Ordinances and laws for the government of the City to be duly executed and put in force ; to inspect the conduct of all subordinate officers in the government or management thereof; and, as far as in his power, to cause all negligence,^ care- lessness, and positive violation of duty to be duly thp: mayor. prosecuted and punished ; for which purpose he shall have all the powers now vested in any of the Alder- men, or in any member of the different boards under the authority of the City; and if any person shall oppose or interrupt, assault, or refuse to obey the lawful order of the Mayor in the discharge of the duties of his office, such person shall be liable to the same penalties as are imposed for similar offences committed against the Aldermen, or the members of the said board, respectively. Sec. 4. The Mayor shall have power, whenever, in his judgment, the good of the City may require it, to summon meetings of the City Council, although their meeting may stand adjourned to a more distant day ; he shall call extra and special meetings when requested in writing to do so by one- third of the whole number of Aldermen elected ; and he shall, from time to time, communicate to the City Council all such information, and recommend all such measures, as may tend to the improvement of the finances, the police, health, security, cleanliness, comfort, and ornament of the City ; and he shall have power to fill all vacancies in the Boards of Commissioners appointed by him. Sec. 5. The Mayor shall have the exclusive direction of the police, or in case of his absence or inability to act. the Mayor Pro Tem. It shall also be the duty of the Mayor, in case of disobedience or misconduct of any one of the officers of the police, to prefer charges against him ; and the officer shall be tried by City Council as hereinafter or- dained. And it is hereby further declared to be the special duty of the Mayor to take all proper measures for the suppression of riots and the pre- servation of public order, for which purpose he is hereby authorized to require all the city officers, and, if necessary, to call upon the citizens to aid and assist him ; and he is authorized to use the police Penalty for op- posing his lawful orders. lb., §2. Mayor empow- ered to summon extra meetings of Council, S:c. lb., §4. Charged with the discipline of the police. Mayor may bring officers of the police to trial. To suppress riots and preserve public order. THE MAYOR. Ti) make re- jjorts to Council. lb., S 6. Power to i.-- spect books and records of City Officers, &c. lb., S 7- To examine assessments. To examine T r e a s u r e r ' s l)ooks. lb., § 8. To inspect City work. and such portions of the miHtia as may on his requi- sition be furnished by the proper officer in promptly and effectuahy putting down and suppressing riots, which may be excited in violation of the peace and good order of the community and in defiance of the laws. And it shall be his duty, from time to time, to make reports to Council touching the condi- tion of the public institutions of the city, and to recommend measures for their improvement. . Sec. 6. The Mayor shall have power to inspect such of the books, papers, and records, of the public officers of the City, and of the boards under the authority of Council, as may in his opinion be neces- sary to enable him to discharge the duties imposed upon him ; and may call upon all officers of the City and of the said boards to furnish him in writing with any information connected with the respect- ive offices. Sec. 7. The Mayor shall examine the assessments of property made by the City Assessor, and ascer- tain whether proper measures are taken for the col- lection of taxes ; and, with the members of the Committee on Accounts, shall examine the books of the City Treasurer monthly, compare the receipts and expenditures with the proper vouchers, and report the result of such examination at the first meeting of Council thereafter. The Mayor shall also examine the returns of the City Sherifif of all tax executions which may have been lodged in his office for collection. Sec. 8. The Mayor shall have full power, and it is made expressly his duty, to inspect all the work going on from time to time at the expense of the City, whether of paving, building, sinking or clean- ing drains, assessing and widening streets, or of any other nature whatsoever, and report to Coun- cil their progress and the economy with which they may be conducted. CITY COURT AND RFXORDER. " 5 Sec. 9. The Mayor shall have power to give ^^^ ^ 9- such directions to the police, and to all other execu- ^. '^'o gi^e direc- A ^ tions to police. tive officers in the service of the City, as may be necessary to carry the Ordinances 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 necessary. Sec. io. The Mayor shall open an office at the ^^■' ^ '"■ Council Chamber, for the transaction of public l)us- ^ To have an of- ^ . nee in Council iness, which office shall be kept open during such chamber, hours as he may from time to time prescribe by public advertisement. Sec. II. It shall be the duty of the Mayor, as Mayor to make soon after tlie close of each year of his term of office the""^severrr%°e- ( including the last year thereof) as is practicable, Pft?.'"^"'' °^ *^' to present to the City Council the annual reports of the several departments of the city government for the previous year, reviewing the same with such recommendations in relation thereto as may seem to him advantageous to the public service, and cause pHnted ^°and the same to be printed and bound in the usual form. bound. Sec. 12. For his services the Mayor shall If^- ^' '^^'• 30. If receive an annual salary of three thousand five hun- dred dollars, payable monthly. Salary. CHAPTER TIT. JUDICIAL DEPARTMENT. CITY COURT RECORDER CORPORATION COUNSEL CLERK SHERIFF. Sec. 13. A term of the City Court shall be held Feb. 5, i«;4. on the first Monday in every month to continue for Mar. 25, 1902. four weeks, unless the business of the Court shall Terms. CITY COURT AND RECORDER. lb., § 2. Jury Commis- missioners. Jurors. Drawing of Jury. be sooner disposed of : Provided, That no jury shall be drawn for any term, unless by order of the Recorder. Sec. 14. The Clerk of the City Court, the City Treasurer and the City Assessor shall constitute the Board of Jury Commissioners for the City Court of Charleston : Provided, in case any member of the Board of Jury Commissioners fail to attend for the purpose of drawing a jury, a majority of the Board may act. The City Sheriff shall on the first day of January each year, provide a list of twenty- five hundred legally qualified jurors, from which list the Board of Jury Commissioners shall cause the names to be written, each one on a separate paper or ballot, and shall fold up said pieces of paper or ballots so as to resemble each other as much as possible, so that the names written thereon shall not be visible on the outside, and shall place them with the said list in a box to be furnished to them by the City Council of Charleston, which box shall be in custody of the Clerk of Court. The jury box shall be provided with three locks, each different. The key to one lock shall be kept by the Clerk of the City Court, one by the City Treasurer and one by the City Assessor, so that no two of said Commis- sioners shall hold keys to the same lock. When jurors are to be drawn, the Board of Jury Commis- sioners shall attend at the office of the Clerk of the City Court, and in the presence of the Sheriff shall shake up the names of the jury box until they are well mixed, and having unlocked said box, the Board of Jury Commissioners, oi" a majority of them, shall proceed to draw therefrom, without seeing, the names written thereon, a number of ballots equal to the number of jurors required, and which jury shall be summoned for the trial of causes in like manner and under the same penalties as are estab- lished by law and usage in the Circuit Court : Pro- CITY COURT AND RECORDER. lb., § 3. Sheriff to pro- /ide a jury list. lb., § 4- Sep. 22, 1874, §1. Practice pleadings. and vided, That no venire facias shall at any time issue for more than eighteen jurors to serve at one Court, from .whom a jury (or two juries, if the Recorder shall regard more than one jury necessary for the proper dispatch of the business before the Court,) shall be empanelled ; and in case of non-attendance of the jurors so drawn and summoned, their places may be supplied by talesmen, drawn in the usual mode ; but no person shall be liable to serve twice until all the names in the said jury box shall be drawn out. Sec. 15. The City Sheriff is hereby required to cause to be made a jury box and to provide a jury list of all persons qualified according to law to serve as jurors in the said Court. Sec. 16. The practice and pleading in the City Court shall be the same as in the Circuit Court; Pro- vided, That in no case in which the City Council shall recover judgment, shall costs be charged against the City. Sec. 17. Whenever, and as often as the ofiice of Recorder shall become vacant, a Recorder for the City of Charleston shall be elected by the City Coun- cil by ballot, and be commissioned by the Mayor during good behavior; and the Recorder so elected, before he enters upon the execution of his office, shall, in addition to the oath prescribed by the Con- stitution and laws of the State, take the following- oath of office, to wit: "I. A. B., do solemnlv swear , <^^?;"' .°f "**\^'" to be taken by that I will well and truly discharge the trust reposed Recorder, in me, as Recorder of the City of Charleston, by administering justice according to law and the Or- dinances of the City Council, in the City Court, wherein I am appointed to preside, according to the best of my knowledge, judgment and ability, without malice or partiality; that I will not take any fee, gift, or gratuity, except such as may be allowed me by law, or Ordinance of the City Council, for Apl. 14, 1802, %b. Recorder to be elected by Coun- cil. 8 CITV COURT AND RECORDER. To make rules for the Police Court. May require the attendance of the police and City Sheriff. Persons ruptin the ceedings of lice Court arrested. inter- ])ro- Po-' to be Penalty. any thing to be done by me, in virtue of my said office; and that I will, without being influenced by fear, favor or affection, do equal justice and right to all manner of people, both high and low, rich and poor, without any distinction whatsoever ; and that I will likewise, during my continuance in the said office, truly, faithfully and impartially dis- charge all the other duties thereof prescribed, or to be prescribed by any of the City Ordinances, or resolves of the City Council. So help me God." It shall be the duty of the Recorder to hold a Police Court daily at the Main Station at such hour as he may fix, and he shall have power to make such rules and regulations, not inconsistent with the laAvs of the land, for conducting the business of the Court as may be necessary for the dispatch of the same, the preservation of order and the furtherance of public justice; and he may require the attendance of any of the officers or members of the police, the City Sheriff and his deputies, whenever their pres- ence may, in his opinion, be necessary for the safe keeping of the prisoners, or the suppression of any riot or disorder; and it shall be the duty of such officers to arrest and commit to the Guard-house all persons guilty of any riotous or disorderly conduct, or who may in any other manner unlawfully inter- rupt the proceedings of the said Court, to be dealt with according to law ; and every person so offend- ing shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not less than twenty dol- lars nor more than one hundred dollars, to be re- covered before any Court of competent jurisdiction, or to imprisonment not more than thirty days ; and may, moreover, be required to give security for his good behavior. And it shall be the duty of one of the officers of the police to be in constant attendance on said Court, and to take the proper measures for the safe keeping of the prisoners, and for carrying into effect the orders of said Court. C ITV COURT AND KIXOKUER. Sec. i8. If the Recorder shall absent himself ^'^^ ^ ^• from the City, or nes:lect to attend the Citv Court, office vacated if "^ . ' . Kecorder shall ab- for the space of three months in any one period sent himself or 1 -1 1 r 1 r^- ^- ■^ r i 1 neg'ect his du- together, without leave ot the City Cotincil hrst liad ties. and obtained, such absence or neglect shall abso- lutely vacate his office, and the City Council shall proceed to elect another person as Recorder in his stead. Sec. 19. It shall be the duty of the said Recorder .Tuiy29, 18^5, §2. to report to the corporation whenever required by Recorder to re- ^, , ■ ■ ■ . . . , . , port his opinion them, his opinion m writing", as to any point or on points of points of law submitted, which iPxay relate to the him. interest or concerns of the City, and to afford his counsel upon all legal subjects which may from time to time arise and be submitted to him, or which may be required of him by any Ordinance or resolve of the City Council : Provided, That nothing herein contained shall be construed to impose any obligation upon the said Recorder to appear as an advocate and plead in the Courts in any case in which the corporation of the said City may be interested or concerned. Sec. 20. That the Recorder of the City of Recorder t o . ....'. sentence persons Charleston, or any Magistrate having jurisdiction convicted of vio- c rr -ii- ri/— • r '^tion of City 01 oriences against the ordinances of the City of Ordinances to Charleston, be, and they are hereby authorized, in the streets, etc. their discretion, to sentence persons convicted in the Police, City or Magistrates' Courts of violating the ordinances of the city, to hard labor on the streets, squares, alleys and lanes of the City of Charleston for such a number of days (not exceed- ing thirty), as the offence may deserve. That all persons so sentenced shall be worked under the direction and control of the Superintendent of Streets and Committee on Streets of the City of Charleston. Sec. 21. The City Recorder shall receive as a Mar. 12,1844, §i. compensation for his services an annual salary of ^ar. 26, 189s. Salary of Re- corder. 10 CORPORATION COUNSEL. Dec. 29, 1837, Aug. 13,1851, Feb. 28, 1893, Apl. 13,1897. Salary Clerk. §1. §1. §1. o f Feb. 27, 1903. fifteen hundred dollars, payable monthly out of the City Treasury. Sec. 22. That at the first res^ular meetino: of Council in January A. D. 1906, and at the same time in every fourth year thereafter, thert shall be elected a Clerk of the City Court, who, as a compensation for all his services in attending the City Court, and performing such duties as may be required by the Recorder, and in lieu of all charges for costs in cases in the City Court where decrees may be against the City, shall receive the annual salary of $150.00, payable monthly. Corporation Counsel. Dec. 23, 1873, §1. Election. April 13, 1897. lb., § 2. Duties. May 17, 1897. Sec. 2^. On the second Tuesday in January A. D. nineteen hundred and six, and on the same day in every fourth year thereafter, there shall be elected by the City Council an officer whose desig- nation shall be the Corporation Counsel of Charles- ton. Sec. 24. The duties of said Corporation Counsel shall be as follows : He shall enter appearance in all actions, cases and special proceedings, and con- duct all suits in all Courts in which the City of Charleston is or shall be a party and examine titles, prepare deeds and other instruments required by his office, and by this body, with reference to the cases in which he appears. He shall prosecute escheats, investigate titles, give opinions on questions of law when requested by this body, and he shall do ever}^ professional act incident to his office which may be required by the City Coun- cil, any committee thereof or any ordinance or resolution. He shall furnish to the Mayor, City Council, any committee thereof, or to any officer who may require it in the official discharge of his duties, his legal CORPORATION COUNSEL. 11 opinion on any and all matters relating to the duties of their respective offices. He shall draft such bonds, deeds, obligations, con- tracts, leases, conveyances, agreements and other legal instruments of whatever nature which may be required of him by any ordinance or resolution, or by any order of the Mayor, the City Council or any committee thereof, or which may be required by any person contracting with the City, which by law, usage or agreement the City should furnish. He shall when requested by the Mayor or the City Council appear before the Legislature or any committee thereof, and there represent the interests of the City. He shall pay monthly to the Treasurer of the said City all sums received for the said City by him, as the legal representative thereof : Provided, however, that he may pay over such mone3^s as he may collect on cases in his hands to the several departments of the City from which he shall have received such cases. He shall report annually to Council the num- ber and condition of the cases in which he shall have entered appearance, and shall within three weeks from the day of his election, enter into bonds for five thousand dollars, with one or more sureties, for the faithful performance of his duties, and the pay- ment of all moneys as hereinbefore provided. It shall be the duty of the Corporation Counsel to consult with the Mayor as to the best method of handling all matters referred to him by the Mayor, and to conduct and dispose of all cases placed in his hands by the Mayor in such manner as the Mayor may direct. Sec. 25. The salary of the Corporation Counsel Feb. 14, issj. shall be eighteen hundred dollars per annum, payable ^^'^^ ^' ' ^^' monthly -.Provided, That for services rendered be- yond the limits of the Cit}4, such actual traveling Salary — Clerk. 12 SHERIFF. Dec. -'3, 1873, Ss- Mayor author- ized to employ additional coun- sel. and hotel expenses shall be allowed, as are reason- able and jnst. He shall also be authorized to ap- point a clerk who shall be under his control and direction, to perform such duties as he may require; such clerk to receive a salary of $300 per annum, payable monthly. Sec. 26. The Mayor, in his discretion, shall be authorized, on particular occasions, to engage the services of additional counsel, the compensation for said services to be provided by the City Council. Sheriff. .Vjil. 14, 180J, § I. Election and term of office. Oath of ofiice. Nov. 10, 1896. Under Sheriff. Sec. 22. The Sheriff of the City shall be elected by the City Council, by ballot, and be commissioned by the Mayor for a term of four years, and the person so elected shall take the oath of allegiance to the State, and also the following oath, viz. : "I do solemnly promise and swear (or affirm) that I will well and faithfully serve the City of Charleston, in the office of Sheriff, according to the best of my skill and ability ;that I will do equal right to all persons, high and low, rich and poor, without malice, favor or affection ; that I will well and truly return and execute all process, writs and executions directed to me, according to any Act of the Legis- lature or ordinance of the City Council ; that I will not take any fee, gift, or gratuity, except as may be allowed me by law, for anything to be done by me in virtue of my said office ; and that I will justly and faithfully render a stated account of all moneys received by me on account of the corporation to the Mayor or City Council once in every month and pay the same into the treasury of the City. So help me God." The Sheriff of the City shall be, and is hereby authorized and empowered to appoint an Under Sheriff, subject to the approval of the Mayor, to SHERIFF. 13 aid him in the duties of his office, at a salary of nine hundred dollars per annum, payable monthly, out of the city treasury. The Sheriff shall have power at all times to remove said Under Sheriff, and, with the approval of the Mayor, to appoint another in his place. Nothing herein contained shall be construed to exempt the said Sheriff from liability for the misconduct or malfeasance of said Under Sheriff' so appointed. The said Under Sheriff shall take the oath above prescribed to be taken by the Sheriff except the latter sentence of the same previous to entering upon his duties. The Sheriff shall make all proclamations, issued by order of the Mayor, which concern the interest of the City, without any extra fee or reward. The said Sheriff, Under Sheriff and Deputy Sheriffs, shall be liable to all such other duties, and invested with all the powers and authorities within the jurisdiction or the limits of the City, that Sher- iffs, Under or Deputy Sheriffs, by the laws or cus- toms of this State, have usually been liable to, or have exercised. And if any person shall resist or oppose the Sheriff, or any Under or Deputy Sher- iffs, in the lawful execution of the duties of his or their office, every such person shall, upon conviction in any Court of competent jurisdiction, be fined in any sum not exceeding eighty dollars. And every Under or Deputy Sheriff shall produce his deputa- tion whenever the same shall be lawfully demanded by any person whomsoever. Sec. 28. It shall be the duty of the City Sheriff to keep a book, wherein he shall enter an account of all moneys received by him in the execution of his office, for the corporation, which book shall be con- sidered, and hereby is declared to be a public record, and to be left by the said Sheriff in the office at the expiration of his term of office. The said Sheriff shall, at the expiration of every month, lay an Salary. DeiJiities. To make all proclamations. Penalty for op- posing City Sher- i ft". Oct. 10, 1826,, S9. To keep a book in which shall be entered an ac- count of all mon- eys receiver!. To render a monthly account of moneys. 14 SHERIFF. attested statement of all moneys received by him on account of the corporation, before the City Council, and shall pay over the same within the said period of one month, to the City Treasurer ; and if the said Sheriff shall refuse or neglect so to do. he shall for- Penaity. fcit and pay, for the use of the City, the sum of fifty dollars for every such neglect, together with a fine of five per cent, per month on the amount received by him, and not accounted for, or paid over within the period aforesaid ; to be sued for and recovered in the City Court. Sep. 1, 1825, §1- Sec. 29. It shall be the duty of the City Sheriff, To make return at Certain pcriods in every vear, to wit : On the first on ist Tune and , - -p , 1 r 1 r t->v 1 DecembeV upon day ot Juuc, and on the first day oi December, to ffon! ^'' ^^'^ make a full and just return on oath, to the City Treasurer, upon each and every tax execution which may have been lodged in his office by the City Treasurer, or by the direction of the City Council ; and upon all other claims due the said City, which may have been lodged in his office for collection, by order of the City Council, or by any of the City officers, by their authority, or under any of the City Ordinances ; and he is hereby further required, upon making such return, to furnish the said City Treas- urer with an abstract or schedule, in which shall be distinctly noted the names of all persons against \\hom such tax executions have been issued ; and of such persons by whom any of the claims may be due and owing which he has been directed to collect as above mentioned ; the amount due by each, and a memorandum of the nature of the return ; and upon his failing to make such return, the said Sheriff shall be charged with the amount of the said tax executions, and other claims in behalf of the City, which may have been placed in his hands as afore- said ; and if, in making his return the said City Sheriff shall omit any one or more tax executions, or the name of any person by whom any of the SHERIFF. 15 Other claims mentioned above may be due and owing, he shall be charged with the amount thereof. ib., §2. Sec. 30. It shall be the duty of the City Treas- cuy Treasurer urer, in every year, at the first meeting of the City coundr^° whet her Council, after the first days of June and December, ^^^^ refjrns ''^^ to report to the said City Council whether the said City Sheriff has made his return as above required ; and if the return be made, to lay before Council the schedule or abstract furnished to him by the City Sheriff, as above directed; and if the City Sheriff" shall fail to make his return, it shall be the duty of the said City Treasurer to place the ofiicial bond of the said City Sheriff in the hands of the Corporation Counsel, and to cause suit to be commenced upon the same forthwith, against the said City Sheriff and his securities, and report such proceedings to Council. Sec. ^i. The person elected to the office of City Oct. 10,1826, ss. ^ '■ . . . -^ Dec. 27, 1898. Sheriff shall, withm three weeks mimediately sue- 11- 1 1 r 1 1 Bond to be giv- ceedmg such election, and before he enters on the en by city sher- duties of his office, give a bond, drawn payable to the City Council of Charleston, their successors and assigns, in the sum of ten thousand dollars, condi- tioned for the due and faithful discharge of the duties of said office, as required or to be required by law, which bond shall be executed by the said Sheriff-elect, and any number of sureties, not less than three, to be bound jointly and severally. Sec. 32. No person to be elected as aforesaid. ib., § 6. to the office of City Sheriff, shall be permitted, by to obtain cer- the Judge of the City Court, to enter upon the duties has'''' been exe- of his office, until he hath recorded, in the office of the Clerk of the City Court, a certificate from the Mayor of the City, who is hereby authorized to give the same, that such Sheriff hath duly executed the bond aforesaid, and lodged in the office of the City Treasurer, such bond, with such security as is herein required, and hath been duly qualified. Sec. T)^. a fair and true copy of the books of the 16 SHERIFF. lb., § 10. T o leave a copy of books after expiration of office. Penallv. lb., S 12. To turn over to his successor all papers and prisoners. Penaltv. Mar. 8,1841, § Aug. 3,1851, § Nov. ID, 1896. .Salarv. Election. City Sheriff shall be made at his own expense, in books well and strongly bound, and shall be lodged within three months after the expiration of his office, and be kept as public records in the office of the City Sheriff; and every such Sheriff refusing or neglecting" to lodge his original books or the said copies within the term aforesaid, shall forfeit and pay the sum of live hundred dollars, for the use of the City ; to be sued for in any court having compe- tent jurisdiction. Sec. 34. The City Sheriff shall, at the expiration of his office, turn over to his successor, by indenture and schedule, all such writs, executions, and process, as shall remain in his hands unexecuted, who shall execute and return the same ; and shall, also, deliver to his successor in office, the custody of all such per- sons as shall be confined under his charge, with the cause of their detention ; and on failure thereof, for the space of two months after the expiration of his office, the said Sheriff shall forfeit and pay for each refusal or neglect, the sum of one hundred dollars, for the use of the City. Sec. 35. The City Sheriff shall receive a salary of eighteen hundred dollars per annum, payable monthly, which shall be in full payment and com- pensation of all salary, fees, costs and emoluments whatsoever and in lieu of the same. The Sheriff shall, as often as once a month, pay over to the City Treasurer all moneys, fees and costs received by him for the City and all costs and fees received by him with a statement of the different accounts on which the same were received, taking a receipt for the same. Sec. 36. The next election for City Sheriff shall take place on the third Tuesday in November, A. D. [906 and on the same day in every fourth year thereafter. TREASURER. 17 CHAPTER IV. FINANCIAL DEPARTMENT. TREASURER ASSESSOR ASSESSMENT AND TAXA- TION ACCOUNTS SINKING FUND. Section 2^"]. A City Treasurer shall be elected Jan. 6, 1845. §i- by the City Council on the third Tuesday in Octo- Election. tober, A. D. nineteen hundred and three, and on the same day in every fourth year thereafter. Sec. 38. The person elected to the office of City Oct. 10, i8j6, § i. Treasurer shall, within three weeks immediately Bon.i. succeeding his election, and before he enters on the duties of his office, give a bond to the City Council of Charleston their successors and assigns, in the sum of twenty-five thousand dollars, condi- tioned for the due and faithful discharge of the duties of the said office, as required, or to be required by law ; which bond shall be executed by the said Treasurer elect, and any number of securities, not less than four, to be bound jointly and severally. Sec. 39. The City Treasurer, for his services, Dec. 3,1867, §1. shall receive an annual salary of twenty-five hun- oct.'ly.'i'poi.' ^'' dred dollars, payable monthly, out of the City '^^^ Treasury. Sec. 40. The City Treasurer shall be, and he is jan.e, 1845, %2. hereby authorized and empowered to appoint one ^'^'^'^ ''' ^'' or more clerks, subject to the approval of Council, ap^^nt^^'^'^'^cierks to aid him in the performance of the duties of liis ,^^q sureties"'to office ; who shall, if required by the City Treasurer, tjeg'^^op ^IT of- enter into bond, with two sureties, to be approved ^'^'^• of by the City Treasurer, in the penal sum of ten thousand dollars each, conditioned for the due and faithful discharge of the duties of his office, as required, or to be required by law; which bond shall be drawn payable to the City Treasurer, or his 2 18 TREASURER. Salary clerks. of Oct. 10, 1826, §13. Moneys to be deposited in such bank as Council shall direct. All to be checks. assigns. The said clerks to the City Treasurer, for the faithful discharge of the duties required to be performed by them for the City Council and for the City Treasurer, shall receive such salaries as may be, from time to time, fixed by the City Council, and payable out of the City Treasury. The City Treas- urer shall have power, at all times, to remove the clerks whom he may so appoint, and to engage others in their place. Nothing herein contained shall be construed to exempt said Treasurer from liability for the misconduct or defalcation of said clerks so appointed. Sec. 41. It shall be the duty of the City Treasur- er and City Sheriff to deposit, in such bank as Council shall direct, all and every sum or sums of money received by them in their official capacity, immediately after the same has been received in their respective names, as public officers, distinct from any deposit made by them, or either of them, in their name, and on their own account, as private individuals ; and, on failure of making such deposit in the manner hereby prescribed, or on either of the said officers depositing moneys received by them respectively, by virtue of their office, in any other bank than that designated by Council, the said officer so offending shall forfeit and pay for each and every offence twenty-five per cent, on the amount so neglected to be deposited as aforesaid ; to be recov- ered in any Court of competent jurisdiction one moiety thereof for the use of the City, and the other moiety for the use of such person or persons as shall give information of the same, and prosecute the same to effect. Sec. 42. No payment shall be made by the said payments city officcrs ill auy other manner than by a check or draft upon bank, as Council shall direct them to deposit, in the moneys received in their official ca- pacity, so as to make it indispensably necessary for lb., §14. ASSESSOR. 19 the said officers to deposit their money in such bank previous to their making such payment ; and in case either of the said officers shall pay over money otherwise than is hereby directed, such officer shall forfeit and pay, for each offence, the sum of fifty dollars, for the use of the City. Provided, That nothing herein contained shall be so construed as to prevent the City Treasurer from keeping in his of- fice, for the smaller expenses of the City, a sum not exceeding fifty dollars. Exception. Assessor. Sec. 43. City Council shall, at their first regular meeting in January, A. D. nineteen hundred and six, or on the first meeting of Council there- after, and on the same day every fourth year there- after, elect an Assessor, who shall receive a salary of eighteen hundred dollars per annum, payable monthly. Sec. 44. Before entering upon the duties of his office, the Assessor shall give bond in the sum of five thousand dollars, with two good and sufficient sureties, to be approved by the Mayor, conditioned for the faithful performance of the same. Sec. 45. It shall be the duty of the Assessor, in each and every year, to verify the returns made to his office, with the returns made to the County Auditor for State taxation, and to keep a full and complete record of the same, setting forth the location, value and description of all lands and buildings liable to taxation. Sec. 46. It shall be the duty of the Assessor to keep in his office, in a book well and strongly bound, an alphabetical list of all real estate owners within the limits of the City, showing the appraised value of each piece or parcel of real estate ; the width and depth, and number of each lot, and the kind of Nov. 14, 1871, §2. City Council to elect an As- sessor. lb., § 3- Salary. Oct. 9, 1869, §3. Bond. Oct. 28,1869, §1- To keep a list of real estate owners with de- scription of prop- erty. lb. Nov. 24, 1896. Annual praisement. ap- 20 ASSESSOR. lb., § 2. Nov. 24, 1896. Time for re- ceiving returns to be published. Returns to be made for default- lb- § 3- Record to be kept of all changes in real property. Sept. 10, 1895. Assessor to ap- point Clerk. Salary. Assessor have power remove Clerk. to to building or buildings, if any, thereon, together with the amount of tax assessed upon each and every piece or parcel of said property. Sec. 47. The Assessor shall publish for the in- formation of the people the time at which the returns for taxes shall be made, and after the expira- tion of the time designated for making the same, he shall proceed to make copies of the returns to the County Auditor for State and County taxation of such taxpayers as have failed to make returns to the City, and shall assess the City taxes due thereon, and deliver the same to the City Treasurer. Sec. 48. The Assessor shall also keep a careful record of all changes in real property, whether by improvement, injury or destruction, and shall report the same to the County Auditor, with a view to an equitable increase or decrease of the appraisement thereof, and in addition to the several duties herein prescribed, he shall perform all the duties, not incon- sistent herewith, as may be prescribed by the City Council. Sec. 49. That from and after the second Tues- day in January, A. D. 1896, the City Assessor shall be, and is hereby authorized and empowered to ap- point a clerk, subject to the approval of the City Council, to aid him in the performance of the duties of his office. The said clerk shall receive such salary as may be, from time to time, fixed by the City Council, and payable monthly out of the City Treas- ury. The City Assessor shall have power at all times to remove the clerk whom he may appoint, and engage another in his place. Nothing herein contained shall be construed to exempt the said City Assessor from liability for the misconduct or mal- feasence of said clerk so appointed. ASSESSMENT AND TAXATION. 21 Assessment and Taxation. "Personal prop- erty" defined. Sec. 50. That all real and personal property Feb. 13,1870, § i. within the limits of the City of Charleston shall be J=^"-'8>'87i. \ 3. appraised, and all taxes shall be levied thereon at a ^°'' ^•'- ^^"^y- uniform and equal rate. Sec. 51. The term "personal property," as used Feb. 13, 1870. § in this Ordinance, shall be held to mean and include all things, other than real estate, which have any pecuniary value, and moneys, credits, investments in ^^^^^^^ bonds, stocks, joint-stock companies, or otherwise. The term "money" or "moneys," as used in this Ordinance, shall be held to include gold, silver and . other coin, bank bills, and other bills or notes au- thorized to be circulated as money, whether in pos- session or on deposit, subject to the draft of the depositor or person having the beneficial interest therein on demand. The term "credits," as used in Credits. this Ordinance, shall be held to mean the remainder due, or to become due to a party, after deducting from the amount of all legal debts, claims and de- mands in his favor, the amount of all legal debts and demands against him, whether such demands be payable in money, labor, or other valuable things. But, in ascertaining such remainder, no deduction shall be made of any obligation to any mutual in- surance company, given for insurance, nor of any subscription to the capital stock of any joint-stock company, nor of any taxes assessed against the party, nor of any subscription to any religious, scientific, literary or charitable purpose, nor of any acknowledgment of a liability not founded on a legal and valuable consideration, nor any more of any joint liability with others than the party honestly believes he will be compelled to pay, nor any contin- gent liability, nor of any acknowledgment of debt or liability made for the purpose of diminishing 22 ASSESSMENT AND TAXATION. Investment bonds. Investment stocks. Oath. 'Person party. and Generic terms. Time. lb., i? Property empt from tion. e X - taxa- the amount of credit, to be returned for taxation. The phrase "investment in bonds," as used in this Ordinance, shall be held to mean all investments of money, or means in bonds of whatsoever kind, whether issued by the Government of the United States, or of this, or any State or Territory of the United States, or any foreign government, or any County, City, Town, Township or other munici- pality, or by any corporation or company of this, or any other State or country. The phrase "invest- ment in stocks," as used in this Ordinance, shall be held to mean and include all investments of money or means in the evidences of indebtedness, other than bonds or bills designed to circulate as money, issued by any government or municipality, and shares of the capital of any corporation or company, or association, and every interest in any such shares or portions thereof; also all interests or shares in ships, boats or other vessels, used or designed to be used, exclusively or partially, in navigating the wni-^rs within or bordering on this State, whether .->uch ship, boat or vessel be within the jurisdiction of this State or not, and whether such vessel be reg- istered or licensed at anv collector's office in this State or not. The word "oath," as used in this Ordinance, shall be held to mean and include an affirmation duly made. The words "person" and "party," and other word or words importing the singular number, as used in this Ordinance, shall be held to include firms, companies, associations and corporations, and all words in the plural number shall apply to single individuals in all cases where the spirit and intent of this Ordinance requires it. All words in this Ordinance, importing the masculine gender, shall apply to females also, and all words in this Ordinance importing the present tense, shall apply to the future also. Sec. 52. The following property shall be exempt from taxation, to wit : ASSESSMENT AND TAXATION. 23 1. All real and personal property, the rents, issues, incomes and profits of which have been, or shall be given exclusively for the endowment or support of public schools, so long as such property, or the rents, issues, incomes or profits thereof shall be applied exclusively for the support of free educa- tion in said schools. 2. All property owned exclusively by the United States, or this State, or this City. 3. All property belonging to institutions of purely public charity, and used exclusively for the main- tenance and support of such institutions, and all church property exempted by the Constitution. 4. All fire engines, and other implements used in the extinguishment of fires, when owned by the City, or any organized fire company. 5. All bonds of this State which, by the terms of the Act under which they are or may be issued, are or may be exempted from taxation. 6. All bonds and stocks of the United States, which are not authorized by the laws of the United States, to be taxed under State authority. 7. All pensions payable to any person by the United States, or any State of the United States. 8. All the wearing apparel of the person required to make return and his family. 9. Articles actually provided for the present sub- sistence of the person or his family, to the value of one hundred dollars. Sec. 53. Every person of full age and of sound mind, except married women, shall annually list for taxation the following personal property, to wit : 1. All the tangible personal property in the City owned or controlled by him. 2. All the tangible ])ersonal property owned by him or other residents of the City, under his control, which may be temporarily out of the City, but is intended to be brought into the City. Property d e - voted to the sup- port of public schools. Property owned by the U. S., etc. Charitable in- stitutions and churches. Fire engines. State Bonds. U. S. bonds and stocks. Pensions. Wearing appar- Subsistence. lb., § 4- Perso.al prop- erty to be listed. Personal prop- erty owned in the City. Personal prop- erty temporarily out of the City. 24 ASSESSMENT AND TAXATION. Perso' al prop- erty sent out of the City and not sold. Moneys, cred- its, and invest- ments. Who shall property. list lb., § 5- Persons listing property for oth- ers to list it in name of owner. lb., § 6. Property to be returned for taxa- tion. 3. All tangible personal property owned or con- trolled by him, which may have been sent out of the City for sale, and not yet sold. 4. All the moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, owned or controlled bv him, whether in or out of the City. The property of every ward shall be listed by his guardian; of every minor child having no other guardian, by the father, if living; if the father be dead, by the mother, if living; if the mother be dead or married, by the person having it in charge ; of the wife, by the husband, if living and sane, and the parties are residing together; if the husband is dead, or is insane, or is not living with his wife, by the wife ; of every person for whose benefit property is held in trust, by the trustee; of every deceased person by the executor or administrator ; of those whose property or assets are in the hands of receivers, by such receivers ; of every firm, com- pany, body politic or corporate, by the president, or principal accounting officer, partner, or agent thereof ; of all persons in the hands or custody of any public officer or appointee of a Court, by such officer or appointee ; of those absent or unknown, by their agent, or the person having it in charge. Sec. 54. All persons required by this Ordinance to list property for others, shall list it separately from their own, and in the name of the owner thereof; but shall be personally responsible for the taxes thereon, for the year in which they list it, and may retain so much thereof, or the proceeds of the sale thereof in their own hands, as will be sufficient to pay such taxes. Sec. 55. All horses, neat cattle, mules, asses, sheep, goats, hogs, wagons, carts and other vehicles used in any business ; furniture and supplies used in hotels, restaurants and other houses of public resort ; ASSESSMENT AND TAXATION. 25 all personal property used in, or in connection with storehouses, manufactories, warehouses, or other places of business ; all personal property or farms ; all merchants" and manufacturers' stock and capital shall be returned for taxation and taxed ; all bankers' capital and personal assets pertaining to their banking business in the City ; all shares of stock in incorporated banks located in the City ; all perso- nal property of deceased persons shall be returned iov taxation by the executor or administrator, and all personal property shall be returned for taxation. Sec. s6. Every person required by this Ordi- _ i^., § 7. ^' - ^ ^ -^ Jan. 18, 1871, §3. nance to list property shall, annually between the 9th May, 1882. ^ ^ ' . ' Nov. 24, 1896. first day of January and the twentieth day of Febru- — ^ ' . 1 \ Time for mak- ary make out and deliver to the Assessor, or other ing returns. person duly designated for that purpose, a statement, verified by ITis oath, of the real and personal property possessed by him, or under his control, on the first day of January of that year, either as owner, agent, parent, husband, guardian, executor, administrator, trustee, receiver, officer, partner, factor or holder, with the value thereof, on the said first day of Jan- uary, at the place of return, estimating according to the rules prescribed by this Ordinance, which state- ment, in addition to a description of the real estate, shall set forth : 1. The number of horses, and their value. veui'Jns^'^*^' °' 2. The number of mules and asses, and their value. 3. The number of neat cattle, and their value. 4. The number of sheep and goats, and their value. 5. The number of hogs, and their value. 6. The value of gold and silver plate, and number of gold and silver watches, and their value. 7. The number of piano fortes, melodeons, cabinet organs, and their value. 8. The number of pleasure carriages, and their value. 26 ASSESSMENT AND TAXATION. Feb. 13,1870, §8. Merchants re- quired to render statement of val- ue personal prop- erty, moneys and credits. lb., S 9- Manufacturers required to ren- der statement of property pertain- ing to business as manufacturer. 9. The number and value of dogs. 10. The value of goods, merchandise, moneys and credits pertaining to his business as a merchant. 1 1. The value of materials received, used, or pro- vided to be used in his business as a manufacturer. 12. The value of all machinery, engines, tools, fixtures and implements used, or provided for his use, in his business as a manufacturer, and of all manufactured articles on hand one year or more. 13. The value of all moneys, including bank bills and circulating notes. 14. The value of all credits. 15. The value of investments in the stocks and bonds of any company or corporation out of the city, except National Banks. t6. The value of all investments in stocks and lionds, except bonds of the United States and this State and City, expressly exempted from taxation by the law under which they were issued. 17. The annual value of all leases. 18. The value of all other property. Sec. 57. Any person who shall, at any place in this City, be engaged in the business of buying and selling personal property, or in selling personal prop- erty consigned to him from any place wnthin this City, or property not the product of this City, con- signed to him from any place within this City, shall be held to be a merchant, and, at the same time he is required to list his other personal property, shall deliver to the Assessor, or other officer designated therefor, a statement, under his oath, of the value of the personal property, moneys and credits pertaining to his mercantile business. Sec. 58. Every person engaged in making, fab- ricating, or changing things into new forms for use, or in refining, rectifying or combining different ma- terials for use, shall be held to be a manufacturer, and shall at the same time he is required to list his ASSESSMENT AND TAXATION. 21 Other property, make and deliver to the Assessor or other officer duly designated therefor, a state- ment, under oath, of the value of the personal prop- erty, moneys and credits pertaining to his business as a manufacturer. Sec. 59. Any person or persons, company or cor- poration, engaged in the business of conveying to, from or through tliis City, or any part thereof, moneys and other personal property, shall be held to be an express company, and any person or per- sons, company or corporation engaged in the busi- ness of transmitting messages to, from and through this City, or any part thereof, shall be held to be a telegraph company; and any such company having its principal office out of this City, shall annuall}', in the month of January, or before the 20th of Feb- ruary, by its principal agent m this City, make out and deliver to the City Assessor a statement, under oath, showing the value of all its personal property in this City, including poles, wires, batteries, ma- chinery, materials and apparatus, together with the gross earnings of said company in this City for the business done in this City for the year ending the thirty-first day of December, and the company's proportion of receipts for business done in connec- tion with the lines of other companies out of this City. Provided, That ordinary transportation com- panies engaged exclusively in the transportation of merchandise, in connection with other roads or lines of navigation, shall not 1)e considered express com- panies, within the meaning of this Section. That all telephone companies shall make to the Assessor, at the time herein specified, the same return as is herein required to be made by telegraph companies. Any person, company or corporation commencing any business in this City after the first day of Jan- uary in any year, the capital or personal property employed in which shall have not been previously May 27, 1884. Nov. 24, 1896. Express panics. Com- Telegraph Companies. Statement to be made of tlie value of property, and of gross earnings. Proviso. Telephone Companies. Persons com- mencing business after ist June, shall, within 30 days, make re- port to City As- sessor. 28 ASSESSMENT AND TAXATION. To be charged a pro rata tax. Assessor to as- certain names of such persons. Penalty for failure to report to Assessor. Feb. 13, 1870, § :o. Nov. 26, 1896. T e 1 eg r la p h and railroad Companies. Return o f personal assets for taxation. returned for taxation, for such year, shall, within thirty days after commencing such business, report to the City Assessor, under oath, the average amount of the capital intended to be employed in such busi- ness, from the time of its commencement to the first day of January next ensuing, and said City Assessor shall charge him or them with such proportion of all taxes levied on others upon similar capital or property as the time from the commencement of the business to the ensuing first day of January bears to one year. It shall be the duty of the City Assessor to ascer- tain the names of all persons commencing any busi- ness after the first day of January, annually, whose capital or property employed in such business was not returned for taxation for the then current fiscal year, and assess the same upon the persons charge- able therewith. If any person, company or corpo- ration shall commence anv business after the first dav of January in any year, the capital or property employed in which shall not have been previously listed for taxation, and shall not, within thirty days thereafter, make such report to the city assessor as is herein required, he, she or they shall be liable to a penalty of one hundred dollars. Sec. 60. The tools, machinery, wires, fixtures, vessels and carriages owned and necessarily in daily use by any telegraph or railroad company in the prosecution of their business, shall, for the purposes of this ordinance, be held to be personal property, and the president, secretary or principal account- ing officer thereof shall include the value thereof in the return of other personal assets of such compaii}- for taxation, which return shall be made in the month of January, on or before the twentieth day of February, annually, to the assessor, or other officer duly designated therefor. Sec. 61. The president and secretary of every ASSESSMENT AND TAXATION. 29 railroad company whose track or roadbed, or any part thereof, is in the city, shall, annually, between the first of January and the twentieth day of Feb- ruary, return to the assessor, under their oaths, the total length of said road in this city, the total length of their double track in this city, the length of all their side tracks, the number and value, each, of all their locomotives, engines, passengers, freight, plat- form, gravel, construction, hand and other cars in this city; the value of their moneys and credits; the total value of their entire road, appurtenances and equipments in the city. The president and secretary of every railroad company which has a terminus or depot in the City of Charleston shall annually, be- tween the first day of January and the twentieth day of February, return to the assessor, under their oaths, the number and value each of all locomotives, engines, passenger, freight, platform, gravel,, con- struction, hand and other cars in the city ; the value of their moneys and credits, and the total value of the appurtenances and equipments of the road in the city;whether the said cars and equipment be on their own or on the track or in the premises of other roads. Sec. 62. The return and oath required herein of officers of railroad companies shall be made in such form as prescribed by the Assessor. Sec. 63. If any railroad, its appurtenances, equip- ments, etc., shall be in the hands of a receiver, or other officer, such receiver or other officer shall make the returns required herein. Sec. 64. The Assessor, or any person appointed by him for that purpose, may put any question, in writing, he may deem proper, to any officer, agent, or receiver of any railroad company, having any portion of its stock in this City ; and he may summon any officer, receiver, or agent of such company to appear before him and testify, under oath, (which lb., § Nov. 24, II. 1896. Returns of Railroad Compa- nies. lb., § Form turns. of lb., § 13. Returns to be made by Receiv- ers. lb., § 14. Powers of As- sessor in refer- ence to railroads. 30 ASSESSMENT AND TAXATION. Penalty. Assessor to as- certain and re- turn personal property of per- sons sick, absent, or who neglect or refuse to make return. Assessor a u- thorized to ex- amine persons under oath. lb., § 17. Form turns. of oath said Assessor is authorized to administer,) touching such railroad company's property, and the management and disposition thereof ; and he may, by himself, or some person appointed by him, exam- ine the books and papers of such company, in the hands of the company, or any of its officers, agents or receivers ; and all such officers, agents, and receiv- ers shall answer, under oath, all such questions as shall be put to them, or either of them, by said Assessor, or any person appointed by him for that purpose, relative to the condition, amount, and value of said company's property, and the management or disposition thereof; and if any such officer, receiver, or agent shall refuse or neglect to appear before said Assessor, or the person appointed by him, or to answer any question put to him, or them, as aforesaid, or submit the books and papers aforesaid for examination, in manner afore- said, he shall be subject to a penalty of five hundred dollars and costs of prosecution. If any person shall refuse or neglect to make out and deliver to the Assessor a statement of personal property as pro- vided by this Ordinance, or shall refuse or neglect to take and subscribe an oath, as to the truth of such statement, or any part thereof; or in case of the sickness or absence of such person, the Assessor shall proceed to ascertain, as near as may be, and make up and return a statement of the personal prop- erty, and the value thereof, with which such person shall be charged for taxation, according to the pro- visions of this Ordinance ; and to enable such Assessor to make up such statement, he is authorized to examine any person or persons, under oath, and to ascertain, from general reputation and his own knowledge of facts, the character and value of the personal property of the person thus absent or sick, or refusing or neglecting to list or swear. Sec. 65. All returns required by this Ordinance ASSESSMENT AND TAXATION. 31 shall be made in such form as the Assessor shall pre- scribe, and the Assessor is authorized to summon before him any person or persons, and require answers, under oath, to any questions relative to the property and affairs of any person, firm, company, or corporation, which oath he may administer; and if any person or persons shall refuse or neglect to appear before said Assessor, or to answer any ques- tions put to him or them, as aforesaid, he or they shall be subject to a penalty of fifty dollars; and if he or they shall answer any question, as aforesaid, falsely, he or they so answering, shall be subject to a like penalty of fifty dolars. Sec. 66. Each agent in this city of any insurance company, organized under the laws of any other State or country, and doing business in this city, or of any individual insurer or underwriter of insur- ance, or firm or joint stock company of insurers or underwriters of insurance residing without the State and doing business in this City shall annually, in the month of January, or before the 20th day of Februarv. return to the Assessor a sworn statement of the gross business of such agency in this City for the year ending on the first day of the said month of January, including all notes, accounts and other things received or agreed upon as compensation for insurance effected, renewed or continued in this City, together with all the value of any personal property of said company, individual, firm or joint stock com- pany, of insurers or underwriters of insurance, situ- ate at said agency, and the said company, individual, firm or joint stock company shall be charged with taxes at the place of said agency on the amount so returned, and the agent shall also be personally responsible for such taxes and may retain in his hands a sufficient amount of the assets of his princi- pal or principals to pay the same, unless the said taxes shall be paid by the said principal or principals. Assessor a u- thorized to sum- mon persons, re- el u ire answers, a n d administer oaths. Penalty for re- fusal or neglect to appear and answer. Mar. 13, 1894. Nov. 24, 1896. Agents to make statements and pay taxes. 32 ASSESSMENT AND TAXATION. Feb. 13, 1870, §19. Property own- ed by insurance companies of this City in oth- er States 'not re- turnable. lb., § 20. Corporations owning no prop- erty. lb., § 21. Insurance com- panies organized under laws of this State. lb., § 22. Companie s, whether organ- ized under laws of this State or not, liable to tax- ation. lb., § 23- Bank stocks. lb., S 24. Banks to keep lists of stock- holders. Sec 67. Any company or corporation, organized in this City, and owning property in any other State or country, as well as in this City, shall not be required to return its said property for taxation in this City, but shall return such property as it owns in this City, and such proportion of the value of its other property as if owned by individual residents of this City would be taxable in this City; and if such return be made by such company, the share- holders therein shall not be required to return their shares for taxation. Sec. 68. A corporation, organized under the laws of this State, and located in this City, but own- ing no property in this City, shall not be required to return its capital for taxation in this City. Sec. 69. Every insurance company, organized under the laws of this State, and located in this City, shall return all its personal property, moneys, cred- its, (including notes taken on subscriptions of stock,) investments in bonds, stocks, securities, and assets of every kind, for taxation. Sec. 70. All companies and corporations, whether organized under the laws of this State or not, the manner of listing whose personal property is not otherwise specifically provided for by law, shall list for taxation all their personal property and effects at the same time, in the same manner, and in the same localities as individuals are required to list similar property and effects, for taxation. Sec. 71. All shares of the stockholders in any bank or banking association, located in this City, whether now or hereafter incorporated or organized under the laws of this State, or of the United States, shall be listed at their true value in money, and taxed. Sec. 72. There shall, at all times, be kept in the office where the business of such bank or banking association is transacted, a full and correct list of the ASSESSMENT AND TAXATION. 33 names and residences of the stockholders therein, and the number of shares held by each, which shall, at all times, during business hours, be open to the inspection of all officers, who are, or may be, author- ized to list or assess the value of such shares for taxation. Sec. 73. It shall be the duty of the president and ib., § 25. cashier of every such bank or banking association ^°^' ^^' '^^^' between the ist day of January and the 20th day of ca^Her'^^o"/ banks February, annually, to make out and return, under '° '"^^^ returns, oath, to the Assessor, a full statement of the names and residences of the stockholders therein, with the number of shares held by each, and the actual value in money of such shares, together with a description of the real estate owned by said bank. Sec. 74. The Assessor, upon receiving the return ib., § 26. provided in the foregoing section of this Ordinance, Assessor to de- shall deduct from the actual total value of the shares value of shares, ,11 11- -J- ,1 appraised value of m any such bank or banking association, the ap- reai estate owned praised value of real estate owned by such bank or ^ ^" • banking association, as the same stands on his books, and the remainder of the total value shall be entered on his books in the names of the owners thereof, in amounts proportioned to the number of shares owned by each, as returned on said sworn statement, and be charged with taxes at the same rate as charged upon the value of other personal property. Sec. 75. Any taxes assessed on any such shares ib., § z-j. of stock or the value thereof, in manner aforesaid, ^'^' ' ^ " shall be and remain a lien on such shares from the iieI^^on° 's^h^rLs 1st day of January in each year until such taxes are ""^'' ''^'^' paid, and in case of the non-payment of such taxes at the time required by law by any shareholder, and after notice received of the City Treasurer of the non-payment of such taxes, it shall be unlawful for the cashier or other officer of such bank or banking association to transfer or permit to be transferred the whole or any portion of said stock until the 3 '34 ASSESSMENT AND TAXATION. lb., § 28. Bank may pay taxes assessed on shares. lb., § 39. Assessor to ex- amine books, offi- cers of banks, etc., on failure to furnish state- ment required. Penalty for failure to make statement, or wil- fully making false statement. lb., § 30. Nov. 24, 1896. Return of un- i n CO r p o rated banks. delinquent taxes thereon, together with the costs and penalties shall have been paid in full, and no dividend shall be paid on any stock so delinquent so long as such taxes, penalties and costs or any part thereof remain due or unpaid. Sec. 76. It shall be lawful for any such bank or banking association to pay to the City Treasurer the taxes that may be assessed on its shares, as aforesaid, in the hands of its share-holders respectively, and deduct the same from any dividends that may be due, or may thereafter become due, on any such shares, or deduct the same from any funds in its possession belonging to any share-holder, as aforesaid.. Sec. yj. If any bank or banking association shall fail to make out and furnish to the Assessor the statement required by the seventy-third section of this Ordinance within the time required therein, it shall be the duty of said Assessor to examine the books of said bank or banking association, also to examine any officer or agent thereof, under oath, together with such other persons as he may deem proper, and make out the statement required by said seventy-third section, and enter the value of said shares in his books ; any bank officer failing to make out and furnish to the Assessor the statement, or wilfully making a false statement, as required in the seventy-third section of this Ordinance, shall be liable to a penalty of one hundred dollars, together with all costs and other expenses incurred by the Assessor or other proper officer in obtaining such statement aforesaid. Sec. 78. x'\ll unincorporated banks and bankers shall annually, between the ist day of January and the twentieth day of February, make out and return to the Assessor, under oath of the owner or princi- pal officer or manager thereof, a statement setting forth : T. The average amount of notes and bills receiv- ASSESSMENT AND TAXATION. able, discounted or purchased in the course of busi- ness by such unincorporated bank, banker or bank- ers, and considered good and collectible. 2. The average amount of accounts receivable. 3. The average amount of cash and cash items in possession or in trust. 4. The average amount of all kinds of stocks, bonds or evidences of indebtedness, held as invest- ments or in any way representing assets. 5. The average amount of real estate, at its as- sessed value, for taxation. 6. The average amount of all deposits made with them by other parties. 7. The average amount of all accounts payable, exclusive of current deposit accounts. 8. Average amount of Government and other securities, specifying the kind that are exempt from taxation. 9. The amount of capital paid in or employed in such banking business, together with the number of shares or proportional interest each shareholder or partner has in such association or partnership. From the aggregate sum of the first five items above enumerated the said assessor shall deduct the aggregate sum of the fifth, sixth, seventh and eighth items, and the remainder thus obtained shall be entered on the books of the assessor in the name of such bank, banker or bankers, and taxes thereon shall be assessed and paid, the same as is provided for other property as assessed and taxed in the city. Sec. 79. The average provided for in the preced- ^^ ib., § 31. ing section shall be obtained by adding together the 35 Nov. 24, 1896. , , . , , • r 1 11 Manner of ob- amounts of each item above specilied, owned by or taining averages. standing on the books of such bank, banker or bankers on the first day of each month of the year ending the ist day of January in the year in which the return is made, and dividing the same by the number of months in the year : Provided, that in 36 ASSESSMENT AND TAXATION. lb., § 3 "Banks' "bankers" e<\. and defin- Ib., § 33- Non holders. lb., § 34 Assessor t o prescribe form of return and oath. lb., § 3S. Penalty for failure to list and non-payment of taxes in any one year. lb., § 36. Jan. 18, 1871, §2. Property to be taxed according to its selling val- ue in money. cases where such bank, banker or bankers com- menced business during the preceding year the division shall be made by the number of months elapsed after the commencement of such business : Provided, That all fractions of a month shall be counted as a month. Sec. 80. Every company, association, or person not incorporated under any law of this State, or of the United States, for banking purposes, who shall keep an office or other place of business, of lending money, receiving money on deposit, buying and sell- ing bullion, bills of exchange, notes, bonds, stocks, or other evidences of indebtedness, with a view to profit, shall be a bank, banker or bankers, within the meaning of sections seventy-seven, seventy-eight and seventy-nine of this Ordinance. Sec. 81. Any person claiming not to have any property property, shall, upon demand of the Assessor, make oath to the fact that he has no property, and if he refuse to make such oath, he shall be subject to a penalty of fifty dollars and cost of prosecution. Sec. 82. The Assessor shall prescribe the forms ©f all returns of taxation, and of the oaths that shall be made thereto, and cause a sufficient number thereof to be printed and distributed; and any return made in any way materially varying there- from shall not be regarded as a return. Sec. 83. If any person shall fail to list the per- sonal property he is required by law to list in any one year, and the same escapes taxation for that year, the value thereof shall be charged against him for taxation in any subsequent 3^ear, v/ith fifty per cent, penalty added thereto, and the taxes and pen- alty collected, as in other cases. Sec. 84. All real and personal property shall be valued for taxation at its true value in money, which, in all cases not otherwise specially provided for in this Ordinance, shall be held to be the usual selling ASSESSMENT AND TAXATION. 37 price of similar property at the place where the return is to be made; and if there be no usual selling price, then at what is honestly believed could be obtained for the same at a fair sale, at the place aforesaid. Sec. 85. The following- articles of personal prop- Fgb.i3. 1870, §37- erty shall be valued for taxation, as follows, to wit : Personal prop- J ' _ erty taxable. Money, bank bills, and other bills lawfully circulat- ing as money, at the par value thereof ; credits, at the amount payable on the face of the contract, instrument, or account, unless the principal be pay- able at a future time without interest, then at the sum payable less the lawful interest thereon for any term of credit not exceeding one year ; contracts for the delivery of specific articles, at the usual selling price of such articles at the time of last listing. When the fee of the soil in any tract or lot of land is in one person, and the right to any minerals therein, or structures thereon in another, the proceeds of the minerals and said structures shall be valued and taxed as personal property to the owners thereof, respectively. Sec. 86. It shall be the duty of the Assessor to 11,., s 38. state in the column of remarks, opposite each tax- Assessor au^ payer's name, in the return made by him, any amount lo^^vaiuatlon ^of which he believes ought to be added to the valuation p-'^p^''^^ returned, of the property listed by such taxpayer, his agent, or other person. It shall also be his duty, at any time, if he ascertain that any personal property has not been listed, to list the same, with the valuation ,. Authorized to list property not thereof as fixed by the owner or himself, and the listed. name of the owner or person to whom it is taxable, and he shall charge the same on his books for taxa- „ , *=" Penalty to be tion, adding fifty per cent, to the value as returned, added, as penalty. ib., s 39- Sec. 87. The Assessor shall add to or deduct Mar! 9, '1897. " from the value of the property such per centum as Assessor to may be ordered by the City Council, on his books, from the° vaiue"of distributing the same pro rata to each owner, and sums^'^7s may "be ordered by City Council. 38 ASSESSMENT AND TAXATION. lb., § 40. Assessor t o determine the sums to be levied upon each piece of property. lb.. § 41- Fractional sessments. lb., § 42. Assessor enter taxes books. to on shall add to or deduct from the valuation of the per- sonal property of individuals, companies, or corpora- tions, such sum or sums as may be ordered by said City Council. Upon this valuation of property the Assessor shall on or before the thirty-first day of March levy the rate per centum of tax authorized by ordinance to be raised thereon for city purposes. Sec. 88. The Assessor, after receiving from the authorities legally empowered to determine the rates or amount of taxes to be levied for the various purposes authorized by law, statements of the rates and sums to be levied for the current year, shall forthwith proceed to determine the sums to be levied upon each tract and lot of real property, money, and credit, listed in the City in the name of each com- pany, person, or corporation, which shall be assessed equally on all real and personal property subject to such taxes ; and in all cases where the whole amount of taxes upon the personal property, moneys, and credits of any person shall not amount to ten cents, the Assessor shall not enter the same upon his books, if such person has no other taxable property. Sec. 89. The Assessor shall not be required to assess on taxable property for any purpose, any rate of taxation containing or resulting in any fraction other than a decimal fraction, nor in any fraction less than one-twentieth of a mill; but if the sum required to be raised for any or all purposes result in a fraction less than one-twentieth of a mill, such fraction shall be dropped ; and if more than one- twentieth and less than one-tenth of a mill, the Assessor shall add enough to make it one-tenth of a mill, and levy the same accordingly. Sec. 90. The Assessor shall enter the taxes on the books to be retained in his ow^i office in such number of columns as shall from time to time be convenient. He shall enter the taxes against each parcel of real and personal property on one or more lines opposite the name of the owner or owners. ASSESSMENT AND TAXATION. 39 Sec. 91. When the taxes, assessments, and pen- alties charged against any parcel or lot of real or personal property shall not be paid on or before the day prescribed by Ordinance, a penalty of ten per cent, thereon shall be added by the City Treasurer; and if the said taxes and penalty shall not be paid within thirty days next thereafter, or collected by distress or otherwise, the penalty and said taxes shall be treated as the delinquent taxes on such real or personal property, to be collected in the manner that is or may be prescribed by law ; and if the amount of such delinquent taxes, assessments, and penalties shall not be paid within thirty days next thereafter, the delinquent taxes, assessments, and penalties of the current year shall be due and collected by the sale of such real or personal estate in the manner that is or may be required by law. Sec. 92. If the Assessor shall suspect or be informed that any person or persons, corporation or company has evaded making a return, or made a false return of his. her or their personal property for taxation, or has or have not made a full return, or that the valuation returned is less than it should have been, according to the rules prescribed by this Ordinance, it shall be his duty, at any time before the settlement with the Treasurer for the year, to notify such party to appear before him at his office, at a time fixed in said notice, together with such other person or persons as the Assessor may desire to examine, and the party together with any witness called, shall be examined by said Assessor under oath (which oath said Assessor is authorized to administer.) touching the personal property and the value thereof, of such party, and everything which may tend to evince the true amount such party should have returned for taxation. Sec. 93. The Assessor shall, annually, on or before the tenth day of April, make out and deliver lb., 8 43- Penalty for non-payment o f taxes in time pre- scribed. lb. § 44- Assessor a u - thorized to sum- mon and examine parties evading or making false re- turns. Parties to be examined under oatli. lb., § 45- Assessor to furnish annual abstract to the Treasurer. 40 ASSESSMENT AND TAXATION. to the City Treasurer complete returns, which shall state the aggregate value of taxable property in the City and the total amount of taxes assessed thereon. ^b- § 46. Sec. 94. The Assessor shall attend at his office on Assessor to or bcfore the first Tuesday in January annually, to tiement with make Settlement with the City Treasurer, and ascer- Treasurer. . , . , . , tarn the amount 01 taxes, penalties and assessments, collected by such Treasurer, and the amount with which such Treasurer is to stand charged on account thereof; and the Assessor shall take from his prop- erty return, previously put in the hands of said Treasurer for collection, a list of all such taxes, assessments and penalties as such Treasurer and the City Sheriff, have been unable to collect thereon, as the report of said City Treasurer and said City Sheriff, approved by the Ways and Means Commit- tee, shall set forth, describing the property as de- scribed in the return, and shall note thereon in a marginal column, the several reasons assigned by said Treasurer and said Sheriff why such taxes or other charges could not be collected, which list shall be denominated a delinquent list, and which shall be signed and sworn to by said Treasurer and said Sheriff as to their respective reports, before said Assessor; and said Assessor shall record the same in a book to be provided for that purpose, and trans- mit an abstract thereof to the City Council ; and after deducting the amount of taxes, assessments and penalties, so returned delinquent, said Treasu- rer and said Sheriff shall respectively be held liable for the balance, in their respective hands, of the taxes, assessments and penalties charged on the property returned : Provided, however, that only the following causes shall be assigned by the said Treasurer and said Sheriff on said delinquent list for not collecting any tax penalty or assessment, to-wit : couecdon ^oi t" xes. I ■ That sufficicut pcrsoual property of the party ASSESSMENT AND TAXATION. 4J^ charged could not be found out of which to make the same. 2. That property was found but could not be sold for want of bidders. 3. That such taxes, assessments, or penalties were enjoined by a competent court : Provided, fur- ther. That upon all delinquencies duly certified to the City Sheriff, said Sheriff's return to the City Treasurer of any one of said causes, shall, for the purpose of this settlement, be received as the return of the City Treasurer. Sec. 95. All taxes shall be payable at such time ib., § 47- or times as the City Council, by Ordinance, shall council to fix direct, and the City Treasurer shall collect the same ortaxes"! paymen in the manner required by law, and give receipts therefor to the several parties paying the same. Sec. 96. That immediately upon the expiration -^"g- '3, 1895- of the time allowed by law for the payment of taxes agrins?"^(feHn^ in any year on either real or personal property, or 5'^"fj*oJj^"|^s^ ^""^ both, the City Treasurer shall, and is hereby author- ized and directed to issue in the name of the City Council of Charleston, a warrant or execution \Varraiit m- ex- ecution to be is- against such defaulting taxpayer, signed by him in sued. his official capacity, directed to the City Sheriff, or his lawful deputy, requiring and commanding him to levy the same by distress and sale of so much of the defaulting taxpayer's estate, real or personal, or both, as may be sufficient to satisfy the taxes, municipal and school, with the penalties thereon, of such defaulters, specifying therein the aggregate amount of said taxes and penalties, which warrant or execution shall run substantially in these words, (filling the blanks to suit each case,) viz. : THE STATE OF SOUTH CAROLINA, City of Charleston, City Treasurer. — To Esq., Sheriff of the City of Charles- ,,1^°™ °^ "'''" ton, or to his lawful deputy : Whereas has 42 ASSESSMENT AND TAXATION. been duly assessed the sum of dollars for defraying the charges of the City for the year , as follows, to wit : For the city $ , for the public schools $ , which has neglected to pay before the days prescribed by ordinances, whereby penalties aggre- gating $ pursuant to said ordinances have been added in consequence of said non-payment : These are, therefore, strictly to charge and command you to levy by distress and sale of the personal prop- erty, and if sufficient personal property cannot be found, then by distress and sale of the land of the said , the sum of dollars, together with dollars, the charges thereon ; and for so doing this shall be your sufficient warrant. Given under my hand and the seal of the City Cor- poration, Charleston, this day of , A. D. City Treasurer. And the Sheriff shall take from such defaulter the fees in the execution of his office now allowed by law. Sec. 97. That under and by virtue of said war- rant or execution the Sheriff shall seize and take exclusive possession of so much of the defaulting taxpayer's estate, real or personal, or both, as may be necessary to raise a sum of money equal to the sum of money named in the said warrant, and said charges thereon, and after due advertisement, stat- ing when and where such property will be sold, if the taxes, assessments, and penalties, including school taxes so assessed against said defaulting tax- payer, together with the costs of the proceedings, shall not be paid before the day appointed for such and make title sale, scll the sauic at said time and place so adver- to purchaser. tised, for cash, make title therefor to the purchaser complying with the terms of sale and annex to said .Sheriff's fees. Ibid. Sheriff to property. Advertisement. To sell same ASSESSMENT AND TAXATION. 43 title a duplicate warrant or execution, which the Treasurer is hereby required to furnish him with for that purpose, with endorsement thereon of his action thereunder, put the purchaser in possession of the property sold and conveyed, and after deduct- ing from the proceeds of sale the whole amount of taxes and charges, to pay over the excess, if any there be, to the defaulting taxpayer, and the taxes so collected shall be paid to the City Treasurer. And in case there be no bid equal in amount to the taxes named in said warrant or execution, in addition to any taxes due to the State and County on said property, the City Assessor shall buy the land for the City Council of Charleston, as the actual purchasers thereof, for the amount of said taxes and penalties, costs and charges and the Sheriff shall thereupon execute titles to the said City Council of Charleston, as to any other purchaser, and in the manner above provided, and shall put them or their authorized agents in possession of the premises. The land so sold and purchased and delivered to the said City Council of Charleston shall be treated by them as assets of the City in their charge and be sold at such times and in such manner as by them shall be deemed most advantageous to the City. In all cases of sale the Sheriff's deed of conveyance, whether executed to a private person, a corporation, or to the City Council of Charleston, shall be held and taken as prima facie evidence of a good title in the holder, and that all proceedings have been reg- ular, and all requirements of the law have been duly and fully complied with. No action for the recovery of said land sold by the Sheriff under the provisions of this section, or for the recovery of the possession thereof, shall be maintained unless brought within two years from date of said sale. Sec. 98. The collection and enforcement of taxes for municipal purposes on real and personal prop- Purchaser to be put in possession. In case no bid Assessor to buy the land for city. Sheriff to ex- ecute title and put city in pos- session of prop- erty. Sheriff's deed to be prima facie evidence of good title. Actions for re- covery of the land must be brought within two years. Ibid. Mar. 13, 1900. How default- ing taxpayer may have sale sus- pended. 44 ASSESSMENT AND TAXATION. I f defaulting taxpayer shall not make payment and affidavit, he shall be deemed to have waived all errors and irregu- larities. Ibid. Committee o f Ways S; Means to hear petitions. erty within the City of Charleston shah not be stayed or prevented by an injunction, writ or order issued by any court or judge thereof. In any and all cases in which such municipal taxes shall be charged against any person upon the books of the City Treasurer, and he shall claim payment of such taxes or shall take any steps or proceedings to collect the same, such person, if he conceive the same to be unjust or illegal for any cause, shall pay the said taxes notwithstanding, uiKler protest in such funds and moneys as the said Treasurer shall be authorized by law to receive. Upon such pay- ment the Treasurer shall pay the taxes so col- lected into the City Treasury, giving notice at the time to the Committee on Ways and Means that the payment was made under protest. The person so paying said taxes may at any time within thirty days after making such payment, but not ofterwards, bring an action against the City Council of Charles- ton for the recovery thereof in the Court of Com- mon Pleas for the county in which such taxes are payable. If it be determined in such action that such taxes were wrongfully or illegally collected, for any reason owing to the merits, then the court before whom the case is tried shall certify of record that the same were wrongfully collected, and ought to be refunded ; and thereupon the Treasurer of the City of Charleston shall refund the taxes so paid, which shall be paid in preference to other claims against the Treasurer. Sec. 99. That the Committee of Ways and Means of the City Council be, and is hereby, author- ized to hear and determine, upon satisfactory proof, the petition of any taxpayer praying relief on the ground that all taxes due upon the property have been paid, or that portions of such taxes have been paid and an offer to pay the balance, accompanied by the sum admitted to be owing; and the said Com- ASSESSMENT AND TAXATION. 45 mittee of Ways and Means shall grant such relief in the premises as may be just : Provided, hozvever, that the said Committee of Wavs and Means be authorized in such cases, and to such extent as they may deem most advantageous to the City, to bring an action in the name of the City Council of Charles- ton as for debt against the former owners, or any person or persons having any legal or equitable interest in said lands, for the recovery of the full amount of all taxes, costs and penalties on said property advanced and paid by the City to the State, and also for the taxes, penalties and costs accrued to the City on the said property. Any judgments ob- tained in such actions shall have a lien paramount to all other liens except the lien for taxes due to the State and County, upon the lands respectively upon which such taxes, penalties and costs have accrued, and the same shall be sold under execution by the Sheriff in due course of law, and the proceeds of any 'such sale shall be applied first to the payment of the taxes, costs and penalties due or advanced and paid to the State as aforesaid, next to the City and School taxes, penalties and costs on the said property, next to the payment of the taxed costs in the suit and expenses of sale, and the surplus, if any there be, shall be paid over to the former owners, or parties in interest as their interest may appear. Sec. ioo. The City Treasurer, immediately upon the receipt of the property return for the year from the Assessor, shall cause a notice to be inserted three times in a daily newspaper, stating the total rate per centum of levies for City purposes, and the time on or before which the same must be paid. Sec. ioi. All personal property subject to taxa- tion shall be liable to distress and sale for the pay- ment of taxes and assessments ; and at an}^ time after any taxes or assessments shall become due and un- paid according to law, the City Sheriff, by himelf Proviso. Action may be hrouglit against former owners. J u d g m e n t s therein to be a paramount Hen. Feb. 13, 1870. Treasurer t o publish rate of tax levied and time of payment. lb., § 50. Personal prop- erty liable to dis- tress and sale for payment of taxes. 46 ASSESSMENT AND TAXATION. lb., § 51. City Sheriff au- thorized to dis- train and recov- er by law taxes and penalties on property for the non-payment of taxes. or deputy, may distrain sufficient personal property of the party against whom such taxes or assessments are charged, if the same can be found in the City, to pay the taxes or assessments so due, with any penalty charged or chargeable thereon, and costs that may accrue, and shall immediately advertise the same in one or more daily newspapers, stating when and where such property will be sold ; and if the taxes, assessments, and penalties for which such property was distrained, together with the costs of the pro- ceedings, shall not be paid before the day appointed for such sale (which shall not be less than five nor more than ten days after such notice of sale,) such City Sheriff or his deputy shall proceed, at the time and place mentioned in such notice, to sell such prop- erty, or so much thereof as may be necessary, at the public vendue, to the highest bidder; and if such property or a sufficient amount thereof shall not be sold at the time and place aforesaid, such Sheriff shall retain the same in his possession and advertise and offer the same for sale, in the manner aforesaid, from time to time until the same shall be sold. Sec. I02. If any tax shall be unpaid at the time fixed for the payment thereof by Ordinance, or returned delinquent, as authorized by Ordinance, the City Sheriff may not only distrain property for the payment thereof,, as hereinbefore provided, but may recover the same with the penalties thereon, by action at law, proceedings in attachment, or other means authorized by law to be used by private indi- viduals in the collection of debts ; which action or other proceedings shall be prosecuted in the name of the City Council; and if he should die or go out of office before the termination of such action or proceeding, or the final collection of the money or any order or judgment thereon, his successor or successors may from time to time prosecute such action. ASSESSMENT AND TAXATION. 47 Sec. 103. All taxes,, assessments and penalties legally assessed, shall be considered and held as a debt payable to the City by the parties against whom the same shall be charged, and such taxes, assess- ments and penalties shall be a lien against the estates of all deceased persons ; against the estates of bankrupts and insolvents ; against all property held in trust ; against all property held on chattel mort- gage, or in pledge ; against all personal property sold for the purpose of avoiding the payment of taxes ; against all personal property held by parties in fraud of creditors : against all stocks of goods ;implements, machinery and tools of merchants and manufactu- rers, or against purchasers of the whole of such stocks upon which the taxes have not been paid ; and such taxes shall be paid out of the assets of any estate of deceased person, or held in trust as assignee or trustee, as aforesaid ; or proceeds of any property held on execution or attachment ; and the City Sheriff may proceed, by action at law. against the parties holding property otherwise as above mentioned ; or, if he can obtain the possession of the property, he may distrain and sell the same, precisely as if the same had not been sold, mortgaged or pledged as above mentioned. Sec. 104. That all taxes imposed' by the City Council shall be, for the term of two years from the date of the levy of the tax, a lien paramount to all other liens, except taxes imposed by the State, which now exist or may hereafter attach to any real prop- erty, in reference to which the said taxes are levied. That the City Treasurer shall prepare and keep a book in his office, open to the inspection of the pub- lic, in which shall be recorded the amount of the taxes claimed against each piece of property, an accurate description of the property, and the name of the owner. That the City Treasurer shall give, upon application therefor, a certificate of such taxes lb., § 52. Taxes, assess- ments, and penal- ties to be held and charged as debts due the City. Taxes held to be a lien on prop- erty. City Sheriff au- thorized to pro- ceed against par- tics and sell property. Ta.xes a lien for two years. That City Treasurer shall keep a book in which such liens shall be recorded. 48 ASSESSMENT AND TAXATION. Apl. 12, 1881, §1. Dec, 1901. Transient auc- tioneers to pay tax on goods sold. lb.. § 2. Auctioneers to pay tax on goods sold. lb., § 3- Penalty. Feb. 13,1870, § 53. Executors, &c., personally liable for taxes. Authorized to retain in their hands sufficient property to mee* taxes. as may be due by any person, for which he shall be entitled to a fee of twenty-five cents for each name. Sec. 105. That from and after the passage of this ordinance all persons not known as permanent resi- dents applying to the City Assessor for auctioneer's license shall, in addition to the amount of license, be compelled to deposit an amount equivalent to the tax on estimated business for the month, and that they be compelled to make their returns and pay the amount of tax as required by ordinance monthly, it being understood that all such persons shall have the option of substituting good «nd responsible sureties, acceptable to the Treasurer and Committee, of Ways and Means, in lieu of the money deposit herein named. Sec. 106. That in the event of any person or per- sons bringing stocks of goods, wares or merchandise to the City for sale by auction or otherwise, engaging the services of a regularly licensed auctioneer for the purpose of auctioneering the same, said regu- larly licensed auctioneer shall be deemed as taking the place of such person or persons, and be bound in manner and form as prescribed in the preceding section of this Ordinance. Sec. 107. That all violations of the provisions of the two preceding sections of this Ordinance shall be subject to such fines and penalties as are provided for in the License and Tax Ordinances of the City. Sec. 108. All executors, administrators, guar- dians, trustees, receivers, officers, husbands, fathers, mothers, agents, or factors shall be personally liable for the taxes on all personal property which they are required respectively, to list for taxation by the provisions of this Ordinance, and which was in their possession at the time when the return thereof for taxation shall have been made by themselves, or the Assessor, and may retain in their hands a sufficient ASSESSMENT AND TAXATION. 49 amount of the property or proceeds to pay such taxes for the entire year; and the City Sheriff may collect th^k^ecf^to^make such taxes by any and all of the means provided by collections. this Ordinance, either of the principal or beneficiary, or the person so acting as executor, administrator, guardian, trustee, husband, father, mother, agent or factor, receiver or officer. Sec. 109. The Assessor is authorized to employ, ib.. § 54- with the approval of the Mayor, such clerks or Assessor au- ,. ^ 1 11 thorized to em- assistants temporarily, not exceedmg four, as shall pioy temporary be necessary to enable him to promptly perform ance. the duties imposed by this Ordinance. The compen- sation of said Clerks or assistants shall not exceed three dollars per day for every day actually em- ployed, the same to be paid out of the City Treasury, on the certificate of the Assessor, approved by the Mayor. Exemption from Taxation of Certain Manufactur- ers. Sec. 1 10. That all manufactories established Feb. 25, 1896. within the corporate limits of the said city and do- Certain manu- factories CXCIHDt ing business therein, employing ten or more hands, for five years. or having a paid up capital of ten thousand dollars or more, shall for five successive years from the time of the establishment of such manufactories be ex- empt from city taxation, except the taxes for school purposes : Provided, however, That should any manufactory, entitled under this Ordinance to such exemption from taxation, fail in business and be re- organized, or convey its plant and property to an- other person, firm or a new company or corporation, the exemption on said plant and property shall be continued and extended for the five years from the original establishment of said manufactory and no longer. 50 ACCOUNTS. Accounts. Dec. i6, 1808. §1. Accounts from Commissioners rendered quar- terly. Nov. 23, 1836. Oct. 12, 1897. Mar. 26, 1901. Oct. 20, 1903. Accounts to be examined and certified. All accounts to be signed by Mayor Contracts by Com- missioners. Sec. III. All Boards of commissioners ap- pointed by the City Council, and also all persons whatever, who may have accounts with the City, shall render accounts to the City Treasurer for adjustment, once in every three months. Sec. 112. In the settlement 01 accounts and claims against the City, the following rules shall be observed, that is to say : Sec. 113. All accounts against the City, founded on contracts, shall be first examined and certified by the ofiicer or board with whom such contract was made, and shall then be submitted to the Treasurer, by whom the same shall be laid before the Committee on Accounts, to be reported by them (after exam- ination) to Council, by whom the same shall be ordered to be paid, excepting bills (accounts) for manual labor and payment on account of duly approved contracts and in these instances the ap- proval of the Committee in charge with the endorse- ment of the Mayor shall be deemed sufficient. All other accounts shall in like manner be duly ren- dered, examined, certified and ordered to be paid, as aforesaid. No accounts shall in any case be paid, at the treasury without being certified by the chairman of the board or officer submitting the same for payment and countersigned by the Mayor. Separate accounts shall be opened in theTreasurer's books under each head of appropriation, and no transfers shall be made from one head to another but by order of Council. No contract shall be made by any board of commissioners or any work ordered to be done exceeding five hundred dollars in amount, unless the same shall be previously sub- mitted to Council for their approbation, with esti- mates of the cost thereof. TICKET BROKERS. 51 Sec. 114. That the Committee on Accounts of jan. lo, 1899. the City of Charleston is authorized, empowered om books a-d and directed to destroy all old books and vouchers ed"a'fter^en"ea°rs! of the Treasurer's department of the City of Charles- ton which shall be found to be more than ten years old and in the judgment of said committee valueless. Ticket Brokers. Sec. 115. That all persons, firms or corporations Mar, n, 1902. engaged in the business of railroad ticket brokers, or Railroad Ticket , . , ^-,. . ^. . 1 11 1 -1 Brokers required scalpers, m the City 01 Charleston shall be required to take out a li- to take out a license for each place of business, and shall pa}^ as a tax the sum of $500. This license shall be good for the calendar year in which it is issued, subject to the conditions hereinafter stated, and shall not be transferable. And the following shall be printed on the face of said license, to wit : This is to certify that has been duly licensed as a railway ticket agency under Class No. , at No. street, in the City of Charleston, S. C, and in that place only, for the year ending December 31, 19 — . This license is granted upon the condition that the said shall comply with all the laws of the State, Ordi- nances of the City, and with an Ordinance entitled "An Ordinance to prevent indiscriminate scalping," and any amendments thereto, and infraction thereof will be deemed a sufficient cause for the revocation of this license. City Treasurer. Sec. 116. It shall be unlawful for any person caiY^duT^business engaged in the business of railroad ticket broker, or on street. scalper, to have anyone calling out his business upon any street of the City of Charleston, in front of his place of business or elsewhere, or to solicit for the 52 TICKET BROKERS. Not to sell al- tered or forged tickets. Certificate t o be given purchas- er. Unlawful t o sell without a li- cense. Mar. II, 1902. To refund mon- ey if tickets are valueless. said agency on the property of any railroad within the hmits of the City of Charleston. Any person violating this provision shall, upon conviction, be fined fifty dollars for each offence, and such convic- tion shall operate as a revocation of said license, and the said license shall become null and void and for- feited. Sec. 117. It shall be unlawful for any broker licensed under this Ordinance to sell any railroad ticket or contract for transportation of any railroad company which shall have been altered, forged or counterfeited. Anyone guilty of violating this pro- vision shall, upon conviction, be fined fifty dollars for each violation, and such conviction shall operate as a revocation of said license, and the said license shall become null and void and forfeited. Sec. 118. Persons, firms, or corporations con- ducting said business of railroad ticket brokers or scalpers, shall be required to give a certificate to every purchaser of a ticket, stating the date upon which the said ticket was sold, starting point, and the destination of the ticket, and the amount paid for it, and it shall be signed by such broker, or some one in his office. Any person engaged in this business who shall violate this provision, upon conviction, shall be fined fifty dollars for each offense, and the failure to pay such fine shall operate as a revocation of said license, and the said license shall become null and void and forfeited. Sec. 119. Any person, firm or corporation en- gaged in the business of railroad ticket brokers, or scalpers, guilty of selling without a license as herein provided, shall, upon conviction, be fined fifty dol- lars for each offense, or imprisoned not exceeding thirty days. Sec. 120. That all persons, firms, or corporations engaged in the business of railroad ticket brokers, or scalpers, in the City of Charleston shall be, and CANCELLATION OF LICENSES. ^3 they are hereby required to refund any amount which shall have been paid them for tickets, when- ever the ticket or tickets so purchased are refused for passage or confiscated by any railroad company or its agent; provided such ticket or tickets, or a receipt for the same, signed by any railroad com- pany or its agent, be furnished such broker. Any person, firm or corporation violating this section shall be fined fifty dollars for each offense, and the said license shall become null and void and forfeited. Cancellation of Licenses. Sec. 121. That the Mayor, City Assessor and Feb. lo. 1903- Corporation Counsel, and their successors in office, Committee to '■ _ _ . . revoke and can- are hereby constituted a special committee with full cei Licenses, power to revoke and cancel all licenses heretofore or hereafter granted to certain persons, firms, com- panies, corporations, or associations of any kind whatsoever, who are engaged in the business of making loans and charging usurious interest there- for. Sec. 122. That whenever complaint is made to Offender to be . , . . , . _ . summoned before said special committee as constituted in Section 121 committee. hereof, that the holder of any license granted to carry on any business is charging usurious interest on loans, or that any persons, firms, company, corpora- tion, or association is conducting a business without a license, they shall at once summon, after three days' notice, the alleged offender, to appear before them, and they shall hear the evidence submitted for and against said charge, and if said charge is sustained to the satisfaction of said special committee they are hereby authorized and empowered to forth- with cancel and revoke the license held by such offender, if he be the holder of a license. Should such offender fail to appear when summoned, action shall be taken by said special committee on the day appointed as if such offender were present. 54 Penalty. Oct. 26, 1840, July 9, 1901. Fixed Salaries. Co mm issioners of Sinking Fund. Aug. 23.1881, §1. Property pledg- ed for payment of bonds. FIXED SALARIES— SINKING FUND. Sec. 123. Should such offender, after the revoca- tion of his or their Hcenses, continue his or their said business without a Hcense, or not having obtained a Hcense shah carry on his or their busi- ness, he or they shall, upon conviction thereof, be fined fifty dollars ($50) for each offense, or impris- oned in the county jail not exceeding thirty days, or both, and the said special committee shall forth- with report the same to the Corporation Counsel, who shall forthwith institute proceedings in the City Court against the offender, for the enforcement of the penalties and punishment herein provided. Fixed Salaries. Sec. 124. All fixed salaries of city officers shall be paid on accounts duly made out and presented to the Treasurer, to be examined and certified by him to be correct, and to be countersigned by the Mayor, and all salaries of regular employees of all boards of commissioners, which said salaries have been duly fixed by resolution of the said board, shall be paid on accounts, duly made out and presented to the Treas- urer, and certified to him by the chairman of the board of commissioners, as examined and found cor- rect, when countersigned by the Mayor, and by him ordered to be paid. Sinking Fund. Sec. 125. That the Mayor, City Treasurer, and Chairman of the Committee of Ways and Means shall be the Commissioners of the Sinking Fund of the City of Charleston, and shall have the manage- ment of the moneys and property belonging to said fund. Sec. 126. That the property purchased by the City of Charleston from the Commissioners of the Sinking Fund of the State of South Carolina., which had been forfeited to the State for the non-payment of taxes thereon, shall be held by the City as pledged SUPERINTENDENT OF STREETS. ^^ for the redemption of bonds issued on the faith of the City of Charleston (except the bonds commonly- known as Fire Loan Bonds) ; and when any portion of the said property is sold or disposed of the pro- ceeds thereof shall be applied as follows : First. Toward the payment of the bonds and mortgages given by the City Council of Charleston to the Commissioners of the Sinking Fund of the State of South Carolina for the purchase of the said property, and the expenses of such purchase. Second. Towards the purchase of such City bonds as may deemed best by the Commissioners , . of the Sinking Fund. Sec. 127. That all the property purchased as ib., § 2. aforesaid shall be in charge of the Commissioners saies by Com- of the Sinking Fund of the City of Charleston, and shall be sold by them upon such terms and in such manner as they may deem most advantageous. Sec. 128. That upon any sale being made by the ib., § 3. Commissioners of the Sinking Fund of the City of Mayor Charleston, and upon the purchase money being paid into the Sinking Fund of the said City, the ]\Iayor of the said City is hereby authorized to convey, in the name of the City of Charleston, the property so sold to the purchaser thereof. to cute titles. CHAPTER V. STREET DEPARTMENT. SUPERINTENDENT OF .STREETS STREETS CELLAR DOORS LAMPS AND LAMP POSTS VACANT LOTS TREES WHARVES MILL PONDS DRAINS SEWERS WATER WORKS WELLS AND PUMPS ELECTRIC WIRES AND POLES. Dec. i8, 1879. Feb. 28,' 1893. Sec. 129. The City Council shall, on the second Election of Su- Tuesday of January nineteen hundred and six and slr'j'ets"'^^"* °^ 56 SUPERINTENDENT OF STREETS. May II, 1897. Employment of hands and carts. Bond. Pay of employ- ees. May27, 1868, §1. Duty of Super- intendent of streets. Reports. lb., § 2. Daily record to be kept. every fourth year thereafter elect an officer whose designation shall be Superintendent of Streets, and whose annual salary shall be eighteen hundred dol- lars, payable monthly, and who shall, before enter- ing upon the duties of his office, execute a bond in the sum of two thousand dollars, with two sureties, or one surety company, for the faith- ful performance of his duties. The Superin- tendent of Streets shall, with the advice and con- sent of the Mayor and the approval of the Committee on Streets, appoint such a force of hands and carts, and at such rates of pay, as may be necessary for the work on the streets of the City. The compensation allowed to the different employees in the street de- partment shall be paid every Saturday and the pay rolls for the same shall be made up and sworn to by the Superintendent of Streets; and upon being duly examined and approved by the Committee on Streets, shall be paid by the City Treasurer, upon the order of the Mayor. Sec. 130. It shall be the duty of the Superinten- dent of Streets, to visit, as often as possible, all streets, lanes, alleys, bridges, butcher-pens, slaugh- ter-houses, and all places that require the attention and vigilance of the City authorities, and to report to the Mayor all grievances and nuisances which may come under his observation ; and likewise all defects in sewers, drains, streets, sidewalks, bridges, etc., which, in his judgment, require re- pairs ; and to see that all employees in his de- partment are discharging their duties faithfully ; and that all streets, sidewalks, drains, gutters, etc., are kept clean, well graded, and in a sanitary condition. Sec. 131. The Superintendent of Streets shall keep a daily record of all carts, laborers, mechanics, and other employees, and all materials used, with names of persons employed, and names of owners SUPERINTENDENT OF STREETS. 57 of carts, and pay of the same, and cost of materials. Also, to keep a journal in which is to be entered the work going on for the day, designating the number of carts, laborers, mechanics, etc., at work, and where. And shall, likewise, keep a note or com- complaint book, plaint book, in which shall be entered repairs needed, complaints lodged by citizens, and the reports of po- lice respecting drains, streets, etc., out of order; and these books shall remain subject to the perusal of the Mayor and Aldermen and the City Surveyor. Sec. 132. All bills (accounts) for materials and ^^^ ^ ^- other expenditures in the street department shall be Approval and ^ '^ _ payment of bills. approved by the Committee on Streets ; and no bill (account) shall be paid by the Treasurer unless it has been properly examined by the Committee on Accounts, excepting bills (accounts) for manual labor, and in that instance the approval of the Com- mittee on Streets, with the endorsement of the Mayor, shall be deemed sufficient. Sec. 133. It shall be the duty of the Superinten- Mar. 18, 1874- §3- dent of Streets to make a monthly report to the City Monthly report /~. •! .•• ij, , r ,1 of Superintendent Council, contaniing a general statement 01 the ex- of streets. penses of his department during the month, the amount expended for laborers and other employees each week, and the amount expended for material and other purposes, with such other information as they may consider desirable. Sec. 134. The Superintendent of Streets during Mar.27, ises, §5. his term of office, shall not, directly or indirectly, save as the representative of the City, be engaged or y^^^ ^^ ^,g g„. interested in any contract or part of a contract, f^a^/t'^w-hh^dty.'^°" between the City and any person, firm, company or corporation ; nor shall he, save as the representative of the City, have any connection with the subject matter of such contract ;neither shall he engage in any other business which will interfere with his duties as provided by this chapter, or engage in any work for any person, firm, company or corporation. 58 SUPERINTENDENT OF STREETS. Mar.3,1837, §1. Committee on Streets, with the Mayor, to estab- lish regulations. lb., § 2. Su perintendent of Streets to obey all orders of the Mayor or Com- mittee on Streets. Penalty for neg- lect or refusal to obey such order. Penalty for op- posing or molest- ing Street Com- mittee or Superin- tendent of Streets. x,iay 27,1868, §3. March 8, 1892. Repairs and im- provements to be investigated b y Mayor and Com- mittee on Streets. Mar. 14, 1893. Superintendent of Streets to re- move all garbage, &c., from the streets. other than the City, which he may be called upon in any way to pass upon in behalf of the City. Sec. 135. The Committee on Streets, in conjunc- tion with the Mayor, shall, from time to time, pre- scribe and establish such regulations, and adopt such measures as they may deem expedient for filling up, leveling, and keeping in proper order and condition, all the streets, lanes, and alleys of the City. Sec. 136. The Superintendent of Streets shall obey all orders and directions he may from time to time receive from the Mayor or the said committee, appertaining to the filling up, leveling, and keeping in due order the streets, lanes, and alleys of the City. And for neglect or violation of any such order and direction, or refusal to perform any of the duties of his of^ce, he shall be liable to be fined by the .Mayor in a sum not exceeding twenty dollars, to be deducted from his salary. And any person or persons hindering, opposing, molesting, or prevent- ing any member of the said committee or the Sup- erintendent of Streets 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, or be imprisoned not exceeding thirty days in the discretion of the Court. Sec. 137. All repairs and improvements neces- sar}^ shall be first investigated by the Mayor and Committee on Streets ; and if such improvements are agreed upon, and the estimated cost does not exceed one hundred dollars, then they shall cause the vv^ork to be done. Sec. 138. The Superintendent of Streets shall be required to have the dirt, filth, garbage and all kinds of ofTal removed from the streets, lanes, alleys and open courts of the city; and the said dijrt. filth, garbage and offal shall be deposited by him at such place or places north of Line street as may be desig- nated by the Mayor, with the sanction of the City Council. And the said Superintendent, in addition STREETS. 59 to the foregoing, shall be required to keep the streets, lanes, alleys and open courts at all times clean and free from filth ; to keep clean and free from obstructions the gratings of the public drains and the gutters along the sidewalks, and shall also sweep daily the stone crossings therein ; and as often and at such times as Mayor or Committee on Streets may deem necessary, he shall have the paved' streets, lanes, alleys and open courts raked, and re- move and deposit the sweepings, scrapings and rak- ings therefrom at such place or places north of Line street as the Mayor shall, from time to time, desig- nate; Provided, however, that the Mayor be and is hereby authorized, between the first day of Novem- ber and the first day of May in every year, when, in his judgment, it appears for the public good, and after obtaining the consent of the Board of Health, to direct that such sweepings, scrapings and rak- ings, including tree trimmings and garden clean- nings, or other collections from the streets, free from animal or other offensive matter, shall be used in the filling of any street extensions or city low lands ; such deposits to be promptly and efifectually covered with clean earth or sand. To keep streets clean. the Streets. All dirt and rubbish thrown in the streets the property of the City. Sec. 139. All dirt and rtibbish thrown out of any Nov. 29, 1886. lot, or deposited in any public street or open square, shall belong to the city, and it shall not be lawful for any person to take away or demand, or ap- propriate the same to his own use, unless by the special permission or direction of the Mayor; and if any person shall be guilty of any such offence or shall remove dirt from or in any way injure any public street or open square, he or she shall be liable to a penalty of twenty dollars, or be subject to imprisonment not exceeding ten days : Provided,. That nothing herein contained shall be Proviso, construed to apply to the dirt or rubbish connected 60 STREETS. Rubbish, etc., to be removed from premises to street by owner. Nov. 20, 1806, § 4 amended. No steps to advance into any street. Penalty. with th-e erection of any building, which shall re- main subject to the existing regulations on that subject. Sec. 140. It shall be the duty of all persons and corporations, including railroad companies, mills, wharves, manufactories, repair shops, builders, con- tractors and individuals doing mechanical work, to remove from their premises and the streets adjoin- ing all dirt, rubbish, and all trees they may have trimmed or cut, and dirt out of the railway tracks, waste and surplus material, at their own expense, and on failure so to do, after notice by the Super- intendent of Streets, such dirt, rubbish, waste and surplus material shall be removed by the city at the expense of the offending parties, and such persons, firms or corporations so offending shall be subject to a fine not exceeding twenty-five dollars, or im- prisonment not exceeding ten days. Sec. 141. No person or persons whom soever shall advance the steps of any house or building into any street, nor shall any person or persons make or erect or cause to suffer to be made or erected, in the front of any street, lane, alley or open court, any fixture, annexation or projection what- ever extending or to extend beyond the foundation of the house or building, or beyond the extremity of the lot to which it is to be attached, (signboards, awnings made of cloth, and balconies excepted), un- der a penalty of ten dollars for each and every such offence, or imprisonment not exceeding ten days, and for each and every day while any such offence shall or may continue; besides which, all such steps, fixtures, annexations or projections, of whatever de- scription the same may be, as shall be made or put up contrary to the provisions herein contained, shall be removable at the expense of the offending party or parties. Sec. 142. The Committee on Streets, in conjunc- STREETS. 61 Feb. I, 1876, tion with the Mayor, shall have power and authority to order and direct the manner of building, alter- '■ ^' 3- insr and repairing: the sidewalks, and to order and Committee on ° . . , . . Streets and May- determine of what height and width the same shall or to direct man- 1 1 r 1 -11 11 1 11 1 "^'' °^ building be, and 01 what materials the walks shall be com- sidewalks, &c. posed ; with power to alter and improve those al- ready made in such way and manner as they think the public convenience requires. Sec. 143. No person or persons whomsoever ^^" ^ ''' shall suffer any fire-wood, coals, goods, wares,^ mer- cofis/goodX^e'tc'^,' chandise, carriages of any description, or any other "e^^gin^ '^"^i"^'^ the matter or thing, to him, her, or them belonging or streets longer '^' ' ' » & than four hours. consigned, to lay or stand for a longer space than four hours in any street, lane, alley or public thoroughfare, within the city, under a penalty of two dollars, with costs, for every hour that such article or thing shall so lay or stand, beyond the above mentioned time, after notice, or imprison- ment not exceeding five days ; excepting materials for buildings, in regard to which the following regulation shall be observed, namely : When any person or persons shall erect or repair any house or other building upon any street, lane, alley or open court, within the city, he, she, or they shall make application to the Committee on Streets for the use of so much of the street or public way as shall not exceed the front of the lot on which such building is to be erected, nor extend more than six feet into the street; which space such person or persons shall forthwith enclose, with a sufficient fence, at least six feet high, in order to deposit within the same the requisite materials for building and repairing; and such fence, together with the remaining mate- rials, he, she or they shall remove as soon as the work be finished, or whenever the Committee on Streets shall require it; and failure to comply with these requirements shall subject such person to a ^^"^''y- fine not exceeding two dollars, or imprisonment 62 STREETS. Nov. 20, 1806, §8. Encroachment upon the streets to be removed. Penalty. Jan. 13, 1882. Unlawful t o throw any glass, & c, in the streets. Unlawful t o throw refvise meats, bones, etc., into street. Penalty. Fruit skins. Penalty. not exceeding five days; and on pain, also, of hav- ing the same removed at his, her or their expense by the city. Sec. 144. All encroachments upon any street, lane, alley or open court and all obstructions in the way of foot passengers, not contemplated in the foregoing sections, shall be removed by the Superin- tendent of Streets, whenever ordered by the Com- mittee on Streets ; and if it be attended with any ex- pense or expenses the same shall be defrayed by the person or persons so encroaching upon any street, lane or open court, or so obstructing any footway. And any person or persons hindering or preventing the Superintendent of Streets in the exe- cution of any such duty shall be liable to a penalty of fifty dollars, or imprisonment not exceeding fif- teen days. Sec. 145. That if any person shall deposit any glass bottles, broken glass, slate, tiles, bricks or other debris in any roadway, or on any sidewalk in the limits of the city of Charleston, he or she shall pay for each offence the sum of five dollars, or be liable to imprisonment not exceeding five days : Provided, however, that nothing herein contained shall apply to such things as may be deposited in piles near the edge of the sidewalk for removal, as now provided by law. It shall not be lawful for any butcher, green grocer or any person connected with the public market or green groceries in the city of Charleston, to throw into the streets of the city any refuse meats, bones, heads or any portion of any dead animal, and for each and every offence the person so offending shall pay a fine of five dollars, or be liable to imprisonment not exceeding five days. If any person shall drop or put any fruit skins upon the sidewalks of the city, he or she shall be subject to a fine of five dollars for each and every offence, or be liable to imprisonment not exceeding five days. STREETS. 63 Sec. 146. There shall be laid down by the owner Aug. 13,1851, §i. or occupant of each lot in the city, having: an en- Platform re- J- , J ' Sec. 150. That no person, firm or corporation shall be allowed to dig up or disturb the surface of the earth in any street, or to take up any side- walk, or open any street for the purpose of laying any pipe or tile, or building, erecting or construct- ing any drain, sewer or underground vault, or re- pairing same, or doing any plumbing work whatso- ever on said streets, without the written permission of the Superintendent of Streets, which said writ- VACANT LOTS— CELLAR DOORS. 55 ten permission shall be given by him to such per- sons, firms, brick masons or corporations only as are regularly licensed by the city to do and perform such work. Any person, firm, and in the case of corporations, any officer or officers thereof, found guilty of violat- ing this ordinance, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days. Vacant Lots. Sec. 151. It shall be the duty of all persons own- ^^^- ''' '^^°- ing vacant lots within the City of Charleston to be\en^ced. '°*^ *° have the same securely fenced, and to keep the said fences in repair. And it shall be the duty of the Committee on Streets to have fences built around all vacant lots if the owners of the said lots fail to build such fences themselves after being notified in writing, and the whole expense of building said fences shall be assessed on the owners of the lots. Cellar Doors. Sec. 152. Every cellar door or cellar covering, juiy 23. 1838, §i. which shall be made or constructed in the pave- Construction of ments or sidewalks of any street, lane or alley, shall be placed upon the same level exactly as the surface of such pavement or sidewalk, and shall be made of some good and substantial materials, fitted to rest upon sills of stone, fixed in pavement or sidewalk, where there are pavements ; and where there are no pavements, then the sills of any cellar door shall be so placed as not to project 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 foregoing provis- ions, the persons so making or constructing the same shall be liable to a penalty of one hundred dol- Penalty. 5 66 CELLAR DOORS. Nov. 20, 1806, §4. Not to extend more than four feet. Penalty. Feb. 24, 1817, §1. Cellar doors to be repaired when necessary. Penalty. Nov. 20, 1806, §6. Cellar doors not to be kept open. lars, or imprisonment in jail not exceeding ten days, for every offence; and the owner or tenant of the building to which the cellar belongs, and for which such door or covering shall have been constructed or made, shall be liable to a penalty of five dollars, for every w^eek during which such cellar door or covering shall remain contrary to the provisions herein contained. Sec. 153. Nor shall any person or persons make, or cause or suffer to be made, any cellar door in front of any street, lane, alley or open court, which shall extend more than four feet beyond the founda- tion of the house or building to which it appertains, (except where foot pavements are not four feet wide, in which case cellar doors shall not extend be- yond the width of such pavement), under a penalty of ten dollars or imprisonment not exceeding five days for each and every such offence, and for each and every day while any such offence shall or may continue. Sec. 154. Whenever it becomes necessary, from decay or any other cause, that a cellar door should be repaired, it shall be the duty of the Chief of Po- lice, or Superintendent of Streets, to give immediate notice to the owner of the premises, or his agent, that unless the same be repaired without delay, the City will proceed to repair the same at the cost of the owner or owners of said premises, the amount so expended to be recovered in any court of compe- tent jurisdiction ;and, in addition thereto, a penalty of five dollars will accrue, to be collected in like manner as aforesaid, for every cellar door thus re- paired by the City as aforesaid, to their use and benefit : Provided, Said repairs be made with the consent, and to the satisfaction of the Mayor and Committee on Streets. Sec. 155. No person or persons whomsoever, shall keep any cellar door or cellar doors, in front LAMPS AND LAMP POSTS. 67 of any street, lane, alley, or public thoroughfare, or on any foot pa\'ement, open at night, or longer open in the day time than while the same is or are in im- mediate use, under a penalty of twenty dollars, for Penalty, each and every such offence, and for each and every night or day, as the case may be, on which any such offence is committed : Provided, That no fine Proviso, shall be incurred, for keeping a cellar door or cellar doors open in the day time, if the same be provided with a grading or other temporary cover, at least two feet in width, so as not to obstruct or endanger foot passengers. Lamps and Lamp Posts. Sec. 156. Any light company shall be authorized to lay pipes and to erect posts and lamps for the pur- pose of lighting the city, according to their contract with the City Council, and to such contracts as they may make with private persons agreeably to their charter ; and any person or persons who shall wil- fully break any lamp or part thereof, or who shall remove any lamp or lamp posts from the place where they are fixed, shall, for each and every such offence, be subject to a penalty not exceeding one hundred dollars. And if any person or persons shall take a burner or burners from any lamp or lamps, every such person shall, for each and every such offence, be subject to a penalty not exceeding one hundred dollars. Sec. 157. It shall not be lawful for any person or persons to tie, fasten or secure any horse, mule or other animal, to any lamp post, tree or tree box, within the limits of the city, under a penalty of five dollars, or be imprisoned not more than thirty days in jail for every such offence ; and any person or persons violating this section shall, in ad- dition to the above penalt}^ pay to the city all dam- Jan. 5, 1830, §1. May 22, 1849, §5. Gas Light Com- pany authorized to lay pipes, &c. Penalty for breaking or re- moving lamps or lamp posts. Penalty for tak- ing burners from lamps. Oct. 29, 1838, §1. March 14, 1892. Horses, & c, not to be tied to lamp posts. 68 TREES. Penalty. ages, not exceeding twenty dollars, which may be occasioned to any lamp post, tree or tree box, from any horse, mule or other animal which may be tied, fastened or secured to such lamp post, tree or tree box; which penalty and damages shall be recover- able in any court having jurisdiction thereof. Trees. Aug. 26, 1839, § I. March 14, 1893. Regulations for the planting of trees on the streets. Sept. 6, 1895. Appropriation for. March 14, 1893. Owners of lots may plant trees with approval of Commissioners. IT). Penalty for de- stroying or in- juring trees. Sec. 158. A Special Commission of three citi- zens consisting of Aldermen, or citizens other than Aldermen, -or of both classes, and to be known as "The Commissioners for the planting and protect- ing of Shade Trees," shall be appointed by his Honor the Mayor. There shall annually be placed at the disposal of the said Commissioners such sum or sums as may be appropriated by City Council for the purchase and planting of shade trees and for the care and attention of trees already planted, or to be planted hereafter. All vacancies occurring among the Commission- ers shall be filled by appointment of the Mayor. Sec. 159. Any owner or lessee of any house or lot within the City may plant any tree or trees in any street, lane, alley, or open court, in front of any such house or lot at his own expense, provided that the kind or species of the tree or trees to be planted, the distances apart, and the distance from the edge of the sidewalk be first approved by the said Commissioners, who shall have the right to remove any tree or trees which may be dangerous decayed or otherwise objectionable. Sec. 160. Any person or persons who shall wil- fully break down, destroy, injure, mutilate or re- move any tree or trees already planted, or hereafter to be planted, or any of the boxes which shall or may encompass them, in any street, lane, alley, or WHARVES. 59 open court within the city, shall, for each and every such offence, be subject to a penalty of twenty dollars or imprisonment not exceeding ten days ; and it shall not be lawful to cut away the limbs or branches of any tree or trees already planted or hereafter to be planted for the purpose of erecting posts or suspending wires for electric light, tele- graph or telephone or fire alarm service without the express permission, in writing, of said commission- ers, under a penalty of twenty dollars or imprison- ment in jail not exceeding thirty days for each and every violation of this section. Wharves. Sec. i6i. It shall not be lawful, at any period Aug. 19, 1839, §1. between the first day of May and the first day of — '■ — '- '■ — '- -•T 1 • 1 1 r Unlawful to November, in each and every year, tor any owner throw any mud or owners, lessee or lessees, tenant or occupant, of upo" any^ wharff any wharf or wharf lot within the city, to throw, ^^'^• place or carry, or cause or suffer to be thrown, placed or carried, any substance or matter of an offensive character, to or upon the side or surface of any such wharf or wharf lot; and if any owner 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 substance of matter of an offensive character, to or upon the side or surface of any wharf or wharf lot, such owner or owners, lessee or lessees, tenant or occupant herein offend- ing shall for each and every offence be subject to a penalty not exceeding one hundred dollars, or im- prisonment in jail not exceeding thirty days. Sec. 162. It shall not be lawful for any owner or owners, lessee or lessees, tenant or occupant of 70 VVHARNES. lb. . S I. lb. , § 2. Unlawful for any owner to fill up any whai ■f or wharf lots with mud 1 from any docks. Penalty. Dec. 17, 1845, §2. Unlawful t o throw fruit into the docks. Penalty. Aug. 19, 1839, §3. Dec. 17, 184s, §3. Fines where recovered. Jan. 19, 1858, §1. Smoking and carrying matches on the wharves prohibited. Penalty. any wharf or wharf lot, to fill in or make up any wharf or wharf lot, in whole or in part, with any substance or matter of an offensive character ; and if any owner or owners, lessee or lessees of any wharf or wharf lot, shall at any time hereafter fill in or make up any wharf or wharf lot, in whole or in part, with any substance or matter of an offensive character, such owner or owners, lessee or lessees, shall for each and every offence be liable to a fine not exceeding one hundred dollars, or imprisonment not exceeding- thirty days. Sec. 163. It shall not be lawful for any person or persons to cast or throw, or to be cast or thrown, into any of the docks within the city, from on board any vessel or from any other place whatsoever, any kind of decayed fruit or vegetables ; and any person or persons herein offending shall be liable to a fine not exceeding one hundred dollars for every such offence, or imprisonment not exceeding thirty days. Sec. 164. All fines and forfeitures incurred un- der the three preceding sections of this Ordinance may be recovered in any court of competent juris- diction, 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. Sec. 165. It shall not be lawful for any person to smoke or carry any lighted cigar or pipe, or to use or carry matches commonly known as parlor matches, on any wharf of the City, or on any street leading to any wharf, to the Eastward of East Bay Street, or of Washington Street (Market Street and the Ferry Wharf, at its East End, excepted,) un- der a penalty of five dollars for each offence, or im- prisonment in Jail not exceeding thirty days in the discretion of the Court ; and one or more policemen shall be detailed to keep a daily watch on the said wharves for the more efficient enforcement of this section. MILL PONDS— TIDAL DRAINS. 7^ Sec. 166. The South end of Council Street is Oct. 28. 1853. §i. hereby estabHshed as a place of landing for persons South end of and boats, for the use of the inhabitants of the City established as a public landing. and of the surroundnig country, Mill Ponds. Sec. 167. It shall not be lawful at any time from Nov. 30, issi. die first day of May until the first day of December Not lawfui to to allow the water to be drained off from any mill ^"'" '"'" p"""^^- pond or basin wherein the water is confined by flood gates or locks within the limits of the City, so as to expose the beds thereof, except under such rules and regulations as may be provided by the Board of Health, unavoidable accidents and disasters ex- cepted. The flood gates and locks of each and every mill pond or basin wherein the water is confined, within the limits of the City, shall be so constructed construction of that the tide shall flow in and out of the same for '"'^^*" the space of at least one hour at each and every flood and ebb tide, or in default of such construction that the flood gates or locks of such mill pond or basin shall be opened at least once in every twenty-four hours, for the space of one hour on the flood tide and one hour on the ebb tide. Any person or per- sons who shall violate any of the provisions of this section shall be liable to a fine of fifty dollars for penalty. each and every offence, and an additional penalty of ten dollars for each and every day that the viola- tion shall continue, after due notice in writing from the Board of Health or Health Oflicer. Tidal Drains. Sec. 168. City Council shall on 2nd Tuesday in Feb." 2/, 1898.' January, 1907, and every four years thereafter elect Keeper of Tidai T^ i-'-T-'-ii-r^- 11- i,- 1 Drains elected a Keeper 01 i idal Drains ; and his duties and com- annually. pensation shall be as hereinafter declared. 72 TIDAL DRAINS. lb., §2. To keep a re- cord book. lb., § 3- To flush drains daily. May II, 1892. Flushing. lb. Gates to be kept open at night. lb. Gates to be kept open during heavy fall of rain. Dec. II, 1866, §7. Daily examina- tion of sand pits. Report weekly. lb., § 8. Dec. 26, 1889. Examination of main and lateral drains. Sec. 169. The Keeper of the Tidal Drains shall keep a record book, in which he shall note, in writ- ing, everything relating to the drains ; and his book shall be always accessible to the Mayor and Commit- tee on Tidal Drains for examination. Sec. 170. It shall be his duty to "flush" the drains daily, or as often as he may be directed so to do, from time to time, by the Committee on Tidal Drains. Sec. 171. The "flushing" shall be done as fol- lows, viz : In fair weather and between sunrise and sunset, if the state of the tide permits, the gates shall be closed at high water. When the tide has fallen, and before the return of the next tide, all of the gates shall be opened for the water to rush out, and the gates shall not be closed again until the follow- ing day. Sec. 172. At night the gates shall always be kept open unless otherwise ordered by the Mayor or the Committee, and the Keeper of the Tidal Drains will be held to strict account for any violation of this section. Sec. 173. Whenever heavy falls of rain occur the gates must be kept open to avoid overflowing or straining the drains, and to give free exit for the rainfall. Sec. 174. He shall make regular daily examina- tions of the "sand-pits," removing the covers of the "man-holes" in turn, and sounding them to see what accumulation of solid matter has taken place in them, and cleaning them out as often as necessary. He shall note in the record book the condition of ev- ery pit he examines, and make written reports weekly, or as often as he may be required to do so, to the Mayor and to the Committee, of all operations of his in flushing and cleaning. Sec. 175. He shall make careful examinations of the condition of the drains, both mains and later- TIDAL DRAINS. 72> als, by passing along the whole course of them daily, or as often as the committee may require ; cleaning the openings of the laterals of sand or other solid matter liable to be carried into them by rain, wind, or the wheels of passing vehicles, and feet of animals or men, and otherwise providing for their perfect preservation from all avoidable obstructions, and he shall note, in the record book, everything re- quiring attention, and give account of it in his reports. All connections of Private Drains with Tidal Drains, shall be made under the supervision of the Tidal Drain Keeper, and no permit shall be issued to any citizen unless the Tidal Drain Keeper be immediately notified. Sec. 176. Each "man-hole" and corresponding "sand-pit" shall be designated in the report by num- bers and so entered in the record book o£ the Keeper of Tidal Drains. Sec. I yy. And the better to enable him to accom- plish all the work, it shall be competent for him to employ labor for cleaning out the drains, subject to the approval of the Mayor and the committee. Sec. 178. For the faithful performance of his duties as above detailed, he shall be responsible to the Mayor, and also to the Committee on Tidal Drains ; and he shall at no time draw any salary, or part thereof, without having first obtained the endorsement of the chairman of that committee as a voucher that he has faithfully performed his duty. Sec. 1 79. And for these services he shall be enti- tled to a salary at the rate of nine hundred dollars per annum, to be paid him monthly, as above prescribed ; and should he at any time, be convicted before Council of anv such neglect of dutv as in their judgment may justify his removal from office, the place shall be declared vacant, the salary cease to accure, and another keeper be promptly elected bv Council. Keep drains clear of all ob- structions. May 1892. Manholes and sandpits to be designated b y numbers in re- port book of keep- er. Dec. 1 1, 1866, §10. Labor. lb., §11 Responsible for faithful perform- ance of duty. Manner of drawing salary. lb., § 12. March 5, 1895. Salary. For neglect of duty to be re- moved. 74 DRAINS. Drains. March 28, 1893. Lots must have drains connecting with public drains. Xov. 20, 1806, §20. Private drains to be cleansed when choked. To be done at expense of owner. I n te rf e rence with cleansers un- lawful. Penalty. Sec. 180. Every lot bounding on a street in which there is a ptibHc drain shall have a drain therein of brick, stone, iron or clay pipe connecting the said lot with the said public drain, the same to be constructed under the direction of the Board of Health, under a penalty of twenty dollars for failing to have such a drain connection and also of ten dol- lars for every day that such drain connection shall not be made after notice to make the same shall be given by the Board of Health to the owner or occu- pant of said lot : Provided always, that where a lot bounds upon two streets, in each of which there is a public drain, a connection with either shall be a compliance -with this section. Sec. 181. Whenever the Mayor is informed or hath reason to suspect that any private drain, lead- ing into and connected with a public drain or sewer, is choked or filled with dirt, it shall and may be lawful to and for him to order, through the police, or through the Superintendent of Streets, the cleansing of such private drain ; and if the owner or occupant of the lot from which said private drain proceeds should not, within ten days after notice being given by the police or superintendent afore- said, have the same duly cleansed, it shall be done at the expense of such owner or occupant, and the costs and charges shall be recovered from such owner or occupant in any court having jurisdiction. If any person or persons shall molest, abuse, or repel any workman employed in cleansing any such private drain, every such person shall, for each and every such offence, be liable to a penalty of fifty dollars or imprisonment not exceeding thirty days. Sec. 182. It shall not be lawful for any person, company, or body corporate, to open, perforate, SEWER COMMISSIONERS. 75 break, or injure any public drain, or carry or con- Aus- 11.1857, §2- duct any pipe or other conduit throusfh the same, . Unlawful to in- J r t- a> ' jure any public under a penalty of twenty dollars or imprisonment drain, not exceeding ten days for each and every offence. Sec. 183. It shall not be lawful for any person to connect any private drain with a public drain with- out having first obtained assent of the Mayor thereto, under a penalty of twenty dollars, or im- prisonment not exceeding ten days for each and every offence. lb., § 3- Unlawful t o connect a pri- vate with a pub- lic drain without consent of Mayor. Coiiiniissioiicrs for the Separate Sanitary Sewerage Svstem. IJoard created. Of whom posed. Sec. 184. A Board of Sewer Commissioners Aug. 13,1895. §i- shall be, and the same is hereby created, whose duty it shall be to provide for and direct the maintenance and control of the new separate system of sewerage, with its connections and appurtenances, as already constructed or as its construction may hereafter be continued in the City of Charleston. The said Board shall consist of seven members, five of whom shall be appointed by the City Council upon the nomination of the Mayor as herein below provided, and the remaining two members shall con- sist of the Mayor and the Health Officer e.v officio. The City Council shall appoint, upon the nomina- tion of the Mayor, as .aforesaid, one citizen to the Board of Sewer Commissioners for the term of one year, one citizen for the term of two years, one citi- zen for the term of three years, one citizen for the term of four years and one citizen for the term of five years, reckoning from the date of said appoint- ments, respectively. At the expiration of the first year, and of each following year, the City Council shall appoint, in like manner, one citizen to the Board for the term of five years. How appointed. The Board of Sewer Commissioners shall organ- Organization. 76 SEWER COMMISSIONERS. Quorum. Meetings. lb., § 2. Powers Board. of ize with a chairman and secretary, to be chosen from among their number as soon as practicable after each annual election. Not less than four members, including either the Mayor or the City Health Offi- cer, shall constitute a quorum for the transaction of business at any meeting of the Board. The Board of Commissioners shall meet once in each month in regular session. Other meetings may be called upon the request of two members of the Board, or when in the judgment of the chairman, the exigencies of the occasion shall require. Sec. 185. The Board of Sewer Commissioners shall have full charge and control of the entire sew- erage system of the City and its connections, and shall make and control all expenditures of moneys appropriated for the maintenance, operation and con- struction of the same. It may make all rules and regulations relating to the operation and construc- tion of all sewers and their connections, as well as all appliances which may be attached thereto ; and it is authorized to provide for and secure suitable quarters or rooms for properly conducting the bus- iness of the Board. Sec. 186. The Board of Sewer Commissioners of srwers To ^be shall clcct, as soou as practicable after its organiza- ^^^ ^ ■ , tion, a superintendent of sewers, and such other offi- cers and assistants as in its opinion is necessary to carry on and maintain an effective sewerage system for the City. The Superintendent of Sewers appointed by the Board shall be an experienced civil engineer. He shall hold office for the term of two years from the day of his election and until his successor shall be elected and shall receive an annual salary of one thousand dollars in uniform monthly payments. He shall have full control and authority under the direc- tion of the Board, of and over the maintenance and operation of the entire sewerage system and its ap- purtenances. lb., § 3. Term of office. Salary. Duties. SEPARATE SANITARY SEWERAGE SYSTEM. 11 The Superintendent of Sewers may be removed from ofifice, for incompetency, for neglect of duty, for continued disability or for flagrant offences against the law, by a vote of a majority of the Board. Sec. 187. The term of service and the salaries or payments for service of all other officers, assist- ants or employees shall be determined by the Board, subject to the approval of the City Council. Sec. 188. In the case of the death, permanent disability, resignation or removal from the City of anv member of the Board of Sewer Commissioners, the City Council shall appoint, in the manner herein- above directed in Section 184, a citizen to serve as a member of the Board for the unexpired term. Sec. 189. On or before the first meeting of the City Council in January of each year the Board of Sewer Commissioners shall submit through its chairman, to the Committee on Ways and Means of the City Council an estimate of the moneys re- quired for the ensuing year for the maintenance and extension of the sewers and sewerage system of the City, so that adequate appropriations for the same may be made in the discretion of the City Council. Sec. 190. Nothing herein contained shall be construed to divest the City Council of the right to direct and control from time to time, as it may see fit, the operation and construction of the said sew- erage system, as well as the action of the said Board, and of its officers and employees whose appointment is hereinabove authorized. ed. May be remov- Ib., § 4- Term of office of employees. lb., § S. Vacancies o n Board. How filled. lb., § 6. Board to sub- mit estimates to City Council. Council to con- trol and direct the Board & sew- erage system. Separate Sanitary Sewerage System. Sec. 191. Until City Council shall establish the Feb. 12,1895. §i- offices of Superintendent of Sewers and Inspector Supervising of Plumbing, the duties hereinafter prescribed for 78 SEPARATE SANITARY SEWERAGE SYSTEM. Duties of. lb.. § 2. Use of sewers and all work con- nected therewith to be done under following rules. lb.. § 3- Board of Health may or- der connections made with sewers. Penalty. lb., § 4- Following acts a misdemeanor. Penalty. Inter f erence with sewers, man- holes, flush tanks, &c. said officers shall be discharged and performed by the supervising engineer of the work; Provided, however, That said engineer shall not charge, nor be entitled to receive, any additional compensation for such services. Sec. 192. That all sewers within the City shall be used ; and all plumbing and other work connecting therewith shall be done and maintained, under the following rules and regulations, to \vit : Sec. 193. The City Board of Health shall have the power to stop and prevent the discharge of sew- age from any premises within the city into or upon any public highway, stream, water course or public place, or into any drain, cesspool or private sewer, and to order a connection to be made with the pub- lic sewer for the removal of sewage from any prem- ises whatever, whenever in the opinion of said Board of Health the public interests shall demand it; and any person who shall neglect or refuse to comply Avitli the order of said Board of Health as above stated, within ten days of the service of notice of said Board of Health, shall be guilty of a misde- meanor, and shall pay a fine of not less than five dol- lars nor more than fifty dollars, or be imprisoned for not more than thirty days. Sec. 194. It shall be a misdemeanor to do or cause to be done any of the following acts, except as hereinafter provided, and any and all persons guilty thereof shall pay a fine of not less than five dollars nor more than fifty dollars for each and every offence, or be imprisoned not more than thirty days. I. To uncover the public sewer for any purpose or to make connection therewith, or to uncover the public inspection or connection branches thereof, or to open any manhole or flush tank, unless and_ except with the written consent and under the super- vision of the Superintendent of Sewers or his duly SEPARATE SANITARY SEWERAGE SYSTEM. authorized agent ; to do or cause to be done any in- jury or obstruction of any kind in any manner to any of the appHances or parts of the pubHc sewers. 2. To make or cause to be made any connection for the removal of sewage from any premises, with any storm or sub-water drain, or with any stream or w-ater course wuthin the Hmits of the City. 3. To make or cause to be made any connection branch of a pubhc sewer, except under a written Hcense for the work, signed by the Superintendent of Sewers or his authorized agent. 4. To make or cause to be made by any other person than a mechanic duly licensed to do such work by the City of Charleston, or authorized agent, any connection with the public sewers, or to make such connection in any other manner and with any other material than as follows, to wit : (a.) Every pipe connection with the public sew- ers, from a point four feet outside of the foundation walls or piers of the building, must be strong, sound, and impervious in all its parts, must be solidly laid on a true grade, and as nearly as possible in a straight line ; all changes in direction must be made with properly curved pipe; must be jointed in the best manner, and covered at least to a depth of one foot with well rammed earth, entirely free from stones and rubbish. Within twenty-four hours, (Sunday excepted) after the back-filling of the trench is completed, all paving and ballast must be replaced and the street left in the best condition, to the satisfaction of the Superintendent of Streets or his authorized agent. (b.) Gaskets must be used to prevent cement or lead from entering the pipes at the joints. (c.) Every building, except under conditions determined by the Superintendent of Sewers, and not conflicting with other provisions of this Ordi- nance, shall be separately and independently con- 79 To make con- nection with any storm or sub- water drain. To make con- nection without written oermis- sion. Who to make connections. How to make connections. Gaskets be used. must Every building to be separately connected w it h sewers. 80 SEPARATE SANITARY SEWERAGE SYSTEM. Size of be used. pipe to Grade. Size of pipe and depth of same from sur- face. No pipe to be laid within 5 feet of sewer, without permission. nected with the pubhc sewers ; each tenement to be regarded as a separate building. Six-inch lines may be laid in private property after approval by the Superintendent of Sewers or his authorized agent ; but only when there is not less than ten feet of four-inch pipe to, closet or slop sink, and where there are a number of small houses on one lot. No more than one drain shall be used to connect a building with the public sewers without special per- mit of the Superintendent of Sewers or his author- ized agent. (d.) No drain connected with the public sewer must be laid at a less grade than i in 50 without the written permission of the Superintendent of Sew- ers or his authorized agent. In all ditches where the bottom is unsafe from any cause, the grade must be made secure by concrete, planking or other means, to the satisfaction of the Superintendent of Sewers or his authorized agent, or by the use of cast iron or fibre pipe of satisfactory quality. If water pipe is laid in the sewer connection trench, it must be laid well to one side and above the sewer and must be of "extra strong" AA lead. Iron water pipes must be laid in a separate trench. (e.) All drains connected with the public sewer or branches shall be four inches in diameter, ex- cepting as provided in Sub-Article C in this section. No earthenware pipe shall be laid less than one foot under cover of earth. All drains of less depth shall be of cast iron pipe, with well caulked lead joints. (/. ) No person or corporation shall hereafter lay any pipe or conduit for any purpose whatsoever in any street within five feet on either side of the public sewer in such street without a permission in writing of the Superintendent of Sewers, or his authorized agent, with such conditions and restric- tions as he may impose. (g.) In opening trenches in any street or public SEPARATE SANITARY SEWERAGE SYSTEM. 81 way the paving or ballast must be removed with care; the sides of the trench must be sheeted or braced when directed, and in the manner directed by the Superintendent of Sewers or his authorized agent. The earth thrown from the trench must be placed so as not to obstruct the gutters and so as to cause the least obstruction to public travel. Gas and water pipes must be protected from injury, and the trench enclosed and lighted at night, and every pre- caution taken to prevent injury to person or prop- erty during the progress of the work. (h.) Any settlement of earth over a drain in any public street or public way, occurring within thirty days after the ground has been closed, shall be repaired at the expense of the owner of the prop- erty for which such drain has been laid. (i.) Notice must be left at the office of the Su- perintendent of Sewers twenty-four hours prior to the beginning of any work in laying a drain, and no material shall be used or work covered until in- spected and approved by the Superintendent of Sew- ers, or his authorized agent. . (/.) Permits to make connections with the pub- lic sewers will be issued only when the plumbing work and material in the house or building to be connected is in accordance with the rules and regula- tion for plumbing prescribed in the various subdi- visions of Article 5 of this Section. 5. To do or cause to be done any plumbing work connected with the sewerage of the City, or to use or cause to be used any material for such work, excepting in the way, kind and manner described as follows : First. Before any plumbing or drainage work is done in a building, or before any additions or changes are made in old work, excepting necessary repairs, a plan and description of the work to be done, signed by a licensed mechanic and counter- 6 Trenches i n street must be sheeted and brac- ed. Trench must be enclosed and pro- tected by lights at night. Settling of earth over drains to be repaired, by whom. Notice must be given to Su- perintendent o f Sewers and mate- rial approved by him before work of laying a drain is begun. Permits, issued. how How plumbing is to be done. Plans and de- scriptions must be furnished. 82 SEPARATE SANITARY SEWERAGE SYSTEM. S uperintendent of Sewers must inspect. Mechanic do- ing the work, not to act as agent of the city. Plumbing work to be tested. signed by the owner or agent, shall be filed in the office of the Superintendent of Sewers. Blanks for such plans and description will be furnished by the Superintendent of Sewers. All plans must be drawai legibly in ink. They must show the differ- ent connections and locations of the different fea- tures from the sewer to the termination above the roof. One vertical section of the plumbing arrange- ment will be sufficient if it can be made to show all the work; if not, two or more drawings must be fur- nished. Plans shall be approved or rejected with the least possible delay, but within twenty-four hours (Sundays and legal holidays excepted) after time of filing. After a plan has been approved, no altera- tion of the same wnll be allowed, excepting by special permit in writing, and no work shall be begun until the plans are approved by the Superintendent of Sewers. Second. The Superintendent of Sewers must be notified in writing whenever any work is read}^ for inspection, and all work must be left uncovered and convenient for inspection until inspected and approved by the Superintendent of Sewers, or his authorized agent, who must inspect the work within two working hours after notice : Provided, The plumber has complied v>"ith all the conditions of this Ordinance. The inspector \\\\\ then issue a certifi- cate of inspection and approval and file a duplicate of such certificate with the Superintendent of Sewers. Third. Under no circumstances can any me- chanic doing the work of plumbing or house drain- ing, or any employee of such mechanic, act as the agent of the City of Charleston to perform the duties prescribed in this Ordinance. Fourth. All plumbing work, before connection can be made with the public sewer, shall be tested by the plumber in the presence of the Superintendent SEPARATE SANITARY SEWERAGE SYSTEM. §3 of Sewers, or his agent, with water or air pressure, as the pkimber may select. The test shall be applied before the fixtures are placed on all new work. Old work may be tested in the same manner, or the smoke or peppermint test may be used, as the inspector may select, the object being to insure gas-tight work. With the w^ater test the soil pipe shall be filled to its top and shall show no leakage in ten minutes. With the air test fifteen pounds pressure for thirty 11°^" tested. feet of height and under, and twenty pounds for more than thirty feet, shall be maintained for ten minutes without diminution on the guage. Fifth. All pipes receiving the discharge of water ^ K'^^ of pipes ' ^ ^ ° ^ for water closets. closets from one foot below the surface of the ground, (excepting in roadways where two feet will be required,) to six inches above the eaves of the roof of the house, must be of cast iron, four inches inside diameter, put away from all windows and left open at the top. The top of the soil pipe must be at least twenty feet from window or other opening into any building. All branches or other extensions of sewer connections, whatever use they may serve, if more than seven feet in length, must be ventilated by a cast iron pipe of the size to six inches above the eaves of the roof of any adjoining building. Sixth. All horizontal four-inch cast iron pipe Cast iron pipes . / ^ to have fittings used for soil or waste, below or above ground, or and brass trap placed on walls, in cellars or basements, shall have fittings and four inch brass trap screws on all ends and on main line, not exceeding twenty-five feet apart. All other cast iron pipe or waste pipe shall have Y branches and brass trap screws of size of pipe, so located that the pipe may be easily cleaned. Seventh. All stone pipe shall be of the best qual- ^^^*g°"^ ^i^^l ^° ity of vitrified salt glazed sewer pipe, free from blis- ters, thoroughly glazed and burnt, straight and of uniform texture, with deep bells of sufficient size to insure good jointing. All connections shall be made 84 SEPARATE SANITARY SEWERAGE SYSTEM. Joints of iron with lead pipe shall b e made with brass fer- rule. Joints in pipe. How made. lead Same pipes. clay Waste and vent pipes. wath Y branches, and all changes in direction shall be made with curved pipe or Y branch cast iron pipe. All connections with waste pipes shall be made with Y fittings. "Sanitary tees" can be used only on ver- tical pipes. No waste pipe shall be tapped into the soil pipe or the trap of any other fixture, but shall have separate fittings in every case. No double hubs or sleeves shall be used on any line of iron pipe, excepting for connections. Eighth. All joints of cast iron with lead pipe shall be made with a brass ferrule, Raymond or other improved make, of the same size as the lead pipe, set into the hub of the iron pipe and caulked with lead and attached to the lead pipe by a wiped solder joint. Ninth. All joints in lead pipe must be made wnth solder and wiped, if possible. All joints in cast iron pipe must be made with packed oakum and molten lead, well caulked, the lead to be at least i^ inches deep, and made w-ater tight. The joints must be left as caulked until tested. All joints in clay pipes shall be made with good hydraulic cement pro- portioned I to I. with clean sharp sand or gravel, a gasket of oakum being used to keep the cement from entering the pipe. Care must be taken that the inside of the pipe is perfectly cleaned out before a connec- tion is made with the house. The ends of all pipes are to be kept closed during construction. Tenth. All waste pipes, when less than two inches inside diameter, shall be made of lead.. No pipe less than 1% inches, inside diameter, shall be used. All waste and vent pipes with fittings, tw^o inches or more inside diameter shall be of cast iron. Galvanized or rustless wrought iron pipe may be used for vent pipes. No waste pipe from refrigerator or other receptacle in which food or provisions are stored, shall be connected with a drain, soil or waste pipe, l)ut must be separated therefrom, emptying into an open sink furnished with a trap. SEPARATE SANITARY SEWERAGE SYSTEM. 85 Eleventh, x^ll waste pipes from interior plumb- ^"''' discharg- ing, exclusive of water closets and urinals, when less than seven feet in length may be discharged into an open trapped yard sink of approved construction. If over seven feet in length, a ventilation pipe must be carried six inches above the eaves of the roof. If five or more fixtures are attached, the waste pipe must be two inches or more inside diameter. Only one fixture shall be allowed on a i ;^ inch waste pipe, the vent pipe to be of the same size as the waste pipe. Tzvelfth. Any line of pipe connected with the weight of pipe, public sewer, if within four feet of any habitable building, or within ten feet of a well or cistern, the water from which is used, or may be used, for drink- ing or culinary purposes shall be of standard weight cast iron pipe with well caulked leaded joints. In passing into and through a cellar or basement the pipe shall be attached to the walls wherever practi- cable. Thirteenth. All water closets and separate fix- Traps to be tures must be trapped as close to the fixture as pos- sible, and there must not be more than ten inches from water seal to floor. In no case shall a cast iron hopper be leaded into a pipe or trap, but shall be fas- tened down with brass screws. On cement floors and on brick floors iron hoppers shall be fastened on a flange with brass screws or bolts. All earthen- ware hoppers and washout closets shall be fastened to lead or brass flange soldered to ferrule and fas- tened by brass screws or bolts.. Fourteenth. Cast iron traps, with hand holes Certain kinds 1 11 1 1 TVT 1 11 • °^ traps not to shall not be used. JNo bell trap, runnmg trap or any be used. trap depending for its seal on a movable part shall be used. No water closet shall be used which has an unventilated space of more than lOO cubic inches between two seals, or which has such unventilated space of any capacity in which any part or the mechanism moves, or the walls of which are not 86 SEPARATE SAXITARY SEWERAGE SYSTEM. S and P traps. Kitchen sinks to have traps. Broken pipes to be replaced. Rules as ventilating pipes. to Rules as to ventilating pipes. flushed at all points at each use of the closet. This includes the Pan, Defiance, and all other closets of similar construction. Fifteenth. All S. and P. traps for small fixtures, which are ventilated from the crown of the trap, shall have the vent pipe of the same size of the waste pipe. All two-inch traps shall have trap screws. Sixteenth. All kitchen sinks for hotels, restaur- ants and boarding houses shall have some approved grease trap attached. All slop sinks in yards shall be not less than two and one-half feet square, the frame filled in with concrete tamped solid, and fin- ished smooth with good cement. They must be built in manner and material as shown in drawings on file in the office of the Superintendent of Sewers.. Catch basins or sand traps, which will be required when- ever silt, sand or other heavy deposit likely to pass from house connection and which may affect the proper working of the sewers must be constructed as shown on drawings in the office of the Superinten- dent of Sewers. Seventeenth. When house drains are cleaned all broken or damaged pipe must be replaced with sound pipe, well jointed, and must be inspected and ap- proved, as with new work, before the trench is refilled. Eighteenth. All ventilation or other pipes on outside walls in public or private streets or alleys shall pass through the wall not less than six feet above the grade of such street or alley for protection from damage by passing vehicles. Before any pipe is attached to the wall of any building on adjacent property the consent of the owner of said property must be obtained. Nineteenth. All four-inch soil and ventilation pipes and fittings on the inside and outside of all buildings shall be cast iron pipes. No soil or venti- lating pipe shall rest on stone pipe, but shall be sup- SEPARATE SANITARY SEWERAGE SYSTEM. 87 ported by a cast iron bent or Y, firmly fixed, and with a piece of cast iron pipe at least two feet long, attached horizontally to w^hich the stone pipe may be connected. Ventilation pipes to yard closets must terminate at least eight feet above the ground. Twentieth. All w-aste pipes must be trapped at each separate fixture and as close to the fixture as possible. Laundry tubs of not more than three parts may be considered as one fixture. Tzuenty-Hrst. Whenever there is any possibil- ity of a trap becoming unsealed, either by suction, syphonage or back pressure, the trap must be venti- lated from its crown.. The ventilation pipe from a water closet trap must be at least two inches in di- ameter, inside measurement. Where the back vent pipe from the traps of more than four water closets are combined, or the vent pipe of four such combined traps is more than thirty feet in length, the size of the vent pipe must be increased to three inches inside diameter, and carried six inches above the roof, or it may be run into the soil pipe five feet above the highest fixture. In buildings more than six stories in height the size of the vent pipe must be of the same size as the soil pipe, and must be carried six inches above the eaves of the roof. Other vent pipes from traps must be as large as the respective waste pipes, but where five or more are combined, or where the A-ent pipe from the trap is more than thirty feet in length, the size of the vent pipe must be increased to two inches inside diameter, and carried six inches abo^'e the eaves of the roof, or may be run into the soil pipe five feet above the highest fixture. Where two or more fixtures attach to a two-inch waste pipe all traps shall be back-vented. All washouts or other closets that have the trap attached above the floor, syphon closets excepted, must be back- vented. Twenty-second. The discharge from hydraulic Waste pipes be trapped. to Ventilation traps. of 88 Discharge from hydraulic eleva- tors. Steam water. hot How water- closet connections must be made. House drain connections. How everflow pipe must be con- nected. Alterations and repairs. House connec- tions must be made under su- pervision of Su- perintendent. SEPARATE SANITARY SEWERAGE SYSTEM. elevators, passing into the public sewers, must first enter a drum or tank of sufficient size to hold the entire discharge, from which the water may flow into the sewer with little pressure. The drum or tank must be separately trapped anci ventilated. Tzvcnty-third. Steam or hot water from any source passing to the public sewer must first pass into a condenser or receiver properly trapped and ventilated. Tztrenty- fourth. All water closets shall be so located that they shall have not less than fifteen feet drain connection to the public sewer, and not less than five feet inside of the property line. Tzvcnty-iifth. The house drain or connection branch constructed in the public streets or alleys must be built of the size and in the manner showai in the drawings on file in the office of the Superinten- dent of Sewers. Tzvcnty-sixth. No trap ventilating pipe shall be used as a waste or soil pipe.. Tzventy-seventh. Overflow pipes from all fix- tures must be connected on inlet side of the trap. Tzventy-eightJi. All additions, alterations and repairs on all sewer, drain, soil or waste pipes shall be made in accordance with these rules and regula- tions. Tzvcnt\-nint]i. The house connection branch from the sewer shall be constructed only under the personal supervision of the Superintendent of Sew- ers or his duly authorized agent, and to his satisfac- tion. The house system shall be connected with the connection branch of the public sewer only in the presence of the Superintendent of Sewers, or his duly authorized agent, and only after he has person- ally inspected and accepted the entire w^ork and sat- isfied himself that it is strictly in accordance with the requirements of this Ordinance. 6. To throw or deposit, or cause to be thrown SEPARATE SANITARY SEWERAGE SYSTEM. 89 or deposited in any vessel or receptacle connected with the public sewer, any matter or thing wdiatso- ever, except faeces, urine, the necessary closet paper and liquid wastes ; or to allow any house drain to be connected with any priyy or cesspool or under- ground drain, or with any other channel conveying water or filth, excepting the .soil pipe and plumbing work of the house or building as hereinbefore pro- vided. The Superintendent of Sewers shall have full power to stop and prevent from discharging into the public sewers any private drain through which substances are discharged which are liable to injure the sewers or to obstruct the flow of the sewage.. Sec. 195. No person, firm or corporation shall do any w^ork under this Ordinance without having first secured a license to do such work from an authorized agent of the City of Charleston ; and such license shall not be given to others than a skilled mechanic, or those who keep a skilled mechanic in employ. Every person, firm or corporation to whom a license be granted shall, before proceeding on any work covered by this Ordinance, file a bond, to be approved by the Mayor, conditioned in a sum suffi- cient to indemnify and save harmless the City of Charleston from all damages arising from con- nections made with the public sewers. No person, firm or corporation licensed, to do the v/ork herein provided for, shall undertake house drainage or plumbing work without first receiving a special per- mit for each case. Applications for permits for house drainage and sew^er connections must first be made in writing by the owner of the property or by his authorized agent, giving the name of the licensed mechanic who is to do the w^ork, and requesting that the licensed mechanic be duly authorized there- for. Blanks for such applications will be furnished by the Superintendent of Sewers. Sec. 196. It is made the duty of the Superinten- To throw or deposit anything, except fsces, urine, the neces- sary closet paper, &c., prohibited. lb.. § 5. No work to be done unless by a regular mechanic, and permit there- for be first ob- tained. How permit to be obtained. lb., § 6. 90 WATER-WORKS. dent of Sewers and of his authorized agents to en- force full compliance with the sections in relation to the sewer connections, the construction of house drains and plumbing work, and the exclusion of all improper substances from the drains and sewers, and a failure of duty in this respect shall subject such Superintendent of Sewers or his agents to all the penalties of this Chapter. Water Works. Aug.23, 1881, §1. Unlawful open any plug. to fire April 22, 1890. Unlawful t o interfere with fire hydrants. Aug. 23, 1881, §2. Hitching horses to hydrants pro- hibited. Sec. 197. It shall not be lawful for any person or persons to open any fire plug appurtenant to the Water Works, or to draw water therefrom, except- ing the officers of the City of Charleston Water- Works Company and persons under their direction, or with their permission, and the Chief of the Fire Department, and the members of a fire-engine or hose company, and by any authorized officer of the City for sanitary and other purposes, as agreed to in the contract between the City Council of Charleston and the said Water- Works Company. Sec. 198. It shall not be lawful for any person or persons not connected with the City of Charles- ton Water- Works Company, or with the Charleston Fire Department, or other proper City official, to meddle, interfere with or open, for any purpose whatever, any of the fire hydrants on the mains of the said Water-Works Company — and for each and every such offence, the person or persons found guilty of the same shall be punished by a fine not exceeding one hundred dollars, or be imprisoned in jail not exceeding thirty days in the discretion of the Court or justice trying the case. Sec. 199. It shall not be lawful for any person or persons to hitch horses or other animals to any of the hydrant posts of any of the fire plugs or pub- lic drinking fountains. WELLS AND PUMPS. 91 Sec. 200. It shall not be lawful for any person or persons to place or deposit any building- material, rubbish, merchandise or any other obstruction in front of any of the fire plugs so as to prevent ready access to the same by the Fire Department. Sec. 201. It shall not be lawful for any person or persons to deface, remove or injure in any way any of the fire plugs or public drinking fountains, valve covers or other property of the said City of Charleston Water- Works Company. Sec. 202. Every person who shall violate any of Penalty, the provisions of the four preceding sections of this subdivision, shall, for each and every oftence, be subject to a penalty of ten dollars, or be imprisoned for a period not exceeding thirty days in jail. Sec. 203. It shall be the duty of the police to report all persons found violating any of the provis- ions or prohibitions of any of the sections of this sub-division, and to arrest all persons who may wan- tonly deface or injure any of the property of the said Water- Works Company above referred to. lb., § 3- Unlawful to ob- struct fire plugs. lb., § 4- Unlawful to re- move or injure fire plugs, &c. lb., § 6. Police port. to JJ\^lls and Pumps. Sec. 204. All public wells which shall hereafter Nov. 20, 1806, U2. . Aug. 15,1844, §6. be sunk, and all public pumps, shall be placed upon ^ ^^ / t" Regulations for the edge of the foot pavement ; and where no toot sinking public , . , IT r 1 • 1 r wells and erect- pavement is laid, at such distance from the side 01 ing public pumps. the street, lane, alley or public way, as to leave suf- ficient room for a foot pavement ; the spout and handle of every such pump shall be so fixed as not to project on any existing or intended pavement ; the basin and grate to every such pump shall likewise be placed along the edge of every such pavement. If any person or persons shall wilfully break, injure, or destroy any of the public wells or pumps sunk or placed, or to be sunk or placed, in any part of the City, or shall injure, remove or destroy any pump Penalty for in- juring, &c., public wells and pumps. 92 ELECTRIC WIRES AND POLES. Unlawful t o wash horses, S:c., at the public pumps. Apl. 17, 1795, §1. Casks not to be filled from pumps without using a funnel. July 12, 1853, §1. Board of Fire- Masters to have supervision o f the City pumps and wells. handle, pnmp box or other gear, belonging to any or either of the public pumps or wells, or shall throw any brick, stone, filth or other rubbish into either of them, every such person shall, for each and every such offence, be subject to a fine of ten dollars in addition to the cost of repairing or replacing the same, or imprisonment not exceeding ten days. And it shall not be lawful to and for any person or per- sons to wash any horse or horses, carriage or car- riages, clothes, or other things, at any public pump in the City, under a penalty of five dollars for every person so offending or imprisonment not exceeding five days. Sec. 205. If any person shall fill any cask or other vessel containing more than five gallons from any of the said pumps without using a funnel and a trough of at least six feet in length, he. she or they shall, for each and every such offence, be subject to a penalty not exceeding five dollars, for the use and benefit of any person or persons prosecuting for the same, or imprisonment not exceeding five days. Sec. 206. The Board of Fire Masters shall have charge and supervision of the City pumps and wells : and it shall be their duty to cause all necessary re- pairs to the said wells and pumps to be promptly done, and to see that the same are, at all times, in good order and working condition. Electric Wires and Poles. Sept. 10, 1895. Office of City Electrician estab- lished. Sec. 207. That from and after the fourth Tues- day in October, 1895, the office of City Electrician be and is hereby established.. Sec. 208. That on the second Tuesday in March, 1904, and on the same day in every second year thereafter, a competent person, skilled in the handling and management of electrical machines and machiner}^ to be known as the City Electrician, shall ELECTRIC WIRES AND POLES. 93 be nominated and appointed b)^ the Ma)^or, subject to the confirmation of City Council, who shall serve for the term of two years from the date of his appointment, and until his successor shall be ap- pointed and confirmed. He shall receive an annual salary of sixteen hundred dollars, payable monthly, and shall have an ofiice at the City Hall. The City Electrician shall have charge of the police alarm and the general supervision of the fire-alarm system of the City, and generally, so far as the interests of the city and citizens are concerned, supervise and direct the erection, conduct and maintenance of all poles, wires and other electric apparatus in, through, upon or over the streets of the City of Charleston. He shall have such assistant or assistants as Council may from time to time allow. Sec. 2og. Applications for permits to erect poles and stretch wires must be filed in the office of the City Electrician, accompanied by a plan indicating the proposed location and character of the same, such plan to be approved by the Committees on Streets and Electric Wires, and when so approved the City Electrician shall issue a permit in the name of said Committees. It shall not be admissible to occupy any main streets with poles or other supports where it is practicable to penetrate any district or supply the occupants of any one square by erecting such poles and supports in the alleyways. Sec. 2 to. All wires carrying currents for elec- tric lights or electric powers for any purpose what- soever are herein designated and classed as electric light wires, and all wires other than for the above purpose are herein designated and classed as tele- graph wires within the meaning of this sub-division. Sec. 2X1. All poles shall be erected under the supervision and control of the Committee on Streets, and all wires of every class shall be strung under the supervision and control of the Committee on Electric Wires. Appointment of. Oct. 13, 1902. Salary. How payable. Duties. Assistants. 27th March, 1900. A p p 1 i c ations must be made for the erection o f poles and wires. Main streets not to be occu- pied where their use can be avoid- ed. Definition wires. of March 27, 1900. Committee o n Streets to" con- trol. 94 ELECTRIC WIRES AND POLES. 27th March, 1900. All companies to occupy tlie same line of poles. Rental. 27tli March, 1900. Roofs must not be used for sup- port o f wires without consent of owners. Wires to be in- sulated. 27th March, 1900. Samples to be submitted. How wires to be fastened. Must not sag. Wires along walls must be rig- idly attached. Light wires not less than one foot apart. Sec. 212. All companies erecting wires shall occupy the same line of poles wherever such com- bined use is practicable, to be determined by the Committee on Electric Wires, and shall pay therefor such rental or compensation as the parties interested may agree upon; or if they shall fail to agree, then such as may be fixed by the Committee on Electric Wires. Sec. 213. Roofs of buildings must not be used in the support of wires, nor shall any other part of buildings be so used without the consent of the owners thereof properly authenticated to the com- mittee on Electric Wires, and with the approval of the City Electrician. Sec. 214. All electric light or power wires hereafter erected or strung must be covered with a durable water-proof insulation, not less than two coatings. Permits to string wires will be granted only after approval of samples submitted to Com- mittee on Electric Wires and the City Electrician, and no wires other than those thus approved by samples may be strung. Sec. 215. Electric light and power wires must be fastened to insulated supports by insulated tie wires. The use of iron tie wires is prohibited. All tie wires must have an insulation equal to that of the conducting wires. Wires must be tightly stretched and never allowed to sag to such an extent as to be capable of coming into swinging contact with each other, with signs or other neighboring objects. Sec. 216. In running along walls all wires shall be rigidly attached to the same by non-conducting fastenings, and shall not hang from projecting insu- lators in loose loops. All arc fight wires shall be placed at not less than one foot apart, and whenever they approach any conducting body capable of fur- nishing a ground connection they must be rigidly secured and separated from the same by some ap- ELECTRIC WIRES AND POLES. 95 proved non-conductor. The use of porcelain knobs as insulators on the outside of buildings is prohib- ited, except in dry places, where an approved special insulation must be used on the wires. Wires must not be so placed as to render it easily possible for water to form a cross connection between them. Sec. 217. Where angles occur in the line, sub- jecting the supports to increased strain, guard irons must be placed at the outer ends of the cross-arms ; guard wires must also be placed wherever their presence would prevent telephone, telegraph, or other wires from coming into accidental contact with electric light, power and trolley wires for electric street railways. Whenever it is necessary for any electric light, power or trolley wires to be run under telegraph, fire alarm or telephone wires,, permission shall be granted to do so by the City Electrician, with the approval of the Committee on Electric Wires, but the company running such wire or wires shall pay the expense of raising the other wires, so that the said wires shall be not less than five feet above said electric light, power or trolley wires to make them entirely safe ; and whenever any tele- graph, fire alarm or telephone companies wish to stretch wires above any electric light, power or trol- ley wires, they must cross not less than five feet above said wires. The guard wires above each elec- tric light, power or trolley shall consist of such wires, and shall be stretched in such manner as may be prescribed by the City Electrician, with the ap- proval of the Committee on Electric Wires. The cost of such guard wires and guard irons, or change of poles, shall be borne by the person or company making the last construction.. Sec. 218. All electric light and power circuits shall be provided with some approved device for declaring and detecting ground connections. Tests for grounds shall be made at least three times each Porcelain knobs prohibited, except in dry places. March 27, 1900. Where angles occur guard irons must be placed. Guard wires to be placed; when. Permission nec- essary t o run light or power wires under tele- graph wires. Guard wires; how composed. Cost of same; how borne. Circuits must have device for detecting ground connections. Tests must be made three times each day. 96 ELECTRIC WIRES AND POLES. March 27, 1900. Wires, poles, &c., no longer in use must be re- moved. Size of poles. Oct. 14, 1902. Wires must be not less than 22 feet above street. Crossing wires must be not less than 5 feet apart. Permission t o trim trees must be obtained from Tree Commis- sioners, and trim- ming must be done under their direction. March 9, 1897. Poles to be within six inches of the curb. Oct. 14, 1902. When neces- sary, the location of the poles to be changed at ex- pense of the Com- pany. Right reserved to place, without cost, any police or fire alarm wires, on poles of any Compnnj'. day. When a ground connection occurs, it must be found and remedied without delay. Sec. 219. All loops, wires, poles and other sup- ports no longer in use, shall be removed at once.. Sec. 220. All poles shall be of ample size to support with safety the wires to be placed thereon, size to be determined by the Electrician, with the approval of the Committee on Electric Wires. Sec. 221. All wires shall be erected at a distance not less than twenty-two (22) feet above the level of the street, and all wires of different classes cross- ing each other shall do so at a distance not less than five (5) feet. That whenever it shall be necessary to trim any tree or trees to clear wires, or for any other such like purpose, application shall be made to the Board of Tree Commissioners, who shall have the necessary trimming done under their supervi- sion and attention ; and all expense of such trimming of said trees shall be borne and paid for in advance by the person or corporation making such applica- tion. Sec. 222. All poles erected after the passage of this Ordinance, unless otherwise ordered by the Street Committee, shall be placed within six (6) inches of the curb and five (5) feet from any fire hydrant, and five (5) feet from any lamp post, the right being hereby reserved to the Committee on Streets to change, at the expense of the respective company, the location of any pole or poles now or hereafter erected, when such change is deemed nec- essary for the public convenience or safety. Sec. 223. The right is reserved to the City Council to place without cost any police or fire alarm wires that are or may be in future erected for the City's use, on any pole or poles erected in the streets, alley ways or other highways of the City, and all permits hereafter granted for the erection of poles shall be subject to this condition. ELECTRIC WIRES AND POLES. 97 Sec. 224. That every electric light and power Aug. 8, 1899. firm, company, person or corporation operating or Gongs and in- having: its wires strtinar within the city limits shall erected by firms ° . "^ ... or companies in cause to be erected in the station of such company, places of business. person, firm or corporation, at its own expense, such gongs and indicators as shall be approved by the City Electrician and the Board of Fire Masters, to be used in case of fire, and for the protection of firemen. Sec. 225. That said gongs and indicators shall congs connected t ,11 • 1 r with fire alarm be connected by said firm, company, person or cor- wires. poration, and at their own expense, with the fire alarm wires, and placed under the supervision of the City Electrician, or Superintendent of Fire .A.larms, who shall have access to and keep the same in order at all times. Sec. 226. That upon the occurrence of a fire in companies or any district or part of the city in which such person, emergency tllms firm, company or corporation shall have have strung '" ^^^^ ° ^^' any electric light or power wire said person, firm, company or corporation shall immediately send an emergency team and one or more competent men, with necessary apparatus and tools, to have such wire or wires removed as shall be ordered removed by the chief of the fire department or his assistant or other officer in charge of said fire. And said emer- gency team and men so sent shall report immediately Team to report to the chief, assistant or other person in charge of Department. the fire, and be and remain under his orders, which shall be promptly executed until dismissed. Sec. 227. That in all cases of great emergency. Electric cur- and when deemed necessary by the chief of the fire off^ if °ordere™by department, his assistant or other officer in charge of the fire, notice shall be given such person, firm, company or corporation at their power station by sjgnal on bells, and gongs, one and two, and upon such notice or signal such person, firm company or corporation shall immediately turn off the electric current in the district of said fire. 7 Chief. 98 ELECTRIC WIRES AND POLES. Penalty. Wires entering buildings must be insulated. 2^ March, 1900. City Council may from time to time add to or modify this sub-di- vision. 27 March, 1900. Sec. 228. Any person, firm, company or corpo- ration violating this Ordinance by refusing to erect said gongs, wires and indicators shall be fined one hundred dollars for the first offence and fifty dol- lars additional for each and every day thereafter until said Ordinance shall be complied with, and shall also be fined not less than twenty-five dollars or more than one hundred dollars for each and every violation of the other provisions contained in said Ordinance; said fines to be recovered in any Court of competent jurisdiction. Sec. 229. Where wires enter a building, they must be encased in continuous pieces of hard insulat- ing tubing, so inclined as to oppose the entrance of water, and the outer end of this tubing must be sealed with some plastic insulating material in such manner as to exclude all moisture.. Sec. 230. The City Council hereby reserves to itself the right to add to or modify this subdivision, and any rules and regulations which may be pre- scribed by the Committee on Streets; or the Com- mittee on Electric Wires, and if in its opinion, it should hereafter become necessary to require any and all electric wires to be placed underground. Sec. 231. That any violation or refusal on the part of any person or company to make such alterations or repairs in their present or fu- ture construction as may be demanded by the joint Committee on Streets and Electric Wires in conformity with this sub-division shall work immediate suspension of all permits held by the person or compan}^ guilty of such violation or refusal ; and in the case of the persistent viola- tion of the requirements of this subdivision, and in the case of dangerous necessity, the joint Committee on Streets and Electric Wires is authorized to in- struct the Chief of Police or the City Electrician to cut out lio-ht or to cut out the current in any local- ELFXTRIC WIRES AND POLES. 99 ity concerned, and to enforce the discontinuance of all rights until the rules are complied with. Sec. 232. Any person, and any officer, agent or Penalty. employee of any company or corporation, violating any of the provisions of this subdivision, shall, on conviction, be fined not less than one dollar nor more than one hundred dollars, or imprisonment not exceeding ten days in the discretion of the court, except in cases for which a different penalty is expressly prescribed in this subdivision. Sec. 233. The city electrician shall, in addition city Electrician to his present duties, have general supervision over, a°nd^^^tringfng"of and he is hereby authorized, empowered and di- ''''^^^' rected to regulate and determine the placing, string- ing and attaching of all telegraph, telephone or elec- tric light and power or other wires now in use or which shall hereafter be erected in the City of Charleston, so as to prevent fires or accident or injury to persons or property, and to cause all such wires and all electrical appliances to be so placed, constructed and guarded as not to cause fires or accidents, or endanger life or property, and when- ever, in the judgment of said city electrician, any electric wire shall be defective by reason of im- proper or insufficient insulation, or for any other cause, the said city electrician shall at once notify the owner thereof of such defect, and order him to repair or remove the same, and upon the owner's failure or refusal so to do within seven days from the date of such notice, the said electrician shall cause the repair or removal of the same. Sec. 234. The city electrician shall have the city Electrician . 1 . , 1 ■ , r , ■ rr • 1 1 .■ . J to enter subways, right, m the discharge of his orhcial duties, to enter have access to aii , ., ,. ,1 , 1-1 buildings, etc. any building, man-hole or subway, or climb any pole, for the purpose of examining or testing the electrical appliances therein or thereon contained. And for that purpose he shall be given prompt ac- cess during reasonable hours to all buildings, pub- 100 ELECTRIC WIRES AND POLES. After inspection no change to be made without per- mit for same. Contractor t o notify City Elec- trician when work ready for inspec- tion. No c 11 r r e n t tvirned on without certificate. Materials, etc., t o conform t o rules of National Board of Fire Underwriters. lie or private, and to all manholes and subways, on application to the individual or company owning or in charge of the same. Sec. 235. No alteration shall be made in the wiring of any building for light or power, nor shall any building be wired for electric lights, motors or heating devices without a permit therefor from the city electrician, nor shall any change be made in any electrical installation after inspection without notification to the city electrician and his written permit therefor. Sec. 236. Upon the completion of the wiring of any building for light, heat or power it shall be the duty of the company, firm or individual doing the same to notify the city electrician, who shall then inspect such wiring and appliances, and if approved by him he shall issue a certificate of satis- factory inspection, which shall contain the date of such inspection and an outline of the result of his examination, but no such certificate shall be issued unless such wiring and appliances be in strict con- formity to the rules and regulations prescribed or required by these ordinances, nor shall current be turned on such installation until said certificate be issued. Sec. 237. All electric construction, all materials and appliances used in connection with electrical work and the operation of all electrical apparatus within the City of Charleston shall conform to the "rules and requirements of the national board of fire underwriters for the installation of wiring and apparatus for electric light, heat and power," as they are now established, or may hereafter be amended, and the said rules and regulations are hereby adopted and approved as a part of these or- dinances, but subject nevertheless to such modifica- tions and changes as City Council may from time to time direct. ELECTRIC WIRES AND POLES. 101 Sec. 238. It shall be the duty of the city elec- trician to so direct the placing of poles and wires in the streets, alleys and public places of the city that the same shall cause as little obstruction as possible either to public travel on such thoroughfares or to the private use and enjoyment of adjacent prop- erty. It shall also be his duty, and he shall have authority, to compel the removal of superfluous poles, loops, wires and other supports at once. Sec. 239. In any case of failure to comply with the requirements of these ordinances the city elec- trician shall have authority, after five days' notice, to cut out lights or current in any locality con- cerned, and to enforce discontinuance of the same until said requirements are complied with. Sec. 240. Any person or firm, or the superin- tendent, manager or person in charge of any cor- poration, who shall violate any of the provisions of this ordinance, or who shall fail, neglect or refuse to comply with any order or request of the city electrician given in pursuance of said ordinance and the rules embraced therein, shall, upon conviction, be fined not less than five dollars, nor more than one hundred dollars, or be imprisoned not less than five days, nor more than thirty days, for each and every offence. Sec. 241. The City electrician shall, in addition to his present duties, have general supervision over the public lighting of the streets, whether said light ing be done by contract or otherwise, as the City Council may from time to time determine, and he shall examine and report to the Mayor as to the fulfillment or breach of all street lighting contracts, and shall certify to him on every voucher for pay- ment thereon, that such payment is due in accord- ance with the terms of the contract on account of which said voucher is drawn. Sec. 242. He shall see that all ordinances of City Electrician to direct placing of poles and wires. Current cut out i f requirements not observed. Penalty. Oct. 14, 1902. City Electrician to have supervis- ion over lighting of city. 102 ELECTRIC WIRES AND POLES. To have ordi- nances relating to lighting, etc., en- forced. To report breaches of con- tract to Mayor. To report an- nually to Coun- cil in reference to lights. Unlawful to ex- tinguish lamps. Penalty. the city and all orders and rules of City Council and of the Committee on Lighting, relating to public lamps, or lighting of the streets and public grounds, are strictly enforced; shall keep a record of the location of every public lamp and the number and description thereof, together with a record of all lamps reported by the police department, or any other person or persons, as extinguished or not in order, and cause proper allowances to be made for each and every breach of any and all public lighting contracts ; shall report to the Mayor every omis- sion or neglect of any person, firm or corporation, whose duty it is to light, clean or repair the public lamps, and all breaches of street lighting contracts ; shall issue, acting under direction of City Council, the orders for the installation or discontinuance of public lamps, or the substitution of one style of lamps for another; he shall make an annual report to the City Council during the month of January, in each and every year, of all matters pertaining to the lighting of the streets and public grounds of the city; and shall perform such other duties pertain- ing to the said public lighting as may from time to time be prescribed by the City Council and the Committee on Lighting. Sec. 243. It shall be unlawful for any person or persons not employed by the person, firm or corpo- ration having a contract with the city of Charleston for lighting all or any portion of the public streets or public grounds of the city, to light or extinguish a street or public lamp : and then only such as are included in their respective contracts ; and any per- son who shall light or extinguish any such lamp or lamps otherwise than herein provided, or any burner in any such lamp or lamps, shall forfeit and pay for each and every such offence a sum not ex- ceeding ten dollars, nor less than five dollars, which penalty shall be recoverable in any court having '.' ' > >: SUB-WAYS AND UNDERGROUND WIRES. jurisdiction thereof, or imprisonment not exceed- ing thirty days. Sub-Ways and Under Ground Wires. 103 Sec. 244. That all corporations, firms or per- sons to whom permission may hereafter be granted for running or laying underground conduits, ducts or pipes for electrical conductors or cables or wires, or who shall be required by law or ordinance to do so. shall conform to the requirements of this ordi- nance. Sec. 245. That no street, lane, alley, or road in the city of Charleston shall be broken or occupied by any corporation, firm or person for the purpose of laying down conduits, ducts or pipes except by permission of the Mayor and Council. That during the construction or laying down of said under- ground conduits, ducts or pipes, conductors, cables or wires, no street, alley, lane or road shall be opened or the paving or roadway broken into for a greater distance than one thousand feet at any one time, or opening, and that no section of one thousand feet shall be kept open for a longer period than ten days. That said opening or trench shall not be of greater width than five feet, except the manholes, and as the work progresses the paving shall be promptly and properly relaid and the street, alley, lane or road put in good condition at the expense of the corporation, firm or person con- structing the same. That for good cause shown the Mayor, on recommendation of the city elec- trician, shall have power to extend the time during which said trench may be kept open. Sec. 246. That any person or persons, corpora- tion or firm, duly authorized by ordinance to run or lay underground conduits, ducts or pipes for electrical conductors, cables or wires, and desiring March 27, 1900. Conduits not to be laid without permission o f Mayor. Not more tlian 1 ,000 feet to be kept open for more than ten days. Trench not to be wider than 5 feet. Mayor may ex tend time. Plans and speci fications to be filed with Mayor by firms laying conduits. 'r. f ' c c r ,t - I » t , 104 Mayor Committee Streets to permit. and o n grant Penalty. Parties laying conduits liable for all damage to gas and water mains. SUB-WAYS AND UNDERGROUND WIRES. to place the same along or across any of the streets, alleys or public places of the city of Charleston, shall file with the Mayor an application therefor, with plans and specifications showing the location, routes and length of the proposed underground con- duits, ducts or pipes. Sec. 247. The Mayor and the committee on streets are hereby authorized, upon the filing of the application and plans and specifications required by the preceding section, to grant a permit for such occupancy of the streets, alleys, and public places as shall be set forth in such application, plans and specifications, subject to the regulations and qualifi- cations of this ordinance. The opening of any street, alley or public place for such purpose with- out a permit having been first obtained shall sub- ject such corporation, firm or person to a fine or penalty not exceeding $500 for each and every of- fense and the stoppage of the work until such per- mission is obtained. The work of constructing any underground conduits, or laying any ducts, pipes, electrical conductors, cables or wires, shall be un- der the supervision and to the reasonable satisfac- tion of the Mayor, committee on electric wires, committee on streets and the city electrician, who shall have at all times free and unobstructed ac- cess to the conduits, ducts or pipes, electrical con- ductors or cables for the purpose of making con- nection therewith for such wires or conductors, in use or to be hereafter used by the city, in which case, however, reasonable notice of such proposed connection shall be given to the corporation, firm or person owning or operating such conduits, ducts or pipes. Sec. 248. That all corporations, firms or persons occupying any streets, lanes, alleys or road with un- derground conduits, ducts, pipes, cables, electrical conductors or wires shall be liable for all damages SUBWAYS AND UNDERGROUND WIRES. 105 for gas and water mains and sewer connections with sewers and for all damages which may come to the city of Charleston directly and approxi- mately, or for which it may be in any manner what- soever responsible, caused by the opening of trenches or the condition of streets, alleys, lanes or roads resulting from the construction of conduits or the laying of ducts, pipes, electrical conductors, cables or wires or making connection, and good and sufficient bond shall be given, subject to the ap- .^ond to be proval of the Mayor, in the sum of $5,000 as the security for the same. Sec. 240. Any corporation, firm or person con- , One duct to be . . . furnished for use structmg conduits or laynig ducts or pipes under of city. this ordinance shall furnish to the city, on demand, one duct for municipal fire and police purposes : Provided, however, that no electric light or power wire shall be placed or used by the city or by any other person in any duct or conduit constructed or used by any telephone or telegraph company. It is also declared that the privilege and benefit extended to the city in this respect shall be an equivalent for ^^^ ^^ ^^^ and in lieu of the taxes and rentals which might n>shing city duct •-> to be exempt from Otherwise be assessed by the city against such con- certain taxes. duits, ducts, pipes, electrical conductors, cables or wires so constructed or laid, but not for proper taxes on other property legally taxable. Sec. 250. That all corporations, firms or persons Location of having telegraph, telephone or electric light wires, natld. ° ^ ^^'^ electrical conductors or cables placed underground shall, whenever thereto required by the Mayor of the city of Charleston, file their report within thirty days thereafter, under oath, with the Mayor, show- ing the actual number of wires and their location, and the miles of wire and electrical conductors un- derground, owned or leased or controlled by them in the city of Charleston. Sec. 251. That for the purpose of reaching the 106 SUB-WAYS AND UNDERGROUND WIRES. Distributing poles allowed. Bond given. t o Sept. 8, 1899. Telephone, Tele- graph Go's, to maintain wires in subways in cer- tain streets. offices of the companies herein named and the premises of the users of the service furnished by any corporation, firm or person operating under this ordinance the necessary poles for distributing wires from the subways may be erected in any and all of the streets, (excepting in King street be- tween Calhoun and Broad streets) under the direc- tion and supervision of the Mayor, the committee on electric wires, the committee on streets and the city electrician. ^EC. 252. That upon the passage of any ordi- nance granting any company, corporation, firm or individual privileges under this ordinance or un- der any ordinance now in force relating to or regu- lating or requiring underground wires, electrical conductors, conduits, pipes or tubes, the said com- pany, corporation, firm or individual shall, before exercising any privileges or reciuirements thereun- be der, give a bond to be prepared and approved by the corporation counsel and the Mayor, and to be entered of record, in the sum of five thousand dol- lars, conditioned that they will properly relay and pa^'e all openings made by them, such bond to be cancelled when such openings shall have been properly relaid and paved and accepted as such by the superintendent of streets. No permit shall be issued as aforesaid until this condition is complied with. Sec. 253. That from and after the 31st day of December, 1899, it shall be unlawful for any corpo- ration, firm or person, now or hereafter conducting a telegraph, telephone or burglar alarm business, to erect any pole or poles, or to stretch, extend or run any of its wires along and through any of the streets of the City of Charleston within the area or areas in Section 257, of this ordinance, (and also set out in the diagram or plat hereto attached as part of this ordinance,) except as provided therein, SUB-WAYS AND UNDERGROUND WIRES. IQJ unless the same be run, stretched and maintained in and through subways or conduits laid under ground, and operated and maintained in accordance with the provisions of an ordinance entitled *'An ordinance relating to the constructing of subways and underground wires for electrical purposes and regulating the same," ratified the 13th day of July, 1897 • Provided, however, that defective poles, or poles destroyed by fire, storm or other casualty may be replaced and stand under this ordinance as the original pole to be so replaced would have stood. Sec. 254. That on and immediately after the Time. 31st day of December, 1899, ^^ such corporations, firms or persons, now, then and thereafter conduct- ing such telegraph, telephone or burglar alarm business, shall, and before such date may construct and maintain, each for itself, or conjointly, should they so determine and agree, such conduits or sub- ways including necessary man-holes and house con- nections in the territory and streets hereinafter re- ferred to, as may be necessary to contain the wires used and to be used by them, or any or either of them, or their lessees, along and through the said streets or areas ; such construction of the said con- duits or subways and the placing of wires or cables therein to be fully completed on or before the ist day of July, 1907. Sec. 2SS- That all poles or posts now standing Poles to be re- , . ■ , , ,. , , moved by July, or used, or which may be standmg or used on the 1907- 1st day of July, 1907, in the streets or areas herein- after described, shall be removed from said streets, and all wires suspended thereon taken down and removed on or before the ist day of December, 1907, and poles shall be no longer maintained there- in, except such distributing poles as are necessary and permitted and provided for by the ordinance hereinbefore referred to. Sec. 256. That for a failure to comply with this Penalty. ^Qg SUB-WAYS AND UNDERGROUND WIRES. ordinance the person or persons in charge of the business or office of the said company or corpora- tion, firm or persons, in the said City of Charleston, shall be summoned before the Recorder of the said city, and if found guilty shall be fined a sum not exceeding twenty-five dollars for each and every day of said default. But the imposition and collec- tion of this fine shall not in any way authorize or sanction the further maintenance of such poles or in any way prevent the City Council from removing the same or causing them to be removed. Underground Sec. 2^7. That the area, strccts or distHcts to bc streets. first affected by this ordinance shall be contained in the area south of and including Line street. That within this specified area no poles shall be erected or maintained and no wires placed upon or along the following streets, running in a northwardly or southwardly direction, to-wit : East Bay, Church, Meeting, King, Legare and Rutledge avenue. That poles may be erected and maintained and wires placed and kept upon and along all of the streets, avenues, lanes, alleys or courts in such specified area running in a general eastwardly and west- wardly direction, saving in the following streets, in which said poles and wires shall not be erected, strung or maintained except in subways, to-wit : South Bay, Tradd, Broad, Wentworth and Calhoun streets. License for Sec. 258. That in the event that any telegraph, underground be- telephone or burglar alarm business company shall I9o^ '^' ""'^' prior to the first of July, 1907, build and construct underground conduits and operate the wires of their system or systems in the same throughout the area specified in Section 257. then the license for such company for the period of time from the completion by them of such subways until the first day of July, 1907, shall be at the rate of ten dollars per annum; should the said period of required completion be BOARD OF HEALTH. hereafter extended beyond the first day of July, 1907, then and in that event the hcense for such company at that time operating its wires in an un- derground system throughout the above mentioned territory shah remain and continue at the rate of ten dohars per annum until the final date when all the telegraph, telephone and burglar alarm com- panies shall be forced to have their wires placed un- derground in the area specified. 109 HEALTH DEPARTMENT. BOARD OF HEALTH— HEALTH OFFICER— CITY DISPENSARY PHYSICIANS— BIRTHS AND MAR- RIAGES—PRIVIES AND VAULTS— LOW LOTS- INTERMENTS AND CEMETERIES. Sec. 259. The Board of Health of the City of Jan. 17, 1882. Charleston shall consist of three practicing physi- Board of cians and eight citizens of the City of Charleston, pointed anT con- all of whom shall be appointed by the Mayor, and from whom he shall select a chairman ; and which said board shall hold their ofiice for the term of two years from the date of their appointment or until their successors are qualified. Sec. 260. The authority, duty and powers here- Mar. 30, 1875, §2. tofore imposed by any Ordinance for the purpose Duty and pow- of preserving health or preventing disease, upon helit°i fo^b^J^«f any officer or person, are hereby exclusively con- ed^'by'^BoIrr^o^f ferred upon and shall hereafter be exclusively exer- ^^^'"'• cised by the Board of Health, the members and offi- cers thereof ; and the powers of the said Board shall be construed to include the prevention of the sale, or offering for sale of, improper articles ; the removal of any matter or thing in or upon the public streets, or places which shall be, in their opinion, detrimen- 110 BOARD OF HEALTH. Abating of nui- sances. lb., § 3- To remove or remedy anything on any lot or building, which may endanger public health. lb., § 4- Sanitary inspec- tors. lb., § b. Powers in re- gard to buildings, excavations, &c. tal to the public health, and generally the abating of all nuisances injurious to the public health. Sec. 261. The Board of Health shall have full power and authority to require the owner or occu- pant of any lot or building in the city to remove or remedy anything on said lot or building, which, in the opinion of the Board, ma}^ endanger the public health ; and on failure of the owner or occupant to remove or remedy the same, after notice, the Board shall have the same done at the expense of said owner or occupant, the said amount to be recov- ered in any court of competent jurisdiction, and the owner or occupant shall be further subject to a fine not exceeding twenty-five dollars or imprisonment not exceeding ten days. Sec. 262. The Board of Health or Health Offi- cer shall appoint four sanitary inspectors, whose dis- tricts and duties shall from time to time be pre- scribed by the Board, and whose salaries shall not exceed the sum of fifty dollars a month each. jVmong the other duties it shall be incumbent upon each of said inspectors to visit every lot in his dis- trict at least once a month, and to report to the Board of Health anything they may find which tends to endanger the pubilc health ; and in course of such inspection to examine all privy vaults and carry out such instructions as may be given by the Board. Sec. 263. The Board of Health may order or cause any building, excavation, matter or thing, or the sewerage, drainage or ventilation thereof, which shall be regarded by the said Board as in a condition dangerous or detrimental to health, to be removed, suspended, altered, or otherwise abated, as said Board shall direct ; and they may also order any substance, matter or thing left in any lot, building, street, alley, or other place, which said Board may regard as dangerous or detrimental to life or health. BOARD OF HEALTH. Ill to be speedily removed to some proper place to be designated by them. On failure of any party to obey the directions and orders of the Board of Health, such person shall be subject to a fine not exceeding twenty-five dollars or imprisonment not exceeding ten days. Sec. 264. The Board of Health may enact such by-laws, rules and regulations as it may deem ad- visable, in harmony with the provisions and pur- poses of this subdivision, and not inconsistent with the Constitution or laws of this State; and from time to time may alter, annul, or amend the same. They shall also have powder to declare what shall be deemed nuisances injurious to health, and to pro- vide for the removal thereof, and to make and en- force regulations to prevent the sale of unwholesome food. Sec. 265. It shall be the duty of every physician or other person who may be called upon to attend any person with any infectious, contagious or pesti- lential disease in the City of Charleston, to report to the Board of Health within twenty-four hours after the ascertainment of such disease, the nature of the disease, and the premises on which the same may be. Provided hozvever, that if there should be no attend- ing physician it shall be the duty of the owner, occu- pant or lessee of any premises on which a case of infectious, contagious or pestilential disease shall occur, to report the same to the Board of Health in like manner as hereinbefore ordained. Any physi- cian or other person who shall violate any of the provisions of this section shall be subject to a fine of not more than fifty dollars or imprisonment not exceeding thirty days. Sec. 266. It shall be the duty of the police, whenever called upon, to execute the orders of the Board of Health ; or the Board of Health may exe- cute such orders through its own officers or persons ; Penalty. lb.. § 7. By-laws, rules and regulations. Nuisances. Sale of un- wholesome food. March 25, 1884. Infectious o r contagious d i s- eases to be re- ported. Penalty. Mar. 30, 1875, §8. Powers of Board of Health in the execution of orders. 112 BOARD OF HEALTH. May 14, 1901. Oct. 10, 1893, Penalty for ob- structing or re- sisting Board of Health. Oct. 10, 1903- lb., § ID. Penalty for neg- lecting or refusing to comply with orders, &c., of Board of Health. Hides, Bones, etc. Unlawful to sell diseased and un- wholesome food. Adulterated food. and in the execution of said orders, such officers or persons shall have, in all matters relating to the ex- ercise of their duties, all the powers and authority- exercised by the police force. Sec. 267. If any person shall obstruct or resist the Board of Health or any member thereof, or any person by them appointed in the execution of the powers to them given, or in the performance of the duties enjoined on them by this or any other ordi- nance in relation to the public health, such person shall be subject to a fine not exceeding one hundred dollars or imprisonment not exceeding thirty days. Sec. 268. If any person shall violate any of the provisions of the preceding sections of this chapter or shall refuse or neglect to comply with any rule, regulation, order or notice of the Board of Health authorized by any of the said sections, and no other penalty is provided for such violation, neglect or refusal, such person or persons shall be liable to pay a penalty not exceeding fifty dollars, or to an imprisonment not exceeding thirty days for each offence. Sec. 269. No person shall bring or cause to be brought into the limits of the City of Charleston, any hides, bones, peltry, rags or other articles what- soever, which may tend to produce infection, or in any way to injure or endanger health. Sec. 270. No person shall sell or offer or ex- pose for sale, in public or private, any blown, stale, decaying, putrid, rotten or unwholesome provisions, vegetables, fruits or tainted meats or fish, or any impure or unsound food, or any drink liable to be injurious to health, or the flesh of any animal that has died of disease, or which was diseased when killed. Sec. 271. No person shall adulterate or cause to be adulterated any substance intended for food, or any drug or medicine, or shall offer for sale any such adulterated article. ROARD OF HEALTH. W^ Sec. 272. No distiller, brewer, or keeper of any Putrid, offensive . matter not to be workshop, manufactory or laboratory, or warehouse produced or stored , 1-1111 1 'f* City limits. keeper or owner, or soapboiler, chandler, or other person, shall have, keep, or use, produce or store, within the limits of the City of Charleston, foul, fetid, putrid or offensive or injurious matters, sub- stances or odors or vapors liable to injure health, and on complaint of the Chairman of the Board of Health and the Health Officer, unless it be at once discontinued, and his honor, the Mayor, shall order such places to be forthwith closed and such business stopped, the continuance of which is liable to injure health. Sec. 273. The Health Officer shall remove or Removal of ' -^ . foul or offensive cause to be removed any foul or offensive matters matter. whatever to such place or places as may be selected by said Board of Health at the expense of the owner of said matter, or the occupant or owner of the premises where the same may be, and he shall have authority to call upon the police department to assist him in the enforcement of this provision. Sec. 274. All slaughter houses, dairies, stables. Slaughter . houses, stables, and other places where animals are kept for any etc., to be kept purpose whatever, shall be kept clean and whole- some by removal of all ordure, urine and other offensive matters, and by suitable cleansing as often as may be necessary in the opinion of the Health Officer. Sec. 275. No lot shall be used for building pur- Lots to be filled , ,_. - ,^. . Ml 1 11 ^'id drained be- poses m the City of Charleston until the same shall fore houses are have been inspected by the City Surveyor, who shall give a certificate that such lot is filled above the level of the pavement and graded so as to be effect- ually drained, and upon such certificate all owners, agents, contractors and builders are required to obtain permits from the Board of Health before commencing the erection of any building. Sec. 276. All owners and agents of dwelling water supply. 8 114 BOARD OF HEALTH. Defective vaults. Vaults cleaned. to be Small pox — re- moval of cases. Conveyance of offensive matter through streets. houses shall provide that the same be amply sup- plied with hydrant water or with a cistern or cis- terns having a suitable capacity, and whose lower water level is above ground. Sec. 277. Whenever any privy vault shall be found defective or leaky, th'e Board of Health, through its proper officers, may order the same to be emptied or repaired or to be rebuilt. Sec. 278. Whenever any privy vault shall be filled within one foot of the surface thereof, or when- ever the Board of Health through its proper officers shall so order, such privy vault shall be emptied by the owner, agent or tenant within forty-eight hours after notice, under penalty not exceeding twenty- five dollars, and in default of payment of the fine, imprisonment not exceeding thirty days in the county jail ; provided that in all cases when the tenant or lessee shall have assumed in writing the obligation of emptying said privy vaults, the pen- alty shall be inflicted upon the tenant or lessee, and not upon the owner or his agent.. Sec. 279. The Board of Health may remove or cause to be removed to hospital, or other place of treatment, any person or persons suffering from smallpox, whenever such removal shall, in the dis- cretion of said Board, be deemed necessary for the proper treatment of such person or persons, for the prevention or spread of such disease. Sec. 280. Any vidanguer, agent or employee of vidanguer, or any other person who shall convey through any street or public way of the City of Charleston, any excrement not thoroughly deodor- ized, as required, shall be liable to a fine not ex- ceeding twenty-five dollars, and in default of pay- ing such fine, such offender shall suffer imprison- ment in the county jail not exceeding thirty days. Any person who shall convey through such street or public way other odure, foul or offensive matter, BOARD OF HEALTH. 115 I except in such receptacles as shall be approved by the Health Officer, shall be subject to a like penalty and suffer in the same manner as prescribed above. Sec. 281. The members of the Board of Health who charged and its agents, officers and employees, and the mem- ment. bers of the Charleston Police Force, and the Re- corder of the City of Charleston are specially charged with the enforcement of this Ordinance. Sec. 282. The penalty for each and every viola- penalties, tion of any of the foregoing sections or parts of this Ordinance shall be a fine not exceeding twenty-five dollars recoverable before the Recorder of the City of Charleston, or, in default of the payment of the fine, imprisonment not exceeding thirty da^ for each and every offence. Health Officer. Sec. 283. A Health Officer shall be elected by juiy g, 1889. the City Council on the second Tuesday in January, Duties_ _of the A. D. nineteen hundred and five, and on the same day in every fourth year thereafter, w^hose duty it shall be to keep his office located in the city hall or in some convenient place in that immediate vicinity, to be approved by the City Council, open from 9 o'clock a. m. until 3 o'clock p. m., every day, Sun- days and holidays excepted, for the convenience of the citizens ; and keep a record book for complaints or notices of nuisances to be attended to by him. He shall prepare and publish weekly bills of mor- tality; keep a public register of all deaths which take place in the City; inquire into the cause of all epidemical diseases, and report the same to the Board of Health, or to the Mayor; make inquiries concerning the state of public health, when required, and report to the Mayor or Board of Health. He shall submit to the City Council on the first Monday in January of each year, a full report, showing the Health Officer. 116 BOARD OF HEALTH. lb., § 2. Shall be Secre- tary of the Board ot rfealth. Shall carry out all orders of the Board of Health. lb., § 3- Shall keep a rec- ord of reports of City Physicians. lb. , § 4- March s. 1895. Salary. March 10, 1903. Clerk of Health Officer. duties performed, the state of public health during the past year, a record of births, deaths and mar- riages, and shall submit such suggestions and recom- mendations as he may deem expedient and proper. Sec. 284. The Health Officer shall be Secre- tary of the Board of Health. He shall furnish to the Board, when desired, such information in re- gard to public health as may be necessary, and report any improvements or alterations, in buildings or streets, that in anywise affect the general health of the City. He shall receive from the sextons the burial certificates, keeping a record of the same ; and report to the Mayor all violations of the Ordinances concerning burials, that come under his notice. He shall attend the meetings of the Board of Health, and carry out all orders of the Board, or of the Mayor, in relation to the sanitary regulations of the City; and from time to time, and whenever ordered to do so, by the Mayor or Board of Health, make a thorough and systematic examination of the City ; and he shall cause all nuisances to be abated with reasonable promptness. Sec. 285. The Health Officer shall keep a record of all reports rendered from the City Dispensary Physicians, the Shirra's Dispensary Physicians, and the City Hospital Physicians ; shall tabulate all such reports ; and at the end of each year, including the 31st of December, shall present them to the City Council, with his reports concerning his own specific duties. Sec. 286. No officer or clerk in the Health De- partment or Health Officer's office shall be em- ployed without the sanction of the Board of Health. Sec. 287. The salary of the Health Officer shall be eighteen hundred dollars per annum, payable monthly. Sec. 288. The Board of Health shall elect an- nually, in January, a clerk to the Health Officer, J BOARD OF HEALTH. 117 who shall hold his office for one year, and who shall perform such duties as may be required of him by the Board of Health. The salary of the said clerk sahll be one thousand dollars per annum, payable monthly. City Dispensary Physicians. Sec. 289. That at the annual election of City officers in January. City Council shall elect six dis- pensary physicians, who shall have charge of the indigent sick of the City. Sec. 290. That the City of Charleston shall be divided bv the Board of Health into six health dis- tricts, and that the said Board shall assign to each of the said physicians one of the said health dis- tricts. Sec. 291. That the physicians so assigned shall have their offices within the districts to which they are severall}' assigned, shall be subject to the pro- visions of the General Ordinances and all amend- ments thereto relating to City Officers, and during the term of their service shall not hold any other professional office or appointment without the con- sent of the Board of Health. Sec. 292. That a dispensary physician changing his residence from the district to which he was assigned thereby vacates his office, and an election to fill such vacancy will be held by the City Coun- cil. That no temporary substitute shall be made without the authority and concurrence of the Board of Health. Sec. 293. That no physician elected under this Ordinance shall be allowed under any circumstances to hold the office of a City Dispensary Physician for more than four years, nor shall any physician who has held the office of City Dispensary Physician for four years under any previous Ordinance be eligible for election under this Ordinance. April 26, 1892. Physicians t o the poor — Elec- tion of. City to be di- vided into six Districts. Shall reside in their Districts. Change of resi- dence from Dis- trict vacates office. Not to hola longer than four years. 118 BOARD OF HEALTH. Not to engage in private prac- tice. To answer all calls. To carry pocket case. Complaints. Physicians to report monthly. Salary. City Apothecaries. Shall furnish medicines ordered by Physicians. Sec. 294. That neither of the aforesaid city dispensary physicians shall, during the period he holds office, engage or be employed in any private medical practice for gain. Sec. 295. That these dispensary physicians shall answer calls at all hours, and shall, without charge, attend the indigent sick resident in their respective districts, and shall always carry with them a pocket case of medicines for use in emer- gency. They shall have power to issue permits for the admission into the wards of the City Hospital of such indigent sick as in their judgment may re- quire hospital care and treatment. Sec. 296. That all complaints originating in the care of the indigent sick of the City shall be adjudicated by the Board of Health, under such rules as they ma)^ from time to time establish. Sec. 297. That each dispensary physician shall make a tabular report monthly to the Board of Health, and he shall also make a quarterly Veport to the said board of all important matters connected with his office and duties. Sec. 298. That the salary of the said physicians shall be at the rate of six hundred dollars per an- num, with an additional allowance of one hundred and fifty dollars for horse feed, and one hundred dollars for office rent; being a total of eight hun- dred and fifty dollars per annum, payable monthly, for each of the said physicians. Sec. 299. That the Board of Health shall elect annually six apothecaries, one for each Dispensary district, and each of the said apothecaries shall have his place of business within the district for which he has been elected. These apothecaries shall fur- nish such medicines and fill such prescriptions for the indigent sick as shall be ordered by the Dispen- sary Physicians of their respective districts, and for such medicines and service thev shall receive the BOARD OF HEALTH. -j-iq sum of five hundred dollars each per annum, pay- Compensation. able monthly. Sec. 300. That the Board of Health shall pre- Rules, pare such rules for the guidance and control of the Dispensary Physicians and apothecaries as in their judgment shall be most conducive to the interests of the sick poor of the City. The Board shall also furnish all blanks for necessary reports. Births and Marriages. Sec. 301. That every physician, mid-wife, or oct. 12, 1877. other person who may professionally assist or advise kerp^^regt"t% of at any birth, shall make and keep a registry of ^"'*'^^' ^''^• every such birth, and therein enter the time and place of such birth, and the sex and color of every child born, and the names, color, occupation and res- idence of each of the parents, so far as such facts can be ascertained ; and every clergyman, magistrate clergymen to or other person who may perform a marriage cere- maTriagef'^l'tc. °^ mony shall make and keep a registry of the mar- riage celebrated, and therein enter the full names of the parties married, the time and place of such mar- riage celebrated, and therein enter the full names of the parties married, the time and place of such marriage, the color, age, residence and condition of each. That it shall be the duty of every person mentioned in this section to present to the Health Officer a copy of such register, signed bv such per- Jo be prese.^- i •; b ' fc> , . ^ ed to Health Offi- son, or a written statement by him or her signed, cer within three ... days. of all the facts required to be entered m such regis- ters, within three days after the birth or marriage of any person to whom such registry may or should relate. Sec. 302. That every person who shall omit to penalty for faii- make and keep the registry hereinbefore required, returns.' or who shall omit to report a written copy of the same to the Health Officer within three days after 120 BOARD OF HEALTH. March 3, 1900. Removal of dead animals. Superintendent of Streets to be notified of death of animals. Suitable per- son to be ap- pointed to re- move dead ani- mals. Compensation. Penalty for vi- olation. any birth or marriage, or who shall wilfully make a false or fictitious entry in his or her record of births or marriages, or in the certified copy of such regis- ter delivered to the Health Officer, shall be subject for each and every such omission or false entry to a fine of not more than fifty dollars ; and in default of paying the same, shall suffer imprisonment not exceeding thirty days. Sec. 303. That no person or persons, firms or corporations, save and except the duly authorized and appointed representatives of the City of Charles- ton, shall be allowed to remove any dead horse, mule, cow, heifer, bull, ox, calf, or other cattle from the place where such animal came to its death. Sec. 304. That immediately upon the death of such animal above named, the owner or owners thereof shall notify the Superintendent of Streets at his office in the City Hall, giving him full inform- ation as to the kind of animal, and the place where the same can be found. Sec. 305. It shall be the duty of the Superin- tendent of Streets on the 2d day of January of each and every year, to appoint a suitable person, whose duty it shall be to convey all such dead animals out of the city limits within twenty-four hours from the time of the receipt of the notification of the death of such animal, such person so appointed to receive from the owner or owaiers of the dead animal as compensation therefor the sum of fifty cents, if so much be necessary, for each and every animal so hauled or conveyed beyond the corporate limits of the City of Charleston; and fifty cents, if so much be necessary, from the City of Charleston, to be paid by the Superintendent of Streets out of the funds of the street department. Sec. 306. Any person or persons, firms or cor- porations violating any of the terms of this Ordi- nance shall upon conviction, be fined ten dollars or imprisoned for thirty days. BOARD OF HEALTH. 121 Sec. 307. That no person or persons, firm or corporation, shall erect, hiiild or construct, or have erected, built or constructed, any cistern, tank, bar- rel or other receptacle for the purpose of catching, receiving or holding rain water below the surface of the earth, but shall be so constructed and placed that, when filled partly or entirely with water, such water shall be above the surrounding ground. Any person or persons, or any member or mem- Penalty. bers of any firm, or any officer or officers of any corporation who shall be found guilty of violating this Ordinance shall be fined one hundred dollars, or suffer imprisonment for thirty days. Sec. 308. If any filth, dirt, rubbish or animal or vegetable matter shall at any time be found in any street, alley, or lane, contrary to the provisions of this Ordinance, it shall be deemed and taken to have been placed there from the lot 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 satisfaction of the Mayor or Board of Health, as the case may be, that it was placed there by some other person, in which case the per- son guilty of the offence shall be liable to a fine of not less than twenty dollars nor more than fifty dol- lars, or be subject to imprisonment not exceeding ten days. Provided, That where the owner, occu- pant, lessee or tenant of such lot shall deny that such dirt, filth or rubbish was thrown from his or her lot, and shall, upon being notified thereof, forthwith make oath that he or she doth verily believe that the same was not taken, carried or thrown out from his or her lot, the person so swearing shall be relieved from the said penalty ; Provided alivays, that noth- ing in this section contained shall be construed to extend to the making of drains, filling up low lots, or to the removal of other nuisances than those above specified, which shall be dealt with according Sept. I 1 , 1900. Unlawful to build cisterns or tanks under- ground. Sept. 27, 1836. Filth found on street shall be deemed to have been placed there from the nearest lot. Proviso. 122 BOARD OF HEALTH. July 2T, 1880. Notice to be given for con- nection with pub- lic drains. June 15, 1897. Surface of earth not to be disturbed between I St of June and I St of October. Penalty. Exceptions. to the laws now in force, or hereafter to be pre- scribed. Sec. 309. That all persons, companies or cor- porations, intending to open any public drain, to make house or other connections with the same, shall give timely notice to the Street Department, so that they may make all the necessary exami- nations by levels of the locality to be drained, and study out and specify the mode and manner of such drainage, and its connections with the public drains, as now provided to be done in all streets where the public drains are built; and any party opening a public drain without giving said notice, and acting in acordance with existing rules of the Board of Health thereto belonging, shall be liable to a penalty of fifty dollars or imprisonment not exceeding ten days. Sec. 310. Except by express permission of the Board of Health, to be given in writing, it shall not be lawful to dig up or disturb the surface of the earth, within the limits of the City, between the first day of June and the first day of October, in any year, for the purpose of paving the streets, of exca- vating for drains, of laying down gas or other pipes, or of carrying on any other public improvement, and any person or persons, or incorporated company offending herein, shall be subjected to a penalty of $500, for each and every offence, to be recovered for the use of the City in any Court of competent jurisdiction : Provided, that any incorporated com- pany or their agent or agents may, with the con- sent of the Mayor, at any time during the year, lay down service pipes in any street, lane or alley of the City in which main pipes have been already laid, upon the express condition and proviso, however, that between the first day of June and the first day of October in every year each piece of service pipe shall be laid and the earth and pavement restored, BOARD OF HEALTH. 123 during the day in which the surface of any street, lane or alley is opened for the aforesaid purpose. Sec. 311. That the Board of Health are hereby ^^-.^s- authorized to enact all rules and regulations neces- Board of Health ^ . . to enact rules for sary to carry out effectually the provisions of the purpose, two preceding Sections. Privies and Vaults. Sec. 312. It shall not be lawful for any vault or Aug. 20, 1836. privy to be constructed at less than ten feet distant Unlawful for r 1 1- r 1 • r ^"^ privy to be from the line of any street, lane or alley ; and if any constructed less . , I- 1 r 1 1 than ten feet 01 the owners, tenants or occupants 01 any lot 01 land from the street. within the limits of the City shall construct or erect any vault or privy 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 be subject to a penalty of one thousand dollars, to be Penalty, recovered in any court having jurisdiction. Such person shall be also subject to imprisonment not exceeding thirty days. Sec. ^r^ Privies on lots within the City shall ^p.".' "• '^37. «-'«-' -^ Privies to be be so constructed that the contents thereof cannot constructed so that the contents escape therefrom or overflow ; and whenever any cannot overflow. vault or privy becomes offensive, the same shall be cleansed ; and the owner or occupant of the premises on which any vault or privy may be situated, the condition of which shall be in violation of this sec- tion, 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 Board of Health. In case of neglect or refusal, the same shall be performed by order of the said Board of Health, at the expense of the owner or occupant of such premises ; to be first paid by the City, and then recov- ered, with interest, from such owner or occupant, in any Court having jurisdiction; or be subject to im- prisonment not exceeding thirty days. 124 BOARD OF HEALTH. Aug. 13, 1851. Unlawful for any person to connect any privy or water closet with the city drains. Penalty. Penalty on per- sons engaged in constructing same. March 30, 1875. Privy vaults to be cleaned once Sec. 314. It shall not be lawful for any person or persons except by written permission from the Health Department, to connect any vault, privy, or water-closet upon any lot, with any of the drains of the City, or to discharge or convey the contents thereof into any such drains ; and any person or per- sons offending herein, whether he or they be the owners or occupants of such lots, shall forfeit and pay to the City the sum of one thousand dollars for each and every offence ; and, also, a further addi- tional sum of one hundred dollars for each and every day that the said gievances, or any of them, shall continue, after written notice from the Mayor or Board of Health to abate or discontinue the same. And any person who shall be concerned or engaged in the building or construction of any means or con- veyance or connection for the purposes aforesaid, or any of them, shall, for each offence, be fined a sum not exceeding one hundred dollars. Such person shall be also subject to imprisonment not exceeding thirty days. Sec. 315. All privy vaults shall be cleaned once a year, or as frequently as may be deemed necessary by the Board of Health ; and the contents thereof shall be removed only in air-tight vessels, to be ap- proved by the said Board of Health : and no person shall engage in the business of emptying the said privy vaults without first obtaining a license from the said Board of Health. Low Lots. April II, 1837. Low lots to be examined by a Board of Inspec- tion. Sec. 316. Whenever it shall appear to the Board of Health that any low lots or vacant grounds are in a condition to injure or endanger the public health, it shall be the duty of the said Board of Health to appoint a Board of Inspection to be com- posed of the Health Officer and four members of the BOARD OF HEALTH. 125 Board of Health (any three of whom shall be a quorum,) whose duty it shall be to enter upon and thoroughly examine such lots or vacant grounds, and determine by the vote of not less than three of the said Board, whether such lots or vacant grounds shall be drained, filled up, levelled, or otherwise so improved, as to remove the nuisance and evil there complained of or existing. And should the said 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. Sec. 317. In case Council shall order the report of said Board of Inspection, made as aforesaid, 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 Health Officer to serve a notice, in writ- ing, on the owner or owners of such low lots or vacant grounds, directing said owner or owners to have such lots or vacant grounds filled up, levelled, or drained, as Council may require, to such extent, in such manner, with such materials, and within such reasonable time as may be prescribed by the said order of the City Council. And, in case of neg- lect or refusal of such owner or owners to obey said notice it shall be the duty of the Health Officer to cause such lots or grounds to be filled up, levelled, or drained in the manner prescribed in the said no- tice, 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 Reports to be made to Council. Notice to be served on owners of lots. In case of ne- glect or refusal on part of owner, Health Officer to fill said lot. Expense to be paid out of Treasury and af- terward recov- ered. 126 BOARD OF HEALTH. City Surveyor to attend Board of Inspection. Powers of Boards in rela- tion to drains and cellars. Penalty for dis- obeying Board of Inspection. of the City Treasury, and shall afterwards be recov- ered, with interests and costs of suit in an action of debt, to be brought by Council in the Court of Com- mon Pleas, against the owner or owners of such lots or grounds. The City Surveyor or Assistant Surveyor shall, whenever required, attend the said Board of Inspection on the examination of low lots and grounds, and under their direction make plans for filling, levelling and draining the same. Sec. 318. 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 and altered in such manner and within such time as they may direct; notice of which shall be served in writing by the Health Officer 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 prejudi- cial to the health of the city, to be removed. And in case the owners or occupants of any lot shall neg- lect or refuse to comply with such notice the said Board of Inspection shall have the power to cause their order, as expressed therein, to be carried into effect by the Health Officer, at the expense of the owners or occupants aforesaid; to be paid in the first instance out of the City Treasury, and after- wards to be recovered, with interest and costs, in any court of competent jurisdiction by an action against such owners or occupants. Sec. 319. If the owner or occupant of any lot, ground, house, cellar, vault or enclosure, or any other person found thereon, shall refuse or delay to open the same and suffer it to be examined by the Board of Inspection or the Health Officer, acting under their orders, or shall in any wise molest, inter- rupt, hinder, obstruct, or oppose any member of said Board, or the Health Officer, in the discharge BOARD OF HEALTH. 127 of any of the duties prescribed herein, or of the workmen, laborers or agents employed by the said Board, or the Health Officer, in the performance of any work ordered by the said Board, or Health Officer, in execution of the duties herein required, such owner or occupant, or other person offending herein, shall be subject to a penalty not exceeding one hundred dollars for every such offence or im- prisonment not exceeding thirty days. Sec. 320 The owner of any low lot or grounds. Penalty on lot which shall be found by the said Board of Inspection in a state of nuisance, and the owner or occupant of any lot, ground, cellar, vault or enclosure, on which any nuisance contrary to the provisions of this sub- division shall be found by the said Board, shall., notwithstanding their liability for the charges and expenses attending the filling up. levelling or drain- ing such low lot or grounds, and removal of other nuisances, be subject to a penalty not exceeding twenty dollars for each low lot or ground found in a state of nuisance, or for each lot, ground, house, cellar, vault or enclosure, on which such other nui- sance shall exist. And the owner or occupant, as aforesaid, shall, moreover, be subject to a penalty not exceeding five dollars for each day said nui- sance shall remain in such lot, ground, house, cellar, vault or enclosure contrary to the notice hereinbefore directed to be served for the removal thereof. Sec. 321. The Health Officer immediately after Health officer any lot shall be filled up, levelled, or drained, or any levelled and cellar filled up, or other nuisance removed by order mTnd^ payn?ent. ^ of the Board of Inspection, under the authority of this subdivision, 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 thereupon return, under oath, to the City Treasurer, a duplicate of such statement and de- 128 BOARD OF HEALTH. Notice to be personally served. mand, with a copy of the notice originally served. And for default in the performance of any of the duties required of the Health Officer under this sub- division, he shall be liable to be fined bv the Mavor, in a sum not exceeding ten dollars for each neglect, refusal, or omission, to be deducted from the amount of his salary. And all notices shall be personally served by the said Health Officer on the party to whom they shall be addressed, or in case of absence from the State or County, upon the authorized 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 Health Officer, their orders and directions upon the default or refusal to comply with said notice as herein provided. Interments and Cemeteries. July 2, 1836. No new burial grounds to be established. Penalty. Feb. 28, 1899. Penalty for in- terments in any other burial ground than those already estab- lished. Sec. 322. It shall not be lawful for any person or persons, or bodies politic and corporate, to estab- lish or use within the limits of the City, any place or places for the burial of the dead, except such as are already established for those purposes. And if any person or persons, or body politic or corporate, shall presume to establish any such place or places for the purposes aforesaid, such person or persons, body politic or corporate, shall, for each and every offence, forfeit and pay to the use of the City, the sum of one thousand dollars ; and also forfeit and pay daily, and every day that such place or places are, or may be kept and used for such purposes, the sum of one thousand dollars, to be recovered in any court having jurisdiction thereof. Sec. 323. If any person or persons shall pre- sume to bury any dead in any other burial ground or place within the limits of the City except in such BOARD OF HEALTH. 129 as are already set apart and devoted to such pur- poses, such person or persons shall forfeit and pay for each and every offence the sum of one thousand dollars, to be recovered in any Court having juris- diction, one moiety of which penalty shall go to the informer and the other moiety to the City. And any person who shall be convicted in the Recorder's Court in the City of Charleston for a violation of this section shall pay a fine of not more than one hundred dollars, or be imprisoned for a period of not more than thirty days. Sec. 324. It shall not be lawful to open any juiy 5, 1874. grave, either in private lots or elsewhere, within the unlawful t^ City of Charleston, which contains the remains of comaiJnl grave a previous burial, for the purpose of a new inter- bunai!"^ ^ ^ ' ° " ^ ment. And before any such grave can be opened for the purpose of removing the dead, a written per- mit shall be obtained from the Health Officer of the City, which shall specify the name of the deceased, the grave-yard or ground from which the body is to be removed, and its proposed disposition ; which permit shall be countersigned by the sexton or some other officer of the church or corporation, after the Permit for re- removal, and shall then be filed in the office of the body!'"^ Health Officer. Sec. 325. It shall not be lawful to inter anv Graves to be at dead body in any grave within the City of Charles- '""''"'" ^""*'^"''- ton, or to prepare any such grave for the reception of any dead body, unless such grave be of the depth of at least six feet. Sec. 326. It shall not be lawful to inter, within No person to the limits of Charleston, (Potter's Field and the in the city who place or places appointed excepted,) any person who holder or wor- , 111 1 • • r ii shipper in some IS not a pew-holder or worshiper m some one of the church. churches that now have the right of burial, or who is not an owner of a private burial-ground within the grave-yard of some one of said churches, or a member of the immediate family of a pew-holder or owner of a lot. 9 130 BOARD OF HEALTH. Not lawful to construct vaults exposing remains of previous in- terments. Penalties for violating Sections 324. 325. 326 and 327- May 21, 1850. Board of Health to appoint Com- mittee on Burial Grounds. Jany. 11, i88i. Hearse keep- ers to be licensed by Board of Health. Sec. 327. It shall not be lawful hereafter to construct, within the City of Charleston, any vault above or below ground, for the reception of the dead ; and no vault now so constructed as to ex- pose to view the remains of any body already in- terred, shall be opened to receive any additional bodies ; and no vault or tomb shall be opened to receive, for temporary deposit, the remains of any stranger or person not entitled by this sub-division to sepulture within the City.. Sec. 328. Any person or persons, or body poli- tic, that shall violate any of the provisions contained in sections 324, 325, 326 and 327, or shall be con- cerned in the violation thereof, shall be subject to a penalty of two hundred dollars for each offence; one moiety for the informer, and the other moiety for the benefit of the City Treasury. These penal- ties to be recovered in any court of competent juris- diction. Sec. 329. It shall be the duty of the Chairman of the Board of Health to appoint a committee from said Board, whose special duty it shall be to inspect all cemeteries, burial-grounds, and vaults for the dead within the City, and the Board shall have power to grant licenses to hearse-keepers, sextons, and other persons in charge of any place of burial within the City, under sucli rules and regulations as said Board may, from time to time, deem expedient and necessary, subject to the approval of the City Coun- cil, and not contrary to the provisions herein con- tained. Sec. 330. No hearse-keeper, or other person in charge of any hearse, shall receive or carry any corpse or dead body until he shall have first ob- tained a license from the said Board, nor until he shall first have been supplied with a certificate of the kind hereinafter required to be furnished by the attending Physician or Coroner; and further obtain BOARD OF HEALTH. 131 from the office of the Health Officer, a burial permit in the following form, viz: Sec. 331. Burial Permit No. Before this body leaves the City, the ferry or fo™ of Permit, bridge-master or transportation agent, will tear off and destroy this coupon. If otherwise detached from the permit, the coupon must not be received. No. — . HEALTH DEPARTMENT, Bureau of Vital Statistics. Charleston, S. C, 19 — . Permission is hereby given to remove the remains of , age , occupation , place of birth , place of death , date of death , cause of death . To , for interment.. , Health Officer. {See hack of this Permit.) This permit must in all cases accompany the body to its destination. Keepers of cemeteries in Charleston will make returns of all permits for burials to the office whence issued, Monday of each week. The back of which said permit shall contain the Reverse side, following : "Ferry or bridge-masters, transportation agents, superintendents of railroads and steamboat lines, &c., will deliver a body entering Charleston to the person having this permit. The coupon must be detached only in case of a body leaving the City." And it shall be his or their duty to deliver the said shaii deliver certificate and burial permit, with the dead body, "n''^'^** '° '*''" 132 BOARD OF HEALTH. Penalty for neglect. May 21, 1850. No interments to be made in any place with- out a license from Board r.-; Health. Sexton to enter certificates in a book and reurn originals to Board of Health. Penalty. Jan. Board to fur- nish blank cer- tificates to physi- cians. to the sexton, or other person in charge of the burial-ground in which it is proposed to inter such dead body, whenever such burial-ground is within the hmits of the City ; and whenever such burial- ground is without the limits of the City, the said certificate, or a duplicate thereof, shall be delivered by said hearse-keeper or other person in charge of the hearse, to the Health Officer, on the day of in- terment, under a penalty of twenty-five dollars for each and every failure or neglect so to do, and for any and every violation of the provisions of this sections 330 and 331. wSec. 332. No sexton of any church, or other person having charge of any cemetery, vault or other burial-ground, shall make, or permit to be made, any burial within the same, until he shall have first obtained his license from the Board of Health for that purpose ; nor shall he permit any dead body to be interred therein until lie shall first have received from the hearse-keeper or other person in charge of the hearse, such certificate and burial permit as he is required by this Ordinance to deliver with such dead body ; and it shall be the duty of such sexton or other person in charge of any place of burial, to enter said certificate or certificates, and burial permit or per- mits in a book, to be furnished by him for that purpose, and to deliver the original certificate or cer- tificates, and burial permit or permits, each day, as received, to the said Health Officer, and for any and every violation hereof, he shall forfeit and pay, for the use of the City, fifty dollars, or be imprisoned not more than thirty days. Sec. 333. The said Board shall furnish to each practicing physician and the Coroner of St. Philip's and St. Michael's, blank certificates, in the form following, viz : BOARD OF HEALTH. Certificate of Death. 133 Full name of deceased . (Write legibly and spell correctly. If an Infant not named, give Parents' names.) Age years months days. Color 3. Single, married, widow or widower. (Cross out the words not required in this line.) 4. Occupation . 5. Birthplace (State or Country . (How long in the United States, if of foreign birth.) 6. How long resident in this City . 7. Father's birthplace (State or Country) . 8. Mother's birthplace (State or Country) . 9. Place of death (please state the name, if an In- stitution) No. Street, Ward. 10. Residence before admission into the Institution (name of street and number of house.) Ti. I hereby certify that I attended deceased from , 19 — , to , 19 — ; that I last saw alive on the day of 19 — ; that died on the day of 19 — , about o'clock A. M. or P. M., and that the cause of death was . First (primary) . Second (immediate) . All the above information should be furnished by the Physician. Place of burial . Date of burial . Undertaker . Place of business . Time from attack till death 1 write opposite each cause. If unknown it should be so stated.) Signed by , M. D., Medical Attendant. Address . 134 BOARD OF HEALTH. Duty of physi- cians on death of patient to fill up certificate. In case of death without an attend- 1 n g physician, coroner to fur- nish certificate. Penalty for neg- lect. May 21, 1850. The duty of the Committee of the Board of Health to visit cemeteries, in- spect construc- tion of vaults, etc. May make al- teration at ex- pense of owner. Sec. 334. And when any person shall die in the City, the physician or surgeon who shall have at- tended such person, as physician or surgeon, shall fill up the blanks in such certificate, to the best of his knowledge, and sign the same, with his name, and shall deliver the same to some member of the family in the house where such person shall have died ; in cases where the interment is to take place without the limits of the City, the attending physician or surgeon shall deliver, as above, a duplicate certifi- cate; and in case any person shall die in the City, unattended by any physician or surgeon, it shall be the duty of the coroner to furnish such certificate; and for each and every neglect of the duty herein required, each and every person offending shall for- feit and pay, for the use of the City, twenty-five dollars, or be imprisoned not more than thirty days. Sec. 335. It shall be the duty of said committee on cemeteries, burial-grounds and vaults of the Board of Health to see specially to the proper exe- cution of this part of the duties of the said Board ; and it shall also be the duty of such committee, at such times, and as often as they may deem it expe- dient, to visit all cemeteries, vaults, and burial- grounds, and to give such directions about the depth of graves as they may deem expedient to preserve the public health ; and it shall be their duty to inspect the construction of all vaults now built,or which may hereafter be built, and to order such alterations to be made in them, or any of them, as they deem the public health may require; and if any person shall refuse or neglect to make any alteration required by said committee, they, or a majority of them, are hereby authorized to have the said alterations made, at the expense of the owner thereof ; and if any person liable to any expense, incurred as afore- said, shall refuse or delay the payment thereof, the same shall be paid out of the City Treasury, and BOARD OF HEALTH. 135 May 5, 1868. Burial cates, by given. certifi- whom March 30, 1875. be afterwards recovered by action at law from the person or persons so neglecting or refusing, together with a fine of fifty dollars for each and every such failure or refusal, or suffer imprisonment not ex- ceeding thirty days. Sec. 336. No other person than the Coroner, or a physician or surgeon, who has a diploma or license to practice from some regular medical col- lege, shall give the certificate herein required to be delivered with dead bodies upon interment ; and any person offending herein shall pay a fine of fifty dollars for each oft'ence or be imprisoned for not more than twenty days in jail. Sec. ^T,y. It shall be the duty of every corporate body, or person or persons, owning, or having the . P"biic buiid- care, control, or management of any public building, cleaned. church-yard, or burial-ground, within the City, to cause such public building to be cleansed and swept, and the rank and offensive weeds growing on such grounds and yards to be pulled up, collected, and placed in heaps in the street, at the edge of the pave- ment, 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 oftener as may be required by the Mayor or Board of Health. And also to cause the grass which may be growing on such burial-ground or church- yard, to be removed or cut, and taken away as often as in the opinion of the Board of Health the growth thereof may be so rank or luxuriant as to endanger the health of the City. For every neglect or refusal to discharge the duties enjoined by this section, the person or persons, or body corporate, so offending. Penalty shall be fined in a sum not less than ten dollars, nor more than fifty dollars, or, if an individual, be im- prisoned in jail not exceeding thirty days. . Sec. 338. That all persons, companies or cor- Weeds in church yards to be removed. 136 BOARD OF HEALTH. July 27, 1880. Notice to be given for con- nections with drains. Jan. ID, 1882. Persons with infectious dis- eases not to be removed in car- riages. Penalty. Dec. 26, 1882. Glanders or "Farcy." Penalty. porations, intending- to open any public drain, to make house or other connections with the same, shall give timely notice to the Street Department, so that they may make all the necessary examina- tions by levels of the locality to be drained, and study out and specify the mode and manner of such drainage, and its connections with the public drains, as now provided to be done in all streets where pub- lic drains are built ; and any party opening a pub- lic drain without giving said notice, and acting in accordance with existing rules of the Board of Health thereto belonging, shall be liable to a pen- alty of fifty dollars or imprisonment not exceeding ten days. Sec. 339. That no owner, driver, or other per- son having the charge of any hackney carriage, or other vehicle used as a public conveyance, shall re- ceive, or permit to be placed, or convey in any man- ner, in or upon said carriage, or other vehicle, any person sick or infected with the small-pox .or any other contagious disease, or the body of any person who had died of small-pox, or any other contagious disease, under penalty of fifty dollars. That the body of any person who dies of small-pox, or any other contagious disease, shall be removed in a licensed hearse, and in no other conveyance. Sec. 340. That it shall not be lawful for any person to bring or keep within the limits of the City of Charleston any horse or other animal having a disease known as glanders or "farcy." That the owner, agent, or any other person in charge of an animal so affected, or who may have knowledge of such an animal, shall forthwith report the same to "' the Board of Health, together with the name of such owner and the place where the animal is kept, and it shall be disposed of under the direction of said Board. Any person violating any of the provisions of this Section shall for each and every offence be BOARD OF HEALTH. 137 fined in a sum not less than ten dollars nor more than fifty dollars, or he imprisoned more than twenty days. Sec. 341. It shall not be lawful for any person without the license of the Board of Health, to throw into or leave upon any street, court, square, lane, alley, wharf, public square, public enclosure, vacant lot, or any pond or body of water within the limits of the City of Charleston, the carcass of any dead animal, under a penalty of five dollars or imprison- ment not exceeding thirty days for each and every offence. Sec. 342. That it shall be the duty of the own- ers of all horses, mules, cows, or large animals, dying within the limits of the city, or the owner or occupant of the premises upon which such animals may die, to remove or cause to be removed within twelve hours after death, beyond the limits of the city, the body of such animal, under a penalty of five dollars or imprisonment not exceeding thirty days for each and every offence. Sec. 343. That it shall be the duty of the occu- pants of the premises on which any dog, cat or small animal shall die to place the carcass of such small animal with the garbage from such premises to be removed, as is now provided by the Ordinances of the City of Charleston, under a penalty of two dol- lars or imprisonment not exceeding ten days for each and every offence. Sec. 344. It shall not be lawful for any person to keep wMthin the limits of the City, any hog or pig, under a penalty of ten dollars, and an additional sum of two dollars for every day that such hog or pig shall be kept, after notice from any City officer to remove the same ; and such hog or pig shall be forfeited to the person seizing the same; and such or pig shall be forfeited to the person seizing the same. Feb. 12, 1884. Unlawful to throw carcass of any dead animal in street. Penalty. Carcass to be removed in 12 hours. Penalty. Carcass of small animal to be placed with gar- bage. Penalty. Aug. 29, 1837. No hog or pig to be kept in the city. Penalty. 138 BOARD OF HEALTH. No bull, ox or steer to be kept, nor more than one cow. Cow house be kept clean. to Cattle going at large to be taken up. Cows may be driven through streets to pastur- age. .\pril 28, 1896. Oct. 20, 1903. Garbage to be placed in the streets every day by occupants of all jiremises. Time for plac- ing out. Sec. 345. It shall not be lawful for any person to keep any bull, ox, steer, nor more than one cow, in the 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 other- wise 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 suffered to go at large in the streets, under the pen- alty 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 person, and retained till such penalty, and all expenses of keeping, shall be paid to the person taking up the same : Provided, be paid to the person taking up the same -.Provided, That nothing herein named shall be construed to prevent cows from being driven through the streets to pasturage, in charge of a competent driver, or with a view to bring them into, or removing them from the City. Sec. 346. It shall be the duty of every owner of a lot, who may reside thereon, and of the owner 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 lots and the stables, cow houses and outhouses thereon to be carefully swept, and all the dirt, dung, soot, ashes, carrion, garbage, shreds, oyster shells, or other filth or rubbish, and all sweepings from shops and stores, to be placed in barrels, boxes or other suitable receptacles, and carried out every day (Sundays excepted) by the hour of 7 o'clock a. m., from the first day of May to the first day of BOARD OF HEALTH. 139 November in every year, and by the hour of 7 :30 o'clock a. m., from the first clay of November to the first day of May following, and the "said boxes, bar- rels or receptacles, with their contents, upon being 'i"o be placed in carried out as hereinabove required, shall be placed at the end of the pavement, opposite the respective lots, but so as not to obstruct the gutter, and in a situation from which the said contents may be con- veniently removed by the Scavenger Department; Provided, hozvever, that all trees and cuttings from trees, and all shrubs and weads, may be placed in heaps in the street at the edge of the pavement, op- posite said lots, every day after 6 o'clock p. m., ex- cepting Fridays, Saturdays and Sundays, from the first day of May to the first day of November in every year, and after 5 o'clock p. m. from the first day of November to the first day of May follovN^ing in every year, and any person offending herein by failure to comply with this Ordinance or any por- tion thereof, or by emptying any dirt, filth, garbage, or other offal in any street, lane, alley or open court, or placing in any barrel, box, or other receptacle containing dirt, filth, garbage or other offal in any street, lane, alley or open court, after the hours named above, or on Sundays, shall be subject Penalty. to a fine of not less than tw^o nor more than five dollars for each and every offence, or im- prisonment not exceeding ten days ; to be imposed by the Recorder or by any court of competent juris- diction before which the case may be brought. And any person or persons who shall scatter the contents Unlawful to of any barrel, box or other receptacle for garbage p'iawd in boxes^^ placed at the edge of any pavement as hereinabove required in the street, gutter, or on the sidewalks in any street, alley, lane or open court, shall be sub- ject to a fine of not exceeding five dollars, or im- prisonment not exceeding ten days for each and Penalty. every offence; to be imposed by the Recorder or by 140 ALMS HOUSE. Paper not to be placed with garbage or scat- tered on side- walks or streets. Unlawful to scatter paper, handbills, etc., on sidewalks, etc. Penalty. any court of competent jurisdiction before which the case may be brought. Sec. 347. That refuse paper and scraps of paper shall not be included as part of the garbage, dirt, offal or other matter referred to in this section to be placed on the streets for removal by the Scavenger Department ; and it shall be unlawful for any refuse paper or scraps of paper to be placed on the side- walks and in the roadways of this city, either loosely or in boxes, barrels or any other receptacles, for re- moval by the Scavenger Department. And it is further ordained, that it shall be unlawful for any person or persons to distribute, place, spread or scat- ter any handbills, posters, advertisements or other papers or cards upon the sidewalks or roadways of this city; and any person or persons who shall vio- late the provisions of this section with reference to the aforesaid refuse paper, scraps of paper, handbills, opsters, advertisements or other papers or cards, shall be subject to a fine not exceeding five dollars, or imprisonment in jail not exceeding ten days, for each and every offence. CHAPTER VII. Departmetit of Charities. ALMS HOUSE ASHLEY RIVER ASYLUM ORPHAN- HOUSE ROPER AND CITY HOSPITAL WILLIAM ENSTON HOME BATHING HOUSES CITY ORPHAN ASYLUM. Alms House. June 4, 1821. Jan. 15, 1897. Annual election. Sec. 348. There shall be elected by City Coun- cil, on the 2d Tuesday in January, 1905, and every 4th year thereafter, twelve Commissioners of the ALMS HOUSE. 141 Alms House who shall meet every second Monday after their election, or oftener if necessary. Sec. 349. The Commissioners so elected shall May 9, 1893- have the care and direction of the Alms House , Commissioners to have care of Alms and the poor in the City of Charleston. They i^o"se and poor, shall, from time to time, visit and superintend the same and manage and transact all mat- ters relative thereto, and according to the rules or regulations revised and adopted February 25, 1884, and now in force, or as the same may from time to time be altered or amended -.Provided, ahvays, That all such alterations or amendments shall be first submitted to and approved by the City Council be- fore the same shall become operative or be in force. Sec. 350. The said Commissioners shall, at the Oct. 28, i8oi. close of every year, lay Ijefore the City Council, an Report to Council exact account of all ocpenditures at the Alms House, and for the poor under their care, with the several vouchers for the same; as also a list for all poor persons, and their manner of employment. Sec. 351. The said Commissioners are author- Aug. 5. 1812. ized and empowered to elect a Master, Matron, and Master, Matron Clerk of the Alms House ; neither of whom shall Aims House, hold any other office or appointment unconnected with their respective employments in the Alms House. The salary of the Master shall be five hun- dred dollars per annum ; that of the Matron and Clerk three hundred dollars each, per annum. The aforesaid salaries shall be payable monthly out of the City Treasury. Sec. 352. The master of the Alms House or Jan. 24, 1826. other person having charge of the same shall receive Master to re- , . 1 TT 1 ,1 ceive all persons into the Alms House such person or persons as the committed by Mayor or Commissioners of the Alms House shall ^ ^^°^' commit thereto, and there detain him, her or them for such time and subject him, her or them to such regulations as the Mayor or the said Commissioners may think proper to prescribe. 142 ASHLEY RIVER ASYLUM. Penalty on Mas- ter for disobedi- ence. Sec. 353. If the master of the Ahns House or any person having charge thereof shall fail to per- form any of the duties prescribed in Section 352 of the General Ordinances or those referred to in Sec- tion 349 of the General Ordinances, he shall be forthwith discharged from his office by the said Commissioners of the Alms House. Ashley River Asylum. June 15, 1897. Nov. 2, 1885. Election. To elect officers and make rules, etc. To apply those sentenced to House of Correc- tion to labor on public lands. Sec. 354. On the second Tuesday in January, 1905, the City Council shall elect a Board of twelve Commissioners of Public Lands, who shall be charged with the control and utilization of the grounds or farm now known as Potter's Field. They shall also have the control and management of the piece or parcel of land lying and being at the corner of President and Line streets, and the lands adjacent belonging to the City, with the appurte- nances thereof. Sec. 355. The Board of Commissioners of Pub- lic Lands shall have the election of the officers and employees of the Public Cemetery, Ashley River Asylum, and House of Correction, and shall exercise authority to control and manage the said respective institutions, and to make rules and regulations for the government of the same, subject to revision of Council. Sec. 356. The said Board of Commissioners are hereby directed, and shall be empowered to apply vagrants and offenders against the City Ordinances, who may be sentenced to the House of Correction, to labor of various kinds, at the public lands, dur- ing their term of sentence, for the purpose of culti- vating the said public lands and improving the same for the aid and comfort of the poor and unfortunate inmates of the Ashley River Asylum, and to such other labor as they may deem expedient and proper. ORPHAN HOUSE. 143 Sec. 357. That the Commissioners of Pubhc Jan. 18, 1876. Lands shall pay to the City Treasurer, on Monday To pay over r 1 11 • J u .Li moneys to City of every week, all moneys received by them, or any Treasurer. of their officers or employees, from any source what- soever; and all bills for charges and expenses in- curred by or incident to any of the institutions under the control of the said Board, shall be paid by the City Treasurer, by order of the City Council, upon vouchers approved by the said Board of Commis- sioners, and passed by the Committee of the City Council on Accounts. Orphan House. Sec. ^^8. There shall be elected bv Citv Council, Oct. 18, 1790. on the 2d Tuesday m January, 1905, twelve Com- June 15, 1897. missioners of the Orphan House; who shall have Empowered to power and authority to make and frame such rules government of and regulations as they may think necessary, for ^^ ^" the good government and conducting the business of the Orphan House and all persons therein -.Pro- vided, All such rules and regulations are presented to, and approved of, by the City Council, within ten days after the same are framed, and that the City Council shall and may confirm, alter and amend, or annul the same.. Sec. 359. All poor orphan children and children Oct. 18, 1790. of poor, distressed, or disabled parents as shall be who shaii be ^ . ' . .^ . admitted into Or- deemed proper objects of admission by the Commis- phan House. sioners, shall be admitted into the Orphan House, and shall be supported, educated and maintained at the expense of the corporation, during such term and under such regulations as the City Council shall from time to time prescribe or sanction. Sec. 360. It shall be the duty of the Commis- commissioners sioners of the Orphan House to choose and ap- cers.^^^°'" point proper officers, nurses and domestics ; and to superintend and manage the Orphan House, the offi- 144 ORPHAN HOUSE. Dec. 3, 1867. City Council annually to elect a Physician. Not to charge any assistant or attendant. Sept. 2, 1840. All donations, devises and be- quests to be held by Commission- ers. Com missioners to apply the in- come to the de- signs of the ben- efactors. Report annually a statement of the Funds. cers, and servants thereof, and the children therein, to the best of their judgment and skill; subject to the control of the City Council. Sec. 361. City Council shall, annually on the third Tuesday in November, elect a Physician of the Orphan House, who shall attend on and admin- ister medicines to all sick persons in the institution ; and who shall receive therefor a salary of seven hundred dollars per annum, payable monthly. Sec. 362. The Physician of the Orphan House shall prefer no charge or demand on account of attendance imparted to any officer or assistant in the said institution. Sec. 363. All donations, devises, and bequests heretofore made, or which hereafter may be made to the Commissioners of the Orphan House, for objects connected with the benevolent purposes of the institution, shall be held by the Commissioners of the Orphan House, and be vested as heretofore done, from time to time, as the same may be received by them, in such public securities, bank stock, or other estate, real or personal, as they may deem most beneficial. All such investments shall be made in the name of the "Commissioners of the Orphan House," and the certificates and securities be accordingly so taken. No transfer, sale, or change of the capital shall at any time be made, without the previous consent of the City Council of Charleston. Sec. 364. The Commissioners of the Orphan House shall receive and apply the income and divi- dends arising from the said investments, in every instance, to objects tending to accomplish the de- signs of the respective benefactors ; and they shall render to the City Council on the first Monday in August, in every year, or at any and all other times, when required by Council, a statement certified by the Chairman, of the investment of the said funds. I ORPHAN HOUSE. 145 distinguishing the amount of each donation, devise, or bequest, with the names of the several donors, and the manner of the expenditure of the income thereof. Sec. 365. The Board of Commissioners of the To record in a ^,^,T^-r 111 1-- 11 1 journal the names Orphan House snail record, m a journal to be opened of aii donors, etc. expressly for that purpose, the names of all those benevolent persons who have made ,or who hereafter may make donations, devises, or bequests, to the said Commissioners, as before herein mentioned ; and shall preserve in the said journal a copy of the clauses of all deeds, wills, or documents, under which the said donations, devises, and bequests have been or may hereafter be made; to be kept forever as a memorial of the benefactors of the Orphan House. Sec. 366. The Ma3'or, the Chairman of the Commissioners of the Orphan House, and the City Treasurer for the time being, and their successors in oflEioe forever, shall be, and they are hereby, con- stituted and declared trustees of the Orphan House funds and estate ; to be by them invested, from time to time, in such stock, bank shares, or other estate, as they may deem most beneficial to the institution ; and to be by them held in trust for the use and bene- fit of the Orphan House; and nothing contained in the three preceeding sections shall extend to or affect the Orphan House funds now held or which hereafter may be held by the trustees of those funds as herein designated and provided. Sec. 367. All the specialties, stock, money on Sept. 2, 1840. hand, and other property or estate, of right be- Trustees of Or- . . phanHouse longmg to the said establishment, shall be, and are 1'""^^ and Estate. hereby directed to be assigned, transferred, or paid over to the said trustees for the purposes aforesaid ; and the same, together with all future donations, devises and bequests, to or for the benefit of the said institution ; and, also, all moneys or other es- tate, which may arise to the same from escheated 10 146 ORPHAN HOUSE. Sept. I, 1808. Stocks, etc., vested in hands of Trustees. Com missioiiers to exhibit state- ment of funds. Trustees to re- port to Council annually. property, are hereby placed under the special charge of the said trustees ; who are directed and required to pursue all lawful ways and means for the recov- ery of all such property, real or personal, as may be so given, devised, bequeathed, or which shall result from escheated property ; and when recovered, to invest the same in such stock, bank shares, or other estate, as may be most beneficial to said establish- ment : Provided, That such investment be made with the approbation of the Commissioners of the Orphan House for the time being, and with the consent of the City Council. Sec. 368. All investments made as aforesaid shall be in the official name and character of the trus- tees aforesaid; and the same are hereby declared to be sacred, and shall be forever kept apart and dis- tinct from all other City funds ; and the principal sums of such investments shall not on any considera- tion be expended, but shall be preserved whole and entire for the benefit of the Orphan House. Sec. 369. It shall be the duty of the Commis- sioners of the Orphan House, twice in every year, viz : in the months of January and July, to exhibit to the Council a statement of the interest money, dividends, or other income arising from the Orphan House funds, with their opinion and advice of the best mode to apply or invest the same for the benefit of the institution ; which mode of applying or invest- ing the income of the said funds, having received the approbation of the Council, the said trustees shall forthwith adopt and proceed to carry the same into effect. Sec. 370. The said trustees shall render to the City Council an annual statement of the funds en- trusted to them, distinguishing the amount of each donation, devise or bequest, and the name of each donor or devisor; and also all moneys or other es- tate arising to the said institution from escheated CITY ORPHAN ASYI,UM. 147 property, and showing the amount of the annual income, and the manner of the expenditure thereof, so that the citizens may see that a faithful application is made of the funds aforesaid. City Orphan Asylum. Sec. 371. That there is hereby estabhshed an jan. 30, 1901. orphan asylum to be known as "The City Orphan city orphan Asylum." ^^y'"'"- Sec. 372. There shall be annually elected by Elect commis- ,-,., ,^ -1 , ,1 (^ , 1 . • ■ T sioners annually. City Council, at the hrst regular meeting m January in each and every year, seven Commissioners of the said "the City Orphan Asylum," who shall have power and authority to make and frame such rules and regulations as they may think necessary for the good government and conduct of the business of the said "the City Orphan Asylum" and all per- sons therein : Provided, all such rules and regula- tions are presented to and approved by the City council to ap- Council within ten days after the same are framed, ''^^^ *"'"' and that the City Council shall and may confirm, alter and amend or annul the same. . Sec. 373. All poor orphan children and children who may be of poor, distressed or disabled parents as shall be ^""'"^ • deemed proper objects of admission by the Commis- sioners shall be admitted into the said "the City Orphan Asylum," and shall be supported, educated and maintained during such terms and under such regulations as the City Council shall from time to time prescribe or sanction. Sec. 374. It shall be the duty of the Commis- Proper officers sioners of the said "the City Orphan Asylum" to '° ^ appointed, choose and appoint proper officers, nurses and do- mestics, and to superintend and manage the said "the City Orphan Asylum," the officers and ser- vants thereof and the children therein to the best of their judgment and skill, subject to the control of Citv Council. 148 INDUSTRIAL SCHOOL FOR COLORED ORPHANS. Industrial School for Colored Orphans. Jan. 26, 1897. Industrial School for Color- ed Orphans es- tablished. Mayor to ap- point Commission. Terms of Com- missioners. C o m missioners to hold all dona- tions, devises, etc., in trust for school. Sec. 375. Whereas representations have been made that on the appointment by the Mayor and confirmation by City Council of a Board of Com- missioners of the Industrial School for Colored Or- phans of the City of Charleston, that funds or lega- cies may be donated or bequeathed to the City of Charleston for this specific purpose, it appears ad- visable, in order to test such representations, to create such a Board of Commissioners, who shall act as a Board of Trustees of these funds and of any legacies that may be devised or bequeathed to the City of Charleston for this specific purpose, and also trustees of any gifts or donations of moneys or lands for this special object : Therefore Be it ordained by the Mayor and Aldermen of the City of Charleston, in City Council assembled : That the Mayor shall appoint a Board of five Commissioners of the Industrial School for Colored Orphans of the City of Charleston, subject to con- firmation by the City Council, and the terms for which these Commissioners shall serve, shall be : One for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, from the first day of January next, preceding the date of their confirmation ; and that annually, in December of each year, there shall be appointed by the Mayor, subject to confirmation by the City Council, one Commissioner of the Industrial School for Colored Orphans of the City of Charleston, for a term of five years. Sec. 376. All donations, gifts, devises and be- quests which may be made to the Commissioners of the Industrial School for Colored Orphans of the City of Charleston, for the objects connected with INDUSTRIAL SCHOOL FOR COLORED ORPHANS. 149 the benevolent purposes of the institution, shah be held by the Commissioners of the Industrial School for Colored Orphans of the City of Charleston, and be invested from time to time, as the same may be received by them, in such public securities, bank stocks, or other estate, real or personal, as they may deem most beneficial. All such investments shall be made in the name of the "Commissioners of the Industrial School for Colored Orphans of the City of Charleston," and certificates and securities be accordingly so taken. No transfer, sale, or change of capital shall at any time be made without the pre- vious consent of the City Council of Charleston. Said Commissioners shall receive and apply the income and dividends arising from the said invest- ments in every instance, to the objects tending to accomplish the designs of the respective benefac- tors ; and render to the City Council, annually, at its first meeting in January, in each and every year, a statement, certified by the chairman, of the invest- ment of the said funds, with the amount of each donation, and the name of each donor, and the man- Report of tran- ner of the expenditure of the income thereof, with made°"o CoCncii.^ a detailed account of the receipts and disbursements for the year ending the 31st day of December, next preceding, accompanied with a full report of their doings, and with their opinion and advice as to the best mode for the conducting and maintaining of the said institution, and the application and invest- ment of its funds, which having received the appro- bation of City Council, and the approval of the Mayor, the said Commissioners shall adopt and pro- ceed forthwith to carry the same into effect. Pro- vided, nevertheless, that said Board of Commission- ers may make at any time during the year, such sup- plementary reports to the City Council, as the said Board may deem for the interests of the City, and any action on these supplementary reports shall 150 CITY HOSPITAL. take the same course as is provided for the annual report. City Hospital. May 24, 1892. April 9, 1901. Mayor to ap- point Commission- ers. Authorized make rules. Proviso. t o May 23, 1880. Com missioners to appoint offi- cers, etc. House physi- cians to be ap- pointed by Facul- ty of Medical College. Sec. 377. The government of the City Hospital shall be under the direction and control of ten Com- missioners to be appointed by the Mayor and con- firmed by City Council, who shall hold their office for four years from the date of their appointment. They shall have power and authority to make and frame such rules and regulations as may be neces- sary for the good government and conducting the business of the said Hospital in the interest of the City and for the benefit of the sick poor therein :Pro- inded, All such rules and regulations are presented to and approved by City Council within ten days after the same are adopted, and that the City Council ma)^ alter, amend, or annul the same. Sec. 378. It shall be the duty of the Commis- sioners of the City Hospital to choose and appoint for the said Hospital such officers and nurses as may be necessary for the proper conduct of the said Hospital, and to superintend and manage the City Hospital, the officers and servants thereof, the sick therein, and its finances, to the best of their judg- ment and 'Skill, and to determine in what manner and by whom all material and supplies, of whatever nature or description, necessary for the said Hospi- tal, shall be purchased. Sec. 379. The necessary house physicians, not exceeding four, shall be, as heretofore, nominated by the Faculty of the Medical College of the State of South Carolina and confirmed by the said Board of Commissioners, but may be removed by the said Board for cause. Sec. 380. It shall not be lawful for any quarters, subsistence, fuel or lights to be furnished to any person who is not an employee of the City Hospital, or who is not a patient therein. REGULATING CONSUMPTION OF GAS. 151 Sec. 381. The ambulances of the City Hospital juiy 12, 1892 shall have the right of way in and upon the streets, have right way. to of lanes, alleys, squares, railroad crossings and wharves of the City in responding to any call for same made by or upon the City Hospital, the Health Depart- ment, the Fire Department, the Police Department, or any person or persons authorized by law to make such call, or being upon such streets, lanes, alleys, squares or wharves in pursuance of such call or calls. No person or persons shall obstruct or neglect to penalty make way for any of such ambulances being thus in or upon any of said streets, lanes, alleys, squares or wharves under a penalty of not less than five dol- lars, or more than twenty-five dollars, for every of- fence, or an imprisonment of not more than thirty days : Provided, always, That such ambulance or ambulances in going to or returning from such call or calls shall not proceed faster than a trot. for ob- structing. Proviso. Regulating Consumption of Gas in City Institutions. Sec. 382. The Boards of Commissioners and the officers in authority over and in charge of the several public institutions and departments of the City of Charleston be, and they hereby are, author- ized, empowered, instructed, and required to keep and maintain a careful and systematic account of the amount of gas and electricity, either or both, which shall be used and consumed b}^ the institution or department under their control and management, and to pay for the same out of the public funds which shall be received or shall be appropriated by City Council for the use and maintenance of such institution or department, and to make an accounting to City Council of such expenditure ; and in no case shall such expenditure exceed the sum ap- propriated for such purpose. Feb. 1901. Consumption of gas and electric- ity in city institu- tions to be regu- lated by authori- ties in charge. 152 ADMISSION INTO CHARITAliLK INSTITUTIONS. Admission into Chari tabic Instittttions. Feb. 12, 1901. Admission into various city insti- tutions regulated. Feb. 12, 1901. To prevent pau- per non-residents being a charge on city. Penalty. Sec. 383. That no person shall be admitted to the Charleston Orphan House, or the City Orphan Asy- lum, the Alms House or the Ashley River Asylum, or the City Hospital, unless he or she shall have been resident in the City of Charleston for three years prior to the application for such admission : Provided, that in case of emergency a person or persons may be admitted to the City Hospital, the Alms House, or the Ashley River Asylum on the joint order of the Mayor and the Chairman of the Board of Commissioners of the institution to which said person or persons desire to be admitted : Provided further, that the Commissioners of the City Hospital shall have the power to admit to the said Hospital patients who .have not had a three years' residence, upon first receiving such compen- sation for their care as, in the opinion of the said Commissioners, will entirely defray the expense thereof. Sec. 384. That any person or corporation who shall bring into the city any sick or wounded per- son who shall have no means of being cared for in this city except at the City Hospital shall be guilty of a misdemeanor, and upon conviction shall be sub- ject to a fine not exceding one hundred dollars, or imprisonment not more than thirty days. Sec. 385. Any person or persons who have not been resident in the City of Charleston for three years, and who shall knowingly and wilfully come into this City for the pufpose of being taken into the City Hospital, the orphan houses of the City, the Alms House or the Ashley River Asylum, shall be guilty of a misdemeanor, and upon conviction be fined not more than one hundred dollars or impris- oned not more than thirty days. THE WILLIAM ENSTON HOME. -j^^^ Provided, that this section shall not apply in case proviso, where a person he admitted to the City Hospital, the Alms House, or the Ashley River Asylum under the provisions of the Ordinance entitled, "An Ordi- nance to regulate the admission of persons to the Charleston Orphan House, the City Orphan Asy- lum, the Alms House, the Ashley River Asylum and the City Hospital. The IVilliam Enston Home. Sec. 386. Whereas, William Enston, late of Aug. 22, 1882. the City of Charleston, hy his last will and testa- ^ iiistory of the r r ■ r Home. ment, after providing for the members of his fam- ily and others therein named for their several lives, did devise and bequeath to the City of Charleston in remainder his estate for the founding of a hos- pital for the old and infirm ; And, whereas. In order to secure, as contemplated in said will, the personal supervision and approval of Mrs. Hannah Enston, widow of William Enston, in whom he therein reposed his special trust and confidence in determining the plan and in the estab- lishment of this munificent charity, and for other good and sufficient reasons, a settlement has hereto- fore been had and concluded by and between the City Council of Charleston, Mrs. Hannah Enston, widow and executrix of Wm. Enston, and the sev- eral surviving annuitants therein named, whereby the said City Council of Charleston has now become invested with and possessed of a considerable portion of said estate, and upon the death of the surviving annuitants of William Enston will receive in final settlement a further portion of said estate, now vested in remainder in said City of Charleston for the use of the said hospital under the deed of trust by Hannah Enston, et al, to William A. Courtenay, Isaac Havne and William Enston Butler, trustees ; 154 THE WILLIAM ENSTON HOME. Home establish- ed. Board tees. of Trus- To make rules. Trustees shall be residents of the city. Vacancies, filled. how Who to be ad- mitted to Home. And, zvhcrcas, It is considered an object of pri- mary obligation to keep tbis munificent legacy of the late William Enston, separate and distinct from the general funds of the City of Charleston, so that, while it accomplishes the leading object of the testa- tor, it may stand as a monument of his liberality and public spirit. Now, therefore, be it ordained by the Mayor and Aldermen of the City of Charleston in City Council assembled : I. That there shall be established as hereinafter provided, with the funds devised and bequeathed to the City of Charleston by the late William En- ston, a Home for old and infirm persons. Sec. 387. That W. A. Courtenay, Alva Gage, F. S. Rodgers, E. H. Jackson, Wm. Thayer, Wm. Robb, A. B. Rose, J. H. Pieper, O. Aichel, C. P. Aimar, J. P. K. Bryan and W. J. Miller are hereby chosen as trustees who, together with the Mayor of the City of Charleston, shall constitute a board of trustees for the management, direction and control of the said Home, and who shall have power and authority to make rules and regulations necessary for the good government and the conducting of the affairs of the said Home. Sec. 388. The Mayor of the City of Charleston shall always be ex-officio a member of said board of trustees, and the twelve other trustees shall be residents of the City of Charleston, and shall be chosen to serve perpetually and without compensa- tion. That upon the death, resignation or removal from the City of Charleston of any one of the said trustees the vacancy shall be filled by the remaining trustees. Sec. 389. All such old and infirm persons in poverty, of good honest character and decent life and conduct as shall be deemed proper objects of admission by the said trustees, may be admitted THE WILLIAM ENSTON HOME. 155 into the said Home, and the said Board of Trustees shall at all times have power to remove any person so admitted. Provided, however, that no person under the age of forty-five years shall be admitted, unless in the case of some great physical infirmity, such as lame- ness. And, provided further, that no lunatic person shall be admitted or allo\ved to remain therein. And, provided further, that there shall always re- main in the gift of any of the family of William Enston six gifts or appointments in said Home to be enjoyed by six individuals. Sec. 390. The said Board of Trustees shall have power to appoint such officers, physician or physicians, nurses and servants as they may deem necessary, and to allow them such compensation for their services as shall be reasonable, and shall also have power to remove them, or any of them, at their will and pleasure, and shall and may exercise such other powers and authorities for the well governing and ordering of the affairs of the said Home as shall not be repugnant to or inconsistent with the true intent and meaning of the provisions of the last will and testament of the said William Enston, deceased. Sec. 391. That the premises known as late Storen's Farm, situate in the City of Charleston, and lying on the east side of King street (and more particularly described in the deed thereof of Michael Storen to City of Charleston,) containing eight acres, be and the same are hereby set apart and ded- icated by the City Council of Charleston as a site for the said Home. And the said premises shall be known and designated as the William Enston Home, and the same are hereby vested in the said Board of Trustees for the use and benefit of the said Home. Sec. 392. That in improving and laying out the No person un- der 45 years to be admitted. No lunatic ad- mitted. Family of Wm. Enston to have 6 appointments. Board to ap- point officers. Compensation. Power to re- move. Location. Designation. 156 THE WILLIAM ENSTON HOME. Memorial. Investments and property vested in Trustees. Improvement in grouiids of the Said William Enston Home, the ^'^°"" ^' said Board of Trustees are hereby required to re- serve and set apart a space of one hundred (lOo) feet square at or near the centre of the grounds, or at some other suitable point therein as they may determine, which spot is hereby dedicated for the erection thereon of a perpetual memorial by the City Council of Charleston to William Enston, her large-hearted, noble benefactor. Sec. 393. All the money, stock, securities, in- vestments and estate of every kind and description, with the increment thereon, which has heretofore come and which hereafter shall come into the pos- session of the City of Charleston, or which is now held by any agent or officer of said city, or trustees on behalf of said "city, and which has been or may hereafter be received by the City of Charleston under the bequests and devises contained in the will of the late William Enston, and the articles of agreement and deeds and instruments executed by and between the parties in interest under said will in settlement of said estate of William Enston, shall pass to and be vested in said Board of Trustees for the use and benefit of said Home.. Sec. 394. And the said Board of Trustees shall have power to sell, at public or private sale, and transfer and convey any and all of the said property, real or personal, applying the proceeds of such sale to the use of said Home ; and all funds held by them shall be invested in such public securities or other estate, real and personal, as they may deem most beneficial ; and all such investments shall be made in the name of the Trustees of the William Enston Home ; and no investment or change of investment of such property shall be made, unless by the vote of three-fourths of the members of said Board of Trustees. Sec. 395. That the said Board of Trustees out Power to change investments. THE WILLIAM ENSTON HOME. 157 of the principal of the fund and property now turned over to them shall forthwith apply and expend such sum, as they shall in their discretion determine, in the improvement of the said premises hereinbefore dedicated as a site for the said Home and in the erection thereon of such number of cottages as they shall determine, of brick, in rows, neat and conve- nient, each cottage to have a small garden, according to a plan to be approved by Mrs. Hannah Enston, widow of the late William Enston. Sec. 396. That the rest and residue of the prin- cipal fund and estate now turned over to said Board of Trustees, remaining after said improvements above mentioned, be held by the said Board to be applied, principal or interest in their discretion, to the use and maintenance of said Home. That the corpus of the trust fund and estate now vested in William A. Courtenay and Isaac Hayne and William Enston Butler, trustees, which hereafter, upon the death of the annuitants of W'illiam Enston, is to be paid over and transferred to the City of Charleston for the use of said Home, shall always be kept and preserved intact by the said Board of Trustees as a principal fund and estate. And only the interest, income, rents, profits and dividends issuing out of the same shall be applied and expended in the fur- ther improvement of said premises, erection of ad- ditional cottages and the support and mainten.ance of said Home. Sec. 397. It shall be the duty of the said Board of Trustees to make in writing annually to the Mayor and City Council of Charleston a full report of their proceedings during the year, and of the state of the Home, showing the number and condi- tion of the cottages, inmates, and all matters neces- sary to a full understanding of the affairs of the Home, which shall be certified by the president and secretarv of said Board. And there shall be ren- To tages build cot- of brick in Rest and resi- due to be held for use of Home. Corpus of fund to be held. Income expended. to be Board reports. to make 158 BATHING HOUSES. dered with said report annually an account or state- ment, certified in like manner, showing the receipts and expenditures for the year and the assets and pecuniary condition of the Home, and said reports shall be addressed to the Mayor before the tenth day of January in each year for the preceding fiscal year. Bathing Houses. Feb. 12, 1889. Board elected. to Power and au thority of same. Sec. 398. That a Board, consisting of seven be Commissioners shall be annually elected by the City Council, at the annual election of city officers, which shall be charged with the erection, care, conduct and management of the bathing houses, and shall have power and authority to make such rules and regulations as it may deem best for the management and maintenance of the same : Provided, That said rules shall require the said bathing houses to be opened each and every day during the months of May, June, July, August and September, from 6 o'clock A. M. to 10 o'clock P. M., three days in each week for the admission of the public, under proper regulations of the said Commissioners, free' of charge, and the remaining days in each week to be opened at such charges as may be fixed by the said Commissioners, for the purpose of defraying the expenses necessary to the maintenance of the said bathing houses. All moneys so received by the said Commissioners, to be deposited with the City Treasurer, subject to the order of the said Commis- sioners. FREIGHT COMMISSIONERS— FREIGHT BUREAU. 159 CHAPTER VIII. Freight Coniinissiojicrs — Freight Bureau. Sec. 399. There shall be a Board of Freight Dec. n, 1894. Commissioners for the City of Charleston, which Board estabiish- shall be one of the municipal Boards of said City, '"^' and shall be appointed and hold office as in herein- after ordained. Sec. 400. That the said Board shall consist of Dec. 23. 1902. seven members, two of whom shall be Aldermen of How composed, the City of Charleston, to be nominated by the Mayor; one Commissioner to be nominated by the Chamber of Commerce, one Commissioner to be nominated by the Cotton Exchange of the City of Charleston, one Commissioner to be nominated by the Merchants' Exchange of the City of Charleston, one Commissioner to be nominated by the Com- mercial Club of the City of Charleston, and one Commissioner to be nominated by the Young Men's Business League of the City of Charleston ; all of which nominations shall be reported to the City Council for confirmation by them : Provided, how- ever, that the Aldermen so appointed shall hold office on said Board only during their term of office as Aldermen. Sec. 401. That any vacancy arising from death, vacancies, how resignation, removal from the City, or incapacity to serve of any one or more of their number shall be filled as provided in Section 400 : Provided, always, hozvever, That in filling said vacancies the basis of representation hereinbefore ordained shall be pre- served, and the person or persons so selected to fill such vacancy shall be reported to City Council for confirmation. Sec. 402. The said board shall be authorized to filled. 160 FREIGHT COMMISSIONERS— FREIGHT BUREAU. Power and du- cxaminc into all matters appertaining to the rates ties of Board. ^^ freight into or out of the city of Charleston, whether by water or by land; and into all matters connected therewith ; and also into all matters ap- pertaining to the rates of insurance, fire and marine, and all matters connected therewith ; they shall be charged with the special duty of taking such steps as they may deem proper to prevent any discrimi- nation against the interests of the city of Charles- ton, and insure fair, just and proper rates of freight and insurance in, and out of the said city. They shall have power to appoint and at pleasure remove an agent or manager, to be known as the manager or inspector of the Freight Bureau of the city of Charleston, and also a clerk and to fix the amount of compensation for each subject, however, to the approval of the City Council of Charleston. They shall have further power to make such rules and regulations for the management for the said bureau, and the discharge of the duties herein im- posed upon them, as they may deem proper, pro- vided such rules are not inconsistent with the laws of the land or the ordinances of the city. Board to report. Sec. 403. The Board of Freight Commissioners shall have entire control and management of the Freight Bureau hereby created, and shall report all their operations, actions and expenses annually to the City Council for its information and approval. Sec. 404. That for the support and maintenance of the Freight Bureau hereby created, such sum shall be annually appropriated by City Council as thev mav deem sufficient. Manager. Clerk. Compensation. Rules. Appro priation for. CHARLESTON COLLEGE— HIGH SCHOOL. CHAPTER IX. Department of Education. Charleston College — High School. Charleston College. 161 Sec. 405. That all donations, devises, bequests or j^p^jj ^g_ ^g^^ legacies to the Charleston College, shall be paid c o m missioners over, received, invested, dealt with, and disposed p*^,,^^/''^ Coiiege of, as relates to both capital and income, for the benefit of the said College, by the Commissioners of the City College Fund, who shall consist of the Mayor of the City, the President of the Board of Trustees of the said College, and the City Treas- urer; and the Commissioners of the City College Funds shall annually report to Council, at the usual Annual repon. period for the annual statement of City accounts and finances, the amount and disposition of the funds respectively under their charge. High School. Sec. 406. That, whereas, the General Assembly Dec. 27, issi. of the State of South Carolina has passed an Act Preamble, relating to the High School of Charleston, the title and provisions of which are as follows : An Act Relating to the High School of Charleston. Whereas, the City Council of Charleston did, by its Ordinance ratified on the second day of May, \. D. 1839, and the twenty-sixth of April, 1853, create a permanent and accumulating fund for the benefit of the High School of Charleston, and did 11 -^^2 HIGH SCHOOL. require its Treasurer, for each and every year from the year 1853, for the rest of the period of ninety- nine years from the year 1839, to issue and dehver to the "Commissioners of the High School Fund" a certificate of stock of the said City of Charleston for the sum of one thousand dollars, which said fund is now invested in the school lot and buildings at the Northwest corner of Meeting and George Streets, and the sum of forty-seven thousand seven hundred and forty dollars in the stock and bonds of the City of Charleston, which amount, yielding an income of twenty-three hundred and eighty-six dol- lars, is not sufficient to perfect the School in all its branches. And, whereas, it has been suggested by the Board of Supervisors of the High School of Charleston to the said City Council, as conducive to the welfare of the said School, to change the in- vestment aforesaid into an annuity of four thousand dollars for the unexpired period of ninety-nine years, to-wit : about sixty years ; and in considera- tion thereof to cause the scrip aforesaid now in the hands of the "Commissioners of the High School Fund" to be cancelled, therebv relieving the Citv of Charleston of that amount of debt ; now, there- fore, to carry the said purposes into effect : Section i. Be it enacted by the Senate and House of Representatives of the State of South Carolina, noz^' met and sitting in General Assembly, and by authority of the same. That the present Board of Supervisors of the High School of Charleston are hereby declared to be a body corpo- rate, by the style and title of "The Trustees of the High School of Charleston," and shall by its said name have perpetual succession of officers and members, the right to use and keep a common seal and the same to alter at will, to sue and be sued, to plead and be impleaded, and to have and enjoy all and every right and privilege, power and franchise HIGH SCHOOL. incident and belonging to incorporate bodies ; they shall also have full power and authority, from time to time, to make, constitute and establish such and so many by-laws, rules and orders as to them shall seem necessary and convenient for the better regula- tion, government, well-ordering and directing of themselves as trustees aforesaid, as well of the said High School of Charleston, and all officers, profes- sors or other persons by them employed, or to be employed in and about the same, and of all pupils in the said School, and for the better managing, limiting and appointing of all and singular the trusts and authorities in them, and each of them reposed, and to be reposed, and for the doing, man- aging and transacting all things necessary for and concerning the government of the said High School of Charleston ; and the same by-laws, rules and orders, to be put in force and execution accord- ingly; and the same again, at their will and pleas- ure, to alter, change, revoke and annul ; all of which by-laws, rules and orders so to be made as afore- said shall be binding on each and every of the trus- tees, and on all officers, professors and other per- sons by them employed, and by all pupils in said School, and shall be from time to time, by each and every of them observed, according to the tenor and effect thereof under the several pains, penalties and disabilities therein expressed. Sec. 2. The Trustees of the High School of Charleston shall consist of the Mayor of Charles- ton, for the time being ex-officio, two Aldermen of the said city, to be elected by the City Council as soon after the General Municipal Election as may be practicable, to hold office for the term of the City Council from which they may be elected, and if the said Aldermen or either of them, shall, from any cause during such term, cease to be Aldermen, his or their place on said Board shall become va- 163 ]^^4 HIGH SCHOOL. cant, and the City Council shall, as soon as prac- ticable thereafter, fill such vacancy with some other Alderman or Aldermen for the unexpired term. Besides these, the Board shall consist of the other persons now members thereof, not sitting as Mayor or as Aldermen ex-officio. That wheneA'er a va- cancy shall occur from any cause in this class of Trustees, such vacancy shall not be filled until the number of the Board, including the Mayor and the two Aldermen, is reduced to nine, at which number it shall remain. Thenceforward and after such re- duction, any vacancy occurring in the Board from any cause shall, from time to time, and at all times, be filled by the Board in such mode as they may deem best : Provided, That this provision shall not apply to the Mayor and Aldermen sitting on such Board ex-officio; and provided, also, that if the Board refuse or neglect or be unable to fill any vacancy within three months after it shall have been reported to the Board, it shall and may be lawful for the City Council to fill the same. Sec. 3. That the "Commissioners of the High School Fund" are empowered and authorized, with the consent and under the direction of the City Council of Charleston, to cancel all scrip or bonds they hold as the High School fund, and deliver the same to the Treasurer of the said City, to be by him retained and securely kept : Provided, That the City Council do agree and contract in proper and legal manner, and in consideration of the said can- cellation, with the Trustees of the "High School of Charleston," to grant an annuity of four thousand dollars for the term of sixty years from the first of January, eighteen hundred and eighty-two, to the said trustees, and for the payment thereof to ap- propriate annually and pay over each year to the said trustees the sum of four thousand dollars, for the sole and exclusive use and benefit of the said HIGH SCHOOL. 165 School ; and, Provided, further, That the said City Council do execute a conveyance of the said school- lot and buildings at the Northwest corner of Meet- ing- and George Streets to the said trustees, for the sole and exclusive use and benefit of the said School. Sec. 4. That the said trustees are authorized and empowered to receive and hold donations, devises, bequests and legacies, and to hold real and personal estate to the amount of three hundred thousand dollars for the benefit and use of the said School. Sec. 5. That all Acts and parts of Acts incon- sistent with the provisions of this Act are hereby repealed, and this Act shall be deemed a public Act, and is to take effect from and immediately after the date of its passage. And, whereas, it is necessary, in order that the same may become operative and binding upon the City Council of Charleston, that the provisions thereof be accepted by the City Council of Charles- ton, it is hereby declared that the provisions of the said Act be and are hereby accepted by the City Council of Charleston. Sec. 407. That the Commissioners of the High cancellation of School Fund are hereby authorized to cancel all scrip or bonds of the City of Charleston held by them, and deliver the same to the Treasurer of the City of Charleston, to be by him retained and se- curely kept. Sec. 408. That, in consideration of the cancella- a p p r opriation. tion of the said stocks and bonds, an annual ap- propriation (beginning with the year 1882) of four thousand dollars, payable quarterly, shall be an- nually made and paid out of the City Treasury, for the term of sixty years, to the "Trustees of the High School of Charleston," for the sole and ex- clusive use and benefit of the said School ; and the Mayor of the City of Charleston is hereby author- 166 SCHOLARSHIPS IN SOUTH CAROLINA MILITARY ACADEMY. ized to execute, in the name of the City Council of Charleston a contract with the "Trustees of the High School of Charleston" that the City Council will make the appropriation herein provided for; and also that he do execute a conveyance of the school lot and buildings at the Northwest corner of George and Meeting Streets, in the City of Charleston, to the said trustees, to be held by them for the sole and exclusive use and benefit of the said School. City Scholarship in the South Academy. Carolina Military Jan. Five scholarships established. How awarded. Sec. 409. That provided that the State of South Carolina shall appropriate not less than the sum of twenty thousand dollars annually to the mainte- nance of the said Academy, in the City of Charles- ton, there shall be five scholarships created and maintained by the City Council of Charleston at the said Academy for four years from the date of the ratification of this ordinance, at a total cost of fif- teen hundred dollars a year, provided Council shall each of said four years appropriate the sai.d sum for each of said years that the State shall appropriate as aforesaid not less than the said sum of $20,000 per annum. Sec. 410. That these scholarships shall be awarded to bona fide residents of the City of Charleston only, upon competitive examination, but no two shall be given to residents of the same ward, except upon failure of some ward or wards to pre- sent eligible candidates, in which case the scholar- ship or scholarships thus vacant shall be given to the candidate or candidates of some other ward or wards making the highest second grades at the ex- amination. Sec. 411. That the said five (5) scholarships SCHOLARSHIPS IX SOUTH CAROLINA MILITARY ACADEMY. 167 To whom appli- cation must be made. shall be given only to applicants whose parents or guardians can make affidavits to the fact that neither they, nor the applicants in their own right, have the means to pay for further education. Sec. 412. All applications for scholarships shall be made to the board of commissioners of the city schools, who will grant warrants to those deemed eligible to appear before the examining board. Sec. 413. That the said examining board shall i-ixamining . , . , J. . . , , Board, how con- consist 01 the superintendent 01 the city schools, as stituted. chairman, the principal of the Charleston High School, and the respective principals of the Crafts, Bennett and Courtenay city schools. This board will examine the applicants for the scholarships to determine the award. At the conclusion of the ex- amination the chairman of the examining board will report to the Mayor, through the board of commissioners of the city schools, the names of the successful candidates, giving the respective city ward to which they belong. Sec. 414. Upon the receipt of this report the Mayor is authorized, in the name of the city, to en- ter the successful candidates as cadets in the State Military Academy, according to the rules of that in- stitution, and within ten days after the beginning of each quarter of the year he will issue his warrant upon the city treasurer to pay to the superintendent of said Military Academy the fourth part of the aforesaid amount of fifteen hundred dollars ($1,500), provided Council shall each of said years appropriate the said sum. Sec. 415. That besides said ward residence, can- Requirements, didates for these scholarships must be or have been pupils at one of the city schools, must be between 15 and 20 years of age, not less than five feet in height, and of fair moral character. They must also be able to pass satisfactory examinations on subjects required for entrance into the Military 168 CHAIN GANG. Academy, namely, arithmetic (completed), de- scriptive geography, history of the United States, English grammar, and to write with facility and correctness from dictation. CHAPTER X. Chain Gaug- -Policc Force — Fire Fire A la nil. Department- Chain Gang. June 16, 1892. Sec. 416. That at the first regular meeting in June, 1904, and every second year thereafter, the City Council shall elect a board consisting of two Aldermen and three citizens, who shall constitute Commissioners ^ Board of Commissioncrs, for the management, to be elected. custody and care of convicts sentenced by the courts or by the municipal authorities, to hard labor on the public streets, squares, alleys and lanes of the City of Charletson ; which board shall have the management of all funds appropriated for the same. The members of the said board shall hold office for the full term as hereinabove prescribed and until their successors shall have been elected. Sec. 417. That the said Board shall have power to make all such rules and regulations as in their judgment may be necessary for their own govern- ment and for the custody and care of the said con- victs : Provided, however, That the said rules, so far as the working of the convicts is concerned, shall not conflict \vith the laws of the State, or with any of the rights, powers and duties of the Superin- tendent of Streets and of the Committee on Streets as defined and fixed by existing City Ordinances, or Ordinances which may be hereafter enacted ; and Powers of the Board. CHAIN GANG. -j^g^ Provided, further. That such rules and regulations shall be approved by City Council. Sec. 418. The Commissioners shall hold a regu- Meetings, lar meeting of the Board at least once a month, and such special meetings as they may deem necessary. A majority of the Board shall constitute a quorum. Quorum. At the meeting for organization, or as soon there- after as the Board shall deem proper, and at the first regular meeting in January of each succeeding year, the Board shall elect a superintendent and Elect a Super- ^ , . f. ,, - tendent and nve guardsmen, it so many be deemed necessary, to guards, constitute the g^ard for said convicts, and from time to time shall fill all vacancies in the said guard by election after ten days" notice of the same : Pro- vided, however. That all elections by the said Board shall be reported to City Council at its next meeting thereafter for confirmation or rejection. The Board of Commissioners shall at any time Power to dis- , , . , . . , „ miss for miscon- have the power and authority to dismiss the Super- duct. intendent or any of the guards for misconduct in office, incompetence, inability to perform his or their duties, or for any other cause whatsoever, and the party or parties so dismissed shall be paid for the actual time of their service at the annual rate provided for in this sub-division. Sec. 419. The salaries and pay of the said guard for convicts shall be as follows : To the superintendent, nine hundred dollars per Salary of Su- perintendent. annum. To the guards, each six hundred dollars per an- Pay of Guards. num. The salaries and pay aforesaid shall be paid monthly by the City Treasurer out of the appropria- tion made by the City Council for that purpose. Sec. 420. The duties of the superintendent and Duties of same. the privates of the guard shall be fixed and defined by the Board of Commissioners. They shall obey all the rules and regulations of the Board. 170 POLICE FORCE. Powers. Board to report to Council. The superintendent and each member of the guard is hereby vested with all powers and au- thority of a policeman of the City of Charleston. The Superintendent shall enforce obedience to all rules and regulations for the government of the guard, as well as for the custody, care and manage- ment of the convicts, and shall make a monthly re- port to the Board of Commissioners. He shall give bond in the sum of one thousand dollars, with two good sureties to be approved by the Board of Com- missioners, for the diligent and faithful perform- ance of the duties of his office. Sec. 421. The Board of Commissioners shall, on or before the first day of January of each year, make a report to the City Council of the condition of the guard, of the convicts, of the amount of ex- penditure and of the amount and character of work done by the convicts during the year. Police Force. Dec. 31, 1887. Nov. II, igo2. Composition force. of Dec. 9, 1902. Salaries pay. and Sec. 422. The police force of the City of Charleston shall be composed as follows : A Cap- tain or Chief of Police, one first lieutenant, one second lieutenant, one third lieutenant, two orderly sergeants, eight duty sergeants, eighty-five privates or regular policemen, four detectives, if so many be necessary, one of whom shall be known as chief of detectives, three special detectives, if the same be necessary, four doorkeepers, five drivers, if so many be necessary, and two daymen. Sec. 423. The salaries and pay of the police force shall be as follows : To the captain, $1,800 per annum; to the first lieutenant, $1,200 per annum; to the second and third lieutenants, each $1,080 per annum; to the orderly sergeants, each $780 per annum ; to the duty sergeants, each $720 per annum ; to the POLICE FORCE. ]^7]^ privates, each $660 per annum ; to the chief of de- tectives, $900 per annum ; to each of the other three detectives, $720 per annum ; and to each of the three special detectives, $600 per annum ; to the doorkeepers, each $480 per annum ; to the drivers, each $360 per annum ; to the daymen, each $360 per annum. The salaries and pay aforesaid shall be paid by the City Treasurer semi-monthly to each person en- titled thereto, subject to such deductions as shall be made to satisfy fines imposed on any member of the Fines, police force by way of discipline or punishment. That in addition to the salaries hereinbefore pre- f'^s .to chief ^ and Lieutenants scribed for the Chief of Police and the three Lieu- for horse feed, tenants, there shall be paid to each of them the sum of $125 per annum for the feed and keep of a horse. That, in case of need, the Mayor be authorized Mayor to ap- ^ . . , , . . . , point special de- to appomt a special detective for service connected tective for Assess- •■i ., A 1 , , , or's Department. With the Assessor s department. Sec. 424. The Mayor shall, on the second Tues- officers, how J • T • ■ J. ^^ r-i ■ £ appointed. day in January, in every year, nominate the Chief and Lieutenants of the Police Force, who shall be confirmed by Council. Sec. 42=;. All appointments on or discharo^es Appointments . ^ . ... ^_ and dismissals. from the Police l^orce of non-commissioned offi- cers or privates shall be made by the Chief of Police subject to the approval of the Mayor, and the Mayor and Chief shall make all the rules and . regulations for the government of the Police Force, subject to the approval, alteration and revision of the City Council. Sec. 426. The commissioned officers shall hold T^™ of office ' and punishment. their offices for the term of one year from the date of their appointment. They may be suspended by the Mayor for cause, which suspension shall be forthwith reported to City Council and be subject to their action. For disobedience, misconduct or 172 POLICE FORCE. Officers to give bonds. Special police- men and pay of same. Individuals may have special po- lice appointed. Powers and du- ties. Dec. 9, 1902. No policemen entitled to fines. violation of the rules of the Police Force, commis- sioned officers shall be tried by the City Council, and be subject to be removed or recei\^ such other punishment as may be fixed by a majority of the City Council present at such trial. Sec. 427. Before entering upon the duties of their offices, the Chief of Police shall give bond in the sum of two thousand dollars, and the Lieu- tenants, each, in the sum of one thousand dollars, with sufficient sureties, to be approved by the City Council, for the faithful performance of the duties of their respective offices. Sec. 428. The Mayor may, upon any emergency or apprehension of mob, tumult or riot, appoint as many special policemen as he may deem necessary ; such special policemen shall be paid not more than two dollars per day for their services while ac- tually employed. Sec. 429. Any individual, firm or corporation needing special policemen may, upon application to the Mayor, have proper persons appointed ; such special policemen and the policemen so appointed shall be subject to the orders of the Chief of Police, and shall obey the rules and regulations for the gov- ernment of the police force, and conform to its gen- eral discipline and such special regulations as shall be made, and shall wear such badge as may be pre- scribed, and shall during such appointment possess all the powers of a regular policeman, but shall re- ceive no pay whatever from the City . The person so appointed may be removed at any time by the Mayor. Sec. 430. No officer or private of the police force shall be entitled to any portion of the fines imposed for the violation of city ordinances, but the whole thereof shall be paid to the City Treas- urer. But the fines imposed upon the members of the police force for divers delinquencies and all de- POLICE FORCE. 173 ductions for lost time shall be set apart and form a special pension fund and be placed to the credit of th€ Commissioners of the Police Relief and Pen- poHcc Relief .and Pension Fund sion Fund. And of the amounts placed to the established, credit of the said Commissioners of the Police Re- lief and Pension Fund, two-thirds of the same shall be carried for, as and to the principal of the said fund, and the remaining one-third, together with the interest accruing on the principal in any one year, may be used by the said commission for the support in whole or in part of the aged and decrepit representatives of the police department, who, dur- ing their connection therewith, have rendered faith- ful service and never have been discharged for cause, and for members of the police department who have been disabled in the discharge of their duty. The said commission, at the end of every fiscal year, shall cause to be carried to the principal of said fund whatever amount there remains of said hereinbefore specified one-third and the interest on the fund that has not been expended and is in ex- cess of the sum of five hundred ($500) dollars. It shall be the duty of the said Commissioners of j ^ invest the said Police Relief and Pension Fund to invest ^""''■^• said funds in State or Municipal bonds, or certifi- cates of indebtedness, or to allow said funds to re- main in the City Treasury, and while so remaining said fund shall be credited with interest thereon, at the rate received by the city for the public funds deposited in the designated depository of the funds of the city. The Police Relief and Pension Fund Commission ^ow composed, shall consist of the Mayor (ex-ofiicio) and two citizens to be elected by the City Council at the second meeting in January, 1903, one for a term of two years, and one for a term of three years, and at the second meeting in January, 1905, and in everv vear thereafter, shall be elected one citizen 174 POLICE FORCE. To make rules to be approved by Council. Make report. Chief to make quarterly reports. Persons engag- ed in mercantile business to put up sign boards. Penalty for de- fault. Not to apply to special partners. as a Commissioner of the Police Relief and Pension Fund for a term of two years. Said commissioners shall have power to make such rules and regulations as they deem best, pro- vided the same shall not conflict with the City Or- dinances, and provided further that such rules and regulations shall be approved by City Council, and said commissioners also shall at the second meeting in January of each year present to City Council a full, detailed statement of their receipts and expen- ditures, together with the amount of the principal of said fund. Sec. 431. The Chief of Police shall make on or before the first day of January, April, July and Octo- ber in each year, a report to the City Council of Charleston of the condition of the police force, and the amount of expenditures of the same. Sec. 432. Every person keeping a shop or store, or engaged in mercantile business within the city of Charleston, shall post up and keep posted up, in some conspicuous place, at his or her business stand and stands, a proper and conspicuous sign board or plate, containing his or her given name and surname ; and in case of a partnership the given name and surname of each member of the firm. And every person offending or making default here- in shall be subject to a penalty of fifty dollars or imprisonment in jail not exceeding thirty days for each and every offence or default ; and, in addition thereto, a further sum of fifty dollars for each and every month during which the provisions of this or- dinance shall remain not complied with ; provided, however, that nothing herein contained shall apply to the special partners of a limited partnership. Sec. 433. It shall not be lawful for any person or persons to draw off, take or remove any lamp oil, paint or other oil, from any cask, jar, hogshead, barrel or vessel containing the same, .standing or POLICE FORCE. 175 being upon the pavement or sidewalk of any street, lane or alley within the city ; and any person or per- sons offending against this section shall be liable to a penalty of twenty dollars, one-half thereof for the use of the informer, and the other moiety for the city, and failure to pay said penalty shall subject such i)erson to imprisonment not exceeding ten days. Sec. 434. It shall be the duty of the Police De- partment to arrest any person who may be found digging up the streets or sidewalks for any pur- pose without the written permit of the Superinten- dent of Streets, approved by the Mayor. Sec. 435. It shall not be lawful to or for any person or persons to make use of any foot pavement for the purpose of rolling any barrels or wheel-bar- rows, or of driving any cart or dray, or carts or drays, or riding or leading, or hitching any horse, or horses, upon the same. Every person herein offending shall, for each and every such offence, be fined in the sum of five dollars or be liable to im- prisonment not exceeding five days. Sec. 436. Every person who shall wilfully take up or carry away, or cut, or otherwise injure any post or posts, which have been or may hereafter be put along the edge of any foot pavement, shall be liable to a penalty of fifteen dollars, or - imprison- ment not exceeding five days, for each and every post so taken up, carried way, cut or injured. Sec. 437. That three or more persons shall not stand in a group or near to each other, on any side- walk, or in any street or public thoroughfare, in such a manner as to obstruct a free passage for foot passengers, after a request or order to move on made by a«y officer or private of the police force : Provided, That in times of public danger, existing or threatened, it shall be the duty of the police force to keep the streets clear of all gatherings, and no Police to arrest. Barrels not to be rolled uDon foot pavements. Penalty for car- rying away or in- juring any post. May 25, 1880. Unlaw ful to stand on streets so as to obstruct same. 176 POLICE FORCE. Penalty. Nov. 20, 1806. Awnings, sign- boards, etc. Balconies. Penalty. Sept. 25, 1849. Not lawful to erect wooden posts or frames for awnings. Not lawful to keep up any awn- ings after sunset. citizen shall be allowed to remain standing on the streets after a request to move on has been made by any officer or private of the police force. That any person or persons who may be convicted, by any court of competent jurisdiction of violating any of the provisions of this section shall be subject to a fine of not more than one hundred dollars, or imprisonment not exceeding thirty days. Sec. 438. No cloth awning shall be put in such a manner as to obstruct foot passengers ; and no sign board shall be erected otherwise than nine feet from the surface of the ground or foot pavement ; and not more than one wooden balcony shall be af- fixed to any house or building in front of any street, lane, alley or open court ; and every such balcony shall be above the first story of such house or build- ing, and shall be uncovered or open at the top, and firmly supported by sleepers, fixed in the walls of the house or building to which it is attached, and shall not extend more than four feet beyond the same, under a penalty of twenty dollars for each and every day while any such awning, signboard or balcony, fixed or formed otherwise than is herein directed, shall so remain, or by imprisonment not exceeding ten days for each and every offence. Sec. 439. It shall not be lawful to erect or put up wooden frames or wooden posts, for awnings, in any of the streets, lanes or alleys of this city ; and any person or persons offending herein shall be subject to a penalty not exceeding forty dollars, or imprisonment not exceeding ten days, for each and every offence. Sec. 440. It shall not be lawful for any person or persons to fix or keep up, open, and unfurled, any awning of canvas, linen, or other cloth, in any of the streets, lanes or alleys of this city, at any time or times between the going down of the sun and the rising of the same ; and any person or per- POLICE FORCE. 177 sons offending- herein shall forfeit and pay the sum of ten dollars, or five days imprisonment in jail, for each and every offence. Sec. 441. No person shall, for the purpose of Nov. 20, 1806. exposing any goods, commodities, or other articles no stand for for sale, place or cause to be placed, any such f ^ w e d ^Tn ^ file goods, commodities or other articles whatsoever, ^f^ets. on any table, bench, stall-board, box, or other ap- pendage, in any street, lane, alley or public thoroughfare, or on any foot pavement within the city, under a penalty of twenty dollars, or imprison- ment not exceeding ten days, for each and every of- fence, and for each and every night or day, as the case may be, on which any such offence is commit- ted : Provided, hozvever. That auctioneers and ven- Auctioneers may expose be- due masters shall be permitted to expose, before fore their stores . goods to be sold their stores, such goods and commodities as they at auction, sell at public auction ; but not to take up more room than the front of their respective vendue stores, and to the distance of six feet beyond the same. Sec. 442. That his Honor the Mayor be, and Dec. 18, 1894. hereby is, empowered to appoint three special detec- special detec- , -P,^. T 1 • tives for Dispen- tives, to be known as Dispensary Law detectives, sary Law. who shall constitute a part of the City Police force, but who shall not be required to appear in uniform, whose chief duty it shall be to keep a constant look- out for violations of the State Dispensary Law, and to report to the Chief of Police all offenders de- tected in making such violations, and in general to enforce the provisions of the said law. That said detectives shall receive the same pay as do the privates on the police force. Sec. 443. That it shall be the duty of the entire g^ti^e force to police force of the City to co-operate with such cooperate. special detectives in the rigid enforcement of the Dispensary Law. Sec. 444. Any person or persons who may be 12 178 FIRE MASTERS AND COMPANIES. Oct. 22, 182I. Penalty for as- saulting the po- lice. guilty of assaulting the police in the performance of their duty, shall be fined not less than twenty dollars or more than one hundred dollars, or shall suffer such imprisonment not more than thirty days, as the Judge or the Court trying the case may deem Firc-Mostcrs and Companies. Number gines. Dec. 22, 1896. Sec, a AC. That a board of seven fire commis- Oct. 17, 1 88 1. . ^^^1 Nov. 30, 1881. sioners, to consist of the Mayor and six citizens, ap- Composition of poiutcd by him and confirmed by City Council shall Board. . -^ -^ ^ constitute the board of firemasters of the City of Term of office. Charleston, and shall hold their office for a term of four years from the first day of January next fol- lowing the date of their confirmation. of en- That the fire department of the City of Charles- ton shall consist of such and as many engines, hook and ladder trucks, reels, wagons, horses, hose and other appliances as the fire commissioners, with the consent of the City Council, and the approval of the Mayor, may from time to time determine. Dec. 22, 1896. Sec. 446. The force of the fire department shall Officers. be composed as follows : One chief, one assistant chief, seven engineers, seven assistant engineers, one tillerman, one assistant tillerman. one lineman, one battery man. twenty-five drivers and helpers, eight foremen, forty-seven callmen and one super- intendent of horses. The entire force, except fore- men, callmen and superintendent of horses, shall be deemed the permanent force of the fire depart- ment, devoting their entire time to the duties re- quired of them. The foremen, callmen and superin- tendent of horses shall perform such duties as may be required and prescribed by the board of fire- masters. Officers and Sec. 447. That cach steam fire engine shall have men or eac en- ^|^^ following Complement of officers and men : FIRE MASTERS AND COMPANIES. 179 One engineer, one assistant engineer, one foreman, two drivers, one helper, and six callmen, and shall have three horses. Sec. 448. That each truck shall have one tiller- ^^.^f^.^^'"^ ^°'' man, one assistant tillerman, one driver, one fore- man, one helper and seven callmen, and shall have two horses. Sec. 449. The following annual salaries are June 9, 1903. hereby established : Salaries. The salaries and pay of the force of the fire de- partment shall be as follows from and after January I. 1897: One Chief, salary and keep of horse, per annum $ 1,625 00 One asistant chief, $1,200 per annum 1,200 00 Seven engineers, each $900 per annum... 6,300 00 Seven assistant engineers, each $600 per annum 4,200 00 One tillerman, $600 per annum 600 00 One assistant tillerman, $425 per annum 425 00 One batteryman, $480 per annum 480 00 One line man, $420 per annum 420 00 Twenty-five drivers and helpers, each $414 per annum 10,350 00 Eight foremen, each $255 per annum 2,040 00 Forty-seven callmen, each $235 per an- num 11,04^ 00 One superintendent of horses, $300 per annum 300 00 $38,985 00 Sec. 450. That the government of the Fire De- ib., s e. partment being vested in the Board of Fire Masters, Government of they shall have power and authority to make such in^Bo™rd"* "^^^^ rules and regulations as they may deem necessary for the good government of the said Department : 180 FIRE MASTERS AND COMPANIES. Term of office of employees. lb., § 7- Engineers be examined. t o lb., § 8. Dec. 22, 1896. Annual meet- ing. Election of ofli- cers. lb., § 9- Apparatus o f Fire Department to have ridht of way. Provided, All such rules and regulations are ap- proved of by the City Council, who may confirm, alter and amend, or annul the same ; and they shall, with the approval of the City Council, locate the stations of engines, reserve engines, reels, trucks, and fuel wagons ; and shall elect all the officers and men hereinbefore designated, after ten days pub- lic notice of said election, the result of which said election shall be reported to and confirmed by the City Council at their next regular meeting there- after. That the persons so elected to manage the said engines, trucks, &c., shall hold their several offices during good behavior, subject to the rules and regulations of the Fire Masters, made for the discipline and the efficiency of the Department. Sec. 451. That the Board of Fire Masters shall direct every applicant for the position of engineer of any company in the Fire Department, to stand an examination before a Board of experienced engi- neers — not employed in the paid service of the Fire Department — said Board to be elected or ap- pointed by the Board of Fire Masters, and the fee, if any, for such examination, to be paid by the ap- plicant. Sec. 452. The annual meeting of the said board of Fire Masters shall be held on the first Monday in January, in each and every year, at which meeting they shall elect the chief and assistant chief and re- port the result of such election to the City Council for confirmation. Sec. 453. The apparatus of the Fire Department shall have the right of way in and upon the streets, lanes, alleys, squares, railroad crossings and wharves of the City, in going to any fire, or being upon such streets, lanes, alleys, squares or wharves in pursu- ance of an alarm of fire. No persons shall obstruct or neglect to make way for any of such apparatus being thus in or upon any of said streets, lanes, al- FIRE MASTERS AND COMPANIES. 181 leys, squares, or wharves, under a penalty for every offence of not less than five dollars, or more than twenty-five dollars, or to an imprisonment of not more than thirty days : Provided, alzvays, That such apparatus in going to a fire shall not proceed faster than a trot, and in returning from a fire, shall not proceed faster than a walk. Sec. 454. That it shall not be lawful for any person or persons whomsoever to ride or drive a vehicle through the streets or lanes in which the fire department are assembled for the purpose of extinguishing a fire ; and should any person or per- sons attempt to ride or drive a vehicle through the streets and lanes in which the fire department are assembled for the purpose aforesaid, he or they shall be subject to a penalty not exceeding fifty dollars for every offence so committed, to be recovered in any court having competent jurisdiction, or im- prisonment not exceeding thirty days. Sec. 455. The Board of Fire Masters shall have power to make such rules and appoint such com- mittees for the convenience of their own govern- ment as shall to them seem expedient : Provided, same do not conflict with any Ordinance or regula- tion of Council. Sec. 456. The Chief, Assistant Chief, Clerk, Superintendent of Fire xA-larm, engineers and fore- men of companies, shall not leave the City without the consent, in writing, previously obtained from the Chairman of the Board of Fire Masters, under pain of forfeiting their ofiice ; and after such for- feiture the Board shall proceed forthwith to fill the vacancy. Sec. 457. The Board of Fire Masters shall have power to fine, suspend, or dismiss any of the offi- cers or men who shall have been elected by the said Board, for any violation of the rules of the Depart- ment, after a full and impartial hearing and trial Penalty. lb., § 10. Not lawful to drive in the streets where de- partment are as- sembled. Penalty. lb., § II. Board to make rules. lb., § 12. Officers not to leave the City. lb., § 14. Board to fine or suspend em- ployees for viola- tion of rules. 182 FIRE MASTERS AND COMPANIES. lb., § 15- No person al- lowed within line of operations at fire. lb., § i6. Board and offi- cers to have con trol of fires. Penalty. lb., § 17. Directions for shutting off gas. lb., § 18. Penalty shutting off without order. for gas shall have been given to such officers or men by the said Board, at a meeting to be called for that purpose. Sec. 458. As far as may be practicable, no per- son whatever, not connected with the Fire Depart- ment, Police Force, or Underwriters' agents, shall be allowed to remain within the line of operations unless actually employed; and for this purpose a cordon shall be drawn around the fire, within which no person shall enter unless his services be re- quired. Sec. 459. All the operations at a fire shall be considered as under the direction and control of the Fire Masters, and the officers of the fire de- partment; and any person who shall oppose, inter- fere with or refuse to obey their directions or any of the regulations herein prescribed, or which may hereafter be prescribed by the Board of Fire Masters, with the consent of the City Council, shall be liable to a fine of not less than five dollars nor more than fifty dollars, or imprisonment not ex- ceeding thirty days ; and any person in any way in- terfering with the Fire Masters or the Fire Depart- ment may be arrested and removed beyond the line of operations, or committed, as the case may be. Sec. 460. Whenever a fire occurs within the City of Charleston, it shall be the duty of the Chief of the Fire Department, or any of his Assistants who may be on duty at such fire, to give directions for shutting off gas from any house on fire, or about to take fire; and no person other than the occupant of the house, shall shut off the gas, except by the express order of such Chief or Assistants. Sec. 461. Before any such order shall be given, full and sufficient notice shall be given to the in- mates of the house, to enable them to make such ar- rangements as the urgency of circumstances will permit. Any person who shall shut off the gas from J FIRE MASTERS AND COMPANIES. a house on fire, or in the neighborhood of a fire, without the order of the Chief of the Fire Depart- ment, or one of his Assistants, or of the occupant of the premises, shall be liable to a penalty of one thousand dollars, to be recovered in any court of competent jurisdiction. Should the Chief of the Fire Department, or either of his Assistants, order the gas to be shut off from any house not actually on fire, without first giving full notice of such or- der to the inmates of the house, and in time for them to make such preparation and arrangements as circumstances will admit, he or they shall be sub- ject to a penalty of one hundred dollars, to be re- covered in any court of competent jurisdiction. Sec. 462. In the event of a vessel or vessels en- ib., s 19. 183 tering the Port of Charleston on fire, or vessel or Board author- , , . ^ . , .-.,,, ized to contract vessels takmg nre m the stream atter havmg hauled for putting out out from the wharf or wharves, the Fire Masters are empowered to negotiate for the service of the Fire Department in extinguishing said fires ; and all such funds so obtained shall be appropriated in such manner as may be determined by the Board of Fire Masters. Sec. 463. It shall not be lawful for any person ib., s 20. or persons to put lumber, bricks or other materials Unlawful to , ,. -ii 1 1 r 1 obstruct fire on or 111 the immediate neighborhood of any pub- weiis, hydrants, lie fire-well or hydrant, so as to obstruct the ap- proach thereto, or the working of the fire engines or trucks, or in front of any engine or truck house, whereby the free ingress and egress of the engine or truck may be prevented ; and any person offending herein shall be liable to a penalty of not less than Penalty. fifty, nor more than one hundred dollars, or to an imprisonment of not more than thirty days ; and in addition thereto twenty dollars for each day such obstruction shall be allowed to remain after notice shall have been given to remove the same. Sec. 464. It shall not be lawful for any person 184 FIRE MASTERS AND COMPANIES. Unlawful t o run wires so near fire alarm wires as t o affect their working. Unlawful t i e horses poles. Penalty. to t o Police port. t o re- lb., § 21. Board mav pro- hibit use of pub- lic wells. lb., § 22. Chief to en- quire into origin of fires and re- port to Council. or company to run any telegraph, telephone, electric or other wire, so near the fire alarm telegraph wires as to affect their perfect working, or place obstruc- tions of any kind or nature whatsoever about or near the poles or wares of the said fire alarm tel- graph, or to tie any horse or horses to said poles, under a penalty of not more than one hundred dol- lars for each and very offence, or to an imprison- ment not exceeding thirty days, in the discretion of the court trying the case. It shall be the duty of the police to report to the Superintendent of the Fire Alarm any accident to or impediment in the line of said fire alarm telegraph ; and it shall be the duty of any police officer or person giving an alarm of fire to remain at the box from which the alarm is given to locate the fire for the Department. Sec. 465. It shall and may be lawful for the Board of Fire-Masters, from time time, to restrain, or to prohibit entirely, the use of any of the public wells in any part of the City, whenever, in their judgment, the public good shall require such re- straint or prohibition ; and any person who shall violate any order of the said Board of Fire-Masters, in relation to the public wells, after notice given personally in writing, or duly published in one of the City newspapers, shall be subject to a penalty of ten dollars for every such offence, or to an imprison- ment of not less than ten days. Sec. 466. It shall be the duty of the Chief of the Fire Department to inquire into the origin of every fire that occurs in the City of Charleston, and to keep a record of the same in proper books for that purpose ; and he is hereby authorized and empow- ered to summon, through the Chief of Police, and examine such persons as witnesses, as he may think proper. He shall report to the City Council the cause and locality of all fires, the amount and char- acter of property destroyed, and the amount of in- FIRE MASTERS AND COMPANIES. surance thereon. And in all cases where the cir- cumstances indicate that the fire is the act of an in- cendiary, he shall take the necessary steps to bring the offender to punishment. Sec. 467. If any person shall make, cause to be ^'^' 185 made, or have in his possession, an impression or , Duplicate keys i ' ^ to alarm boxes duplicate of any signal box key, without the express prohibited, permission of the Superintendent of the Fire Alarm, such person shall, upon conviction thereof, before any court of competent jurisdiction, be fined in any sum not less than ten dollars, nor more than one hundred dollars, at the discretion of the Court, with costs of prosecution. It shall be unlawful for any person to give, or cause to be given, a false alarm, with intent to deceive, or to pull the slide of any station or signal box, except in case of fire; or to tamper, meddle or interfere in any way with said boxes, or any part thereof; or to cut, break, injure, deface or remove any of the said boxes, or any of the wires or supports thereof, connected with any part of said Fire Alarm ; or to make any connection or communication therewith, so as to interrupt or inter- fere with the proper working of the same, or with evil intent to injure, break or destroy any machinery or fixtures connected with it. Any person guilty of a violation of any of the provisions of this Section shall, upon conviction thereof before anv Court of competent jurisdiction, be fined in a sum not less than twenty-five dollars, nor exceeding two hundred and fifty dollars, or by imprisonment, at the discre- tion of the Court. Sec. 468. The Chief of the Fire Department shall May 12. 1892. have signs painted and pladed over each alarm box, signs to be . . placed at alarm Stating where the key of the same may be found; boxes. and the said Chief shall make an annual inspection and see that the keys are in their proper places. Sec. 469. In addition to the Fire Commissioners ^^■' ^ ^- heretofore provided to be appointed as Fire-Masters, be^s^"''"'' "'^'"" 186 FIRE ESCAPES. there may be appointed for a like term, by the Mayor, at the request of the Board of Fire Under- writers in the City of Charleston, two members, who shall be known as "Advisory Members of said Board." They shall be entitled to seats at all meet- ings of said Board, and participate in their deliber- ations, but shall not be entitled to vote. Salvage corps. Sec. 470. That the Salvagc Corps and its out- fit, maintained and kept by the Board of Fire Un- derwriters of the City of Charleston, shall be, and is hereby recognized as a part of the Fire Depart- ment of the City of Charleston, and shall be subject to the Ordinances, Rules and Regulations governing the said Department, and shall be entitled to all the rights and privileges of said Department and shall have authority to enter any building on fire, or en- dangered by fire or water, for the protection of goods, or the removal of the same, but shall receive no pay from the City. Fire Escapes. March 25, 1884. Fire escapes to be provided in buildings where operatives are em- ployed in stories above the first story. Chief and As- sistant Chiefs of Fire Department to inspect. Sec. 471. Any building already erected, or which may hereafter be erected in the City of Charleston, in which operatives are employed in any of the stories above the first story, shall be provided with such fire escapes as shall be approved by the Chief and Assistant Chiefs of the Fire Department, and the Clerk of the Board of Fire-Masters ; and the owner or owners of any building upon which any fire escapes may now be or may hereafter be erected, shall keep the same in good repair, and no person shall, at any time, place any incumbrance of any kind whatever upon any said fire escapes now erected or that may hereafter be erected in said City. Sec. 472. It shall be the duty of the Chief and Assistant Chiefs of the Fire Department, and the Clerk of the Board of Fire-Masters, to inspect all FIRE ESCAPES. 187 What buildings, must have fire es- capes. dwelling-houses now erected in the City of Charles- ton, occupied by two or more families, on any of the floors above the first floor from the level of the street, and any building now erected, occupied or used as a school house, theatre or other place of amusement, hotel, boarding or lodging house, fac- tory, mill or manufactory, or for offices or work- shops in which persons are employed in any of the stories above the first story, and, if in their opinion, such building is not provided with proper facilities for the escape of such persons in case of fire, they shall immediately serve a notice in waiting upon the owner or owners, agent, or other party or parties having an interest in said building, requiring such facilities to be provided without delay. Sec. 473. If any person or persons so notified Proceedinsts . ,..,.. where parties, af- shall refuse or neglect to provide such facilities to ter notice, neg- the satisfaction of said Chief and Assistant Chiefs fire escapes, of the Fire Department, and the Clerk of the Board of Fire Masters, within such time as they may de- signate, then a careful survey of the premises named in said notice shall be made by three disinterested persons, one to be appointed by the said officers, one by the owner or interested party, and the third chosen by these two, and the report of such survey shall be reduced to writing, and a copy served upon the owner or other interested party, and if said owner or other interested party refuse or neglect to appoint a member of said Board of Survey, then the survey Survey, shall be made by the Chairman of the Board of Fire-Masters, and the Chief of the Fire Depart- ment, and in case of disagreement, they shall choose a third person. Sec. 474. If the report of such survey shall require the furnishing of the facilities as aforesaid, the requisite changes or alterations in the building shall be particularly described, and a copy thereof served upon the owner or owners, agent, or other Notice given. to be 188 MARKET. Penalty. Outlets buildings. from Penalty. parties having an interest in said building, notifying such person to have such changes and alterations made within a certain time therein to be fixed. Sec. 475. If the owner or other interested party shall refuse or neglect, after such notification, to furnish the facilities therein required and set forth, said owner or other interested party shall pay the sum of fifty dollars for every day's continuance of said refusal or neglect. Sec. 476. It shall be the duty of the said Chief and Assistant Chiefs of the Fire Department, and the Clerk of the Board of Fire-Masters, to inspect all churches, schools and buildings wherein large assemblages do congregate, and recjuire the outlets to the same to be arranged in such a manner as will most easily permit the inmates to escape in case of accident or fire. Any person failing to comply with the requirements of this Section, after having been notified by the said Chief and Assistant Chiefs of the Fire Department, and the Clerk of the Board of Fire-Masters, shall pay a fine of fifty dollars for every day after the expiration of the time within which such alteration may be required to be made by said officers. CHAPTER XL Market. May 6, 1807, %i. Dec. 8, 1891. July 9, 1901. Sec. 477. The Commissioners of the Market shall have the power and authority to make, or cause to be made, all such appendages and improvements in Market Street as to the Commissioners, or a majority of them, may appear proper and conducive to the best interests thereof, and the City of Charles- ton. Provided, however, that all expenses attend- ant on, or incident to the building, appendages and MARKET. 189 Stall Rents. Oct. 19, 1835, § I. improvements aforesaid, as well as all costs of keep- ing- the same in proper order and repair, shall be solely and entirely defrayed out of the yearly appro- priation. Sec. 478. All stalls shall be let out or hired by May 6, 1807, the Commissioners; and every person to whom the use of a stall or stalls shall be granted, shall pay to the Clerk of the Market a monthly rent of four dollars for each stall ; and shall forfeit all right and title thereto, on failing or neglecting to pay such rent on or before the fifth day of every month. Provided, hozvever, That the Commissioners of the Market shall be authorized, with the approbation of the City Council, to alter the amount of stall rents, and the time of payment, giving to the parties con- cerned one month's previous notice of any such al- teration. Sec. 479. No person shall be allowed to sell any meat, vegetables, provisions, or any other article No person ai- , , , - , , , lowed to sell in m the market, except a lessee 01 one 01 the market the market except stalls, or a person in the employment of a lessee, stall. unless such person shall have previously applied to the Clerk of the Market and obtained the permission in writing of the Weekly Committee of the Commis- sioners of the Market. And if any article shall hereafter be brought into the public market, 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 market, the same shall be liable to be seized by the direction of any of the Commissioners ; and to effect such seizure the Commissioners are authorized to require the services of the Clerk of the Market, or police officers of the City, and the article or articles so seized shall be disposed of in the same manner as is provided in other cases of seizure in the public market. Sec. 480. The Commissioners of the Market are 190 MARKET. lb., S 2. Com missioners may vacate the lease of any stall. lb.. § 3- Mode of enforc- ing payment. lb., § 5. Butchers to transfer not stalls. Proviso. hereby authorized, when they deem the same neces- sary, to vacate and determine the lease or hiring of any of the staHs of the pubhc market. And when- ever the said Commissioners shah see fit to declare any stall vacant, and to determine the lease thereof, notice in writing shall be given by the Clerk of the Market to the person hiring or leasing said stall, either personally or by affixing said notice to the 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 persons, after such notice, shall attempt to sell, or offer for sale at said stall any article or articles whatever, the same shall be liable to be seized and forfeited by the direction of three of the Commissioners aforesaid ; and each person so offending shall, moreover, be liable to the penalty of twenty dollars, or imprison- ment not exceeding ten days. Sec. 481. When any person or persons hiring or leasing a stall in the market shall fail to pay the rent due for the occupation thereof, the Clerk of the Market shall be authorized, with the consent of a majority of the Commissioners, to seize upon any article offered for sale at such stall, and sell the same, the proceeds to be applied to the payment of the rent due. Sec. 482. No butcher or other person shall have a right to dispose of, or to transfer, his or her stall or stalls to another butcher, or any other person whomsoever ; but the Commissioners of the Mar- ket shall have full power and authority to grant, according to their discretion, the use and possession of every stall, on its becoming vacant, by the for- feiture or expulsion of the former holder, or by his retirement from the trade of a butcher. Provided, hoivever. That nothing herein contained shall ex- tend, or be construed to extend, to exclude the widow, or child, or children of the holder of a MARKET. 191 stall, upon his decease, from the further use and possession thereof, whilst she, or they, or either of them, do bona fide continue to carry on the butcher's business. And, provided, also, That an additional and adjoining stall may be granted by the Commis- sioners of the Market, or by a majority of them, to a butcher whose business may require more than a single stall, if it can be done without debarring at the same time another applicant, who is desirous of pursuing the trade of a butcher, and who, being without a stall, cannot be otherwise accommodated by a vacant stall in the market. Sec. 483. The Commissioners of the Market, when granting the use and possession of a butcher's stall, shall give to the grantee thereof a certificate, countersigned by the Clerk of the Market, which certificate shall specify the number or other descrip- tion of the stall, and the terms of its tenure. And if any person shall use or occupy a stall, or part of a stall in the market, without having previously obtained a certificate, or shall occupy a stall, or part of a stall, other than specified in the certificate, he or she shall be subject to a fine not exceeding ten dollars for each and every such offence, or imprisonment not exceeding ten days. Sec. 484. No fresh beef, pork, veal, mutton, lamb, or other meat, shall be cut up and exposed for sale at any place within the city, other than the public market, or green grocer shops, where sale thereof shall be permitted by the City Council, under a penalty of ten dollars for each and every such offence, or imprisonment not exceeding ten days, and all parties selling, or offering for sale, fresh meats, other than from the public market, or from green grocers' shops, shall be subject to the provis- ions and penalties prescribed in this Section. Sec. 485. No bullock, ox, cow, or other grown neat cattle intended for sale, shall be killed within C o m miss ion ers to grant addition- al stalls to those needing more than one. lb., § 6. Com missioners to grant certificate to h o 1 d e r s of stalls. lb., § 7. Fresh meats to be sold in market or green grocer- ies. Jan. 14, i8qo. lb., S 8. Grown cattle not to be killed in City. 192 MARKET. the limits of the City ; and sheep, swine, calves and goats intended for sale, shall not be killed in any part of the City, except in such place or places as the Commissioners of the Market, or a majority of them, may appoint, lb., § 9- Sec. 486. It shall not be lawful to or for any Meats, how to butchcr, or other person, to bring, or cause or be brought to -, , . , . . City. suiter to l^e brought, any kmd 01 meat mto the city on any Sunday afternoon before 6 o'clock, from the first day of April to the last day of September; or before 5 o'clock from the first day of October to the last day of March ; or to shut up any sheep, swine, calves or goats, one or more, in any open pen attached to the public market, in the city, from Sat- urday night until Monday morning, under a penalty of ten dollars for each and every such offence, or imprisonment not exceeding ten days. July 12, 1825, §4- Sec. 487. No butcher or other person shall use. Butchers to or causc Of suffcr to be used, for the purpose of keep covered . .... . . carts, and to mark carrymg any kmd 01 tresh meat, either to or irom them with num- , , ^ , . ber of their stall, the market, or through any part 01 the city, any wagon, cart, wheelbarrow, or other carriage, unless the same be enclosed with a permanent cover, made of such materials as shall be approved by a majority of the Commissioners of the Market, and unless the number of the stall of the butcher, or other person to whom the same shall belong, shall be painted on some conspicuous part thereof. And any person herein in anywise offending shall be subject to a fine of ten dollars, or imprisonment not exceeding ten days. May 6, 1807, §io. Sec. 488. No butclicr, or any other person Carts and wag- bringing meat or provisions of any kind for sale to ons regulated. , . , . , . in. 1 • 1 the market within the city, shall keep his or her wagon, cart, or other carriage, horse or mule, one or more, nearer the said market, or for a longer space of time, or shall range them, in any other manner and form than as shall or may be regulated by the MARKET. -j^QO Commissioners thereof, and directed by the Clerk of the same, under a penalty not exceeding ten dollars for each and every such offence, or imprisonment not exceeding ten days. Sec. 489. Every person to whom the Commis- ib., §11. sioners of the Market shall, or may assign, or cause Price of stand to be assigned by the Clerk thereof, a stand for the selling of \'egetables, or other provisions at the said market, shall pay to the Clerk fifty cents in advance, which payment shall entitle such person to the use of such stand for one week, and no longer; and which payment, in advance, shall be continued every w^eek, while such person jjrings or sends vegetables or other provisions to the said market for sale ; but any transient person, who brings only occasionally vegetables or other provisions to market, shall pay ten cents per day for the use of a stand. And every person coming to the said market with vegetables or other provisions for sale, and failing or neglecting to make such payment in advance, or per day, as the case may be, shall be expelled therefrom, and shall not be permitted to sell, or offer for sale, any article or articles whatever, within the limits, or in any part of the said market, until such payment is duly made, on pain of having every article, which he or she shall bring to the said market for sale, seized by the Clerk thereof. Provided, however. That the of^tirMarto'aT Commissioners of the Market shall be authorized, mrJs'kfn ' .^'^Colm- with the permission of the City Council, to alter the "'; to alter the i -' rates irom time foregoing rates, from time to time, and every person t" time, resorting to the public market in the City, for the purpose of selling \egetables or other provisions, shall occupy no other stand or place at the same, than the one assigned to him or her b}^ the Commissioners or Clerk thereof, under a penalty of five dollars for each and every such offence, and for each and every day, or part of a day, on which such offence is committed. 13 194 MARKET. lb., g 14. Fish Market. lb., § 15. Sale of fish. Aug. 8, 1899. Sale of fish on streets. May 6, 1807. Market days. Market hours. Penalty for selling after mar- ket hours. Auij. 14, 1843. Sale of articles on Sunday pro- hibited. Sec. 490. Fresh fish shall not be sold at the fish market, or in any part of the city, otherwise than under such regulations with regard to strings or weight as may, from time to time, be established by the Commissioners of the Market. Any person violating this Section, upon conviction, shall be fined not less than five dollars, or be imprisoned not less than five days. Sec. 491. All fishermen shall be allowed to cry their fish about the streets of the city, if they have paid their monthly dues to the market, and have re- ceived from the Clerk or Assistant Clerk a printed badge, which shall not be transferable, and which shall, at all times, be exposed to sight. Any person violating this Section, upon conviction, shall be fined not less than five dollars, or be imprisoned not less than five days. Sec. 492. Every day in the week (Sunday ex- cepted) shall be, and hereby is appointed a public market day within this city, and the public market shall be held at such place or places as the City Council shall, from time to time, determine and establish, and while such determination and estab- lishment shall be and remain of force. But no per- son or persons shall sell, or offer for sale, any spe- cies of meat or of vegetables, or any other provisions at the public market, before sunrise in the morning- Cat which time the market bell shall be rung), nor longer than 1 1 o'clock in the forenoon. And any and every person selling, or offering for sale, at the public market, any of the foregoing articles after the hours above limited respectively, shall, for each and every such offence, be subject to a fine not exceeding ten, nor less than five dollars, or imprisonment not less than five days. Sec. 493. It shall not be lawful to sell in the public market, or in any other part of the city, on Sundav, anv articles whatsoever of fresh or salt MARKET. 195 meats, fish, poultry, vegetables, fruits, grain, hay, blades or provisions, and every person shall, for each and every such offence, be subject to a fine of not penaity. less than twenty dollars, or imprisonment not ex- ceeding twenty days. Sec. 494. From the first Saturday in June to Saie of meats the first Saturday in October, the sale of meats in the market shall close at 1 1 o'clock A. M., on every Saturday, after which hour the said meats shall be removed from the market, not to be again brought back, and at 5 o'clock P. M. the market shall again be opened for the sale of fresh meats, and so continue until the close of the market, and every person who shall attempt to sell, or offer for sale, at the market on any Saturday, between the months aforesaid, any article or articles of meats, of any description what- soever, between the hours hereinbefore specified, or shall, after the hour of 5 o'clock P. M., bring into the market, or offer for sale therein, any meats which had been previously offered for sale in the market, such articles shall be liable to be seized and forfeited. Penalty, by the order of any three Commissioners of the Mar- ket ; and each person herein offending shall, more- over, be liable to a penalty of twenty dollars, or im- prisonment not exceeding ten days. Sec. 495. No person or persons shall bring into May 6, 1807. the city for sale, or offer for sale, or sell any dis- Saie of un- •' f,. . . . wholesome provis- eased cattle or animals, or sell, or offer for sale in ions forbidden. the public market, or in any part of the city, any un- wholesome or stale articles of provisions, or any poor carrion, blown, puffed up or unsound meat, or Penalty, measly pork, under a penalty not exceeding fifty dollars, or imprisonment not exceeding thirty days, for each and every such offence. And the Commis- Commissioners to destroy such sioners of the Market, and any two of them, are provisions. hereby authorized and required, on receiving infor- mation, or upon their own view of any diseased cattle, meat, or other article of provision, of a bad 196 MARKET. Penalty for op- posing Commis- sioners. No steelyards to be used. or exceptionable quality, as aforesaid, to examine the same, and, according to their discretion, to cause the same to be taken away and burnt, or otherwise destroyed. And if any person shall twice offend in the premises, or shall oppose or molest or abuse any Commissioner of the Market, or any Clerk thereof, in the execution of his duty, every such person shall be expelled from the market, by order of the Com- missioners thereof, or any three of them. For the purpose of this Section, the person in possession of diseased cattle, or unwholesome articles of provis- ions, shall he deemed the owner thereof, and be subject to the penalties of this Section. Sec. 496. The Commissioners of the Market shall be, and they are hereby authorized and required to regulate the commissions to be charged for selling meat or provisions of any kind in the public market of the City. And every person charging or taking higher commissions than such as are allowed by the Commissioners, shall forfeit and pay the sum of six dollars for each and every such offence. Sec. 497. No steelyards shall be used in the public market (this, however, not to apph^ to the patent spring scales with dial indicator, which may be used, with the consent of the Commissioners of the Market), but all flesh, grain and other provis- ions of every kind sold by weight or measure, shall be respectively weighed by scales or weights, or measured by measures duly regulated, and stamped by the Clerk of Weights and Measures; and if any person shall be guilty of selling by steelyards, or shall be guilty of using any unfair trick or de- ception in weighing or measuring, or shall be guilty of selling by scales unjustly balanced, or by false measurement, nr shall be guilty of making use of scales and weights and measures after they, or any or either thereof have been declared by the Clerk of the Market as unfit for use, or shall be MARKET. 197 I'^alse weights forfeited. Clerk to decide on short weights. guilty of selling by scales and weights or by meas- ures not stamped as aforesaid, every such person shall for each and every offence be subject to a fine of not less than twenty dollars or imprisonment not exceeding twenty days ; and all false or unstamped weights and measures shall, moreover, be forfeited to any person discovering the same, or to the Clerk of the Market ; and every person being guilty of any such offence twice in one year shall be expelled from the public market of the City, in the manner specified in the four hundred and ninety-fifth section of this Ordinance. And wdienever any person having made a purchase in the market conceives to have been un- justly dealt with in regard to weight and measure, and shall before quitting the market, bring to the Clerk thereof the article or articles suspected of be- ing too light in weight or too short in measure, it shall be the duty of the said Clerk to weigh or meas- ure the same in the public scales or measures, as the case may require, and to decide whether and how- far the former weight or measure was deficient. Sec. 498. Every person carrying on the trade of a butcher in the market shall have at each and , Butchers t o keep their own every stall hired by him or her, his or her own scales scales, and weights, and be responsible for the same -.Pro- vided, Jwzccz'cr, that when two butchers occupy a double stall one scale may be used by both butchers jointly, who shall be jointly and severally liable in the event the scale or weights be defective or con- trary to Ordinance. And if any meat is weighed on any other scales than those belonging to the butcher who sells the same, he or she shall be sub ject to a fine of two dollars for each and every such offence, or imprisonment not exceeding two days. Sec. 499. No butcher or other person shall sell J""e ^q. 'Sm. § 6 or offer for sale in the market any meat or other wHt'e''a^pron°s''^^'^ article salable at market, unless the said person be cleanly clad ; every butcher shall have on and wear March 1879. 198 MARKET. Penalty. May 6, 1807, § 28. Aug. 26, 1831, §1. June 15, 1897. Council to elect Commissioners of the Market. Powers of Com- missioners. Meetings. Officers to be elected. To make regu- lations. Restrictions. a clean apron, made of white linen or cotton stuff, or of osnaburg. And every butcher who shall neg- lect so to do shall be subject to a fine of ten dollars for every offence, to be recovered in the Recorder's Court for the use of the market. Sec. 500. City Council shall, on the 2d day of January. 1905, and every fourth year thereafter, elect a Board of Commissioners for the market, con- sisting of thirteen members, who shall serve until their successors are elected. Sec. 501. The Commissioners of the Market shall be authorized and empowered to perform all such functions and to exercise all such powers in the public market, or in any other part of the City, as are in them or any of them vested by this Ordinance, according to the tenor, true intent and meaning of the same. They shall hold a Board on or before the seventh day of every month, at the upper room in the brick building of the Market, and otherwise meet as often as may be necessary. They, or a ma- jority of them, are also authorized and empowered to elect annually a Clerk, who shall be Chief Clerk of the Market ; one Assistant Clerk — and a Clerk of Weights and Measures, who shall be a person having a practical knowledge of the properties of lever and balance, and be charged with the regulations of weights and measures, under the direction of the Commissioners of the Market ; and, further, to make such regulations and arrangements respecting the internal management and other concerns of the market, as to them may seem suitable and expedient : Provided, hoivcvcr. That in all elections they shall conform to all Ordinances of the City relative to the election and appointment of officers : And, provided, also. That none of their rules and regulations shall be repugnant to any of the provisions herein con- tained, or shall, if not herein contemplated, become binding and of force, unless approved by Council. MARKET. 199 Sec. 502. The Commissioners of the Market shall submit their accounts to the Cit}^ Treasurer and for the inspection of Council quarterly, that is to say, on the 20th day of November, 20th day of February, 20th day of May and 20th day of August in every year. All collections must be paid over to the City Treasurer by the Chief Clerk, acting as their treasurer, not later than Tuesday morning of each week, taking a receipt therefor in a book pro- vided for that purpose, exhibiting such receipt im- mediately after payment to the Chairman of the Board. Sec. 503. No contract respecting the market in- volving an expenditure of more than one hundred dollars shall be entered into by the Commissioners of the Market without the sanction of the City Council first obtained. Sec. 504. The Commissioners of the Market are hereby empowered to make, from time to time, any further rules, regulations, and arrangements respect- ing the sale of fish, flesh, poultry, vegetables, or any other article or thing brought to market and offered for sale, as to them shall appear fit and proper, and expedient for the good regulation of the market ; and the said rules, regulations, and arrangements, when approved by Council, shall have the same force, operation and effect, as if they had been made and directed by Ordinance. Sec. 505. It shall be the duty of every Clerk of the Market to enforce obedience to all the rules and regulations of such market; to inspect all cattle yards, and cattle brought for sale or offered for sale or sold in the City; to inspect daily all meats, fish and fowl exposed for sale in said market and prevent all poor carrion, blown or puffed up or un- sound meat, or measly pork, or other unwholesome or stale article of provision, from being sold or ex- posed for sale at such market and destrov the same ; July 9, 1901. C o m m issioners to account auar- terly. Balances to be paid City Treasu- rer. Jan. i8, 1876, §2. C o ni m issioners not to make con- tracts over $100. June 20, 1814, §2. Empowered to make rules for sale of articles. July 9, 1901. Duties of the Clerk. 200 MARKET. to decide all differences and disputes between buyer and seller touching the weight or measure of things bought and sold at such market by weighing the same in the public scales or measuring the same with the public measures, as the case may recjuire ; to maintain order and regularity at such market con- cerning the occupation of stalls, shambles or stands and the arrangement of wagons, carts or other carriages thereto resorting; to cause such market to be cleanly swept every day after the market hours are over, and all dirt, filth or other like stuff to be removed from thence ; to give immediate information to the Commissioners of such market, or to some of them, of all irregularities and offences there committed ; to prosecute before the City Court all offenders against this chapter or any part or article thereof if such offenders refuse or neglect to pay him their respective fines on demand; to collect all moneys arising from inspection of meat through- out the City, the rent of stalls, shambles and stands, or from fines, forfeitures or other market revenues ; to keep fair and regular accounts of all the moneys coming in his hands as aforesaid, and to pay over the same to the City Treasurer, and generally to pur- sue the instructions and to execute the orders of the said Commissioners, or any of them, in and about all matters relative to his office or to the market, and the Chief Clerk of the Market is hereby given the same powers and is charged with the same duties with reference to all green grocers and all other places where meat, fish and fowl are sold or exposed for sale, as he is hereby given and charged with respect to the market, and for this purpose shall make personally, or by the assistant clerks, daily inspections of said green groceries, cattle yards or places where cattle are kept and all such other places and shall make reports of such inspections to the Commissioners of the Market at their regular MARKET. 201 meetings, which reports shah sh(3\v the places in- spected and the day and hour of such inspection. Sec. 506. The Commissioners of the Market are hereby authorized and directed to collect for the use of the market from all green grocers and all other persons selling meat, fish and fowl at places other than the market, a tax for the inspection of such articles, which tax shall be payable in advance by all persons so engaged in such business, on the first day of January of each year, the amount of which inspection tax shall be regulated by the Board of Market Commissioners, provided, that the said tax shall in no case be less than the rent of a stall in the market and that the person so paying such tax shall have the privilege, if he desires, of occupy- ing a stall in the market. Provided, further, that such inspection tax shall be in addition to any charge made by the City of Charleston for license to engage in such business. Sec. 507. Every Clerk of the Market hereafter to be elected, shall give bond in the sum of tw^o thousand dollars, with two or more sureties, to be ap- proved of by the Commissioners of the Market, for the diligent and faithful performance of the duties of his ofiice. both by himself and by his deputy or deputies. Sec. 508. Every Clerk of the Market shall be, and is hereby vested with all the powers and author- ities of a policeman ; and shall, before he enters on the duties of his ofifice, take oath, or affirm, in man- ner and form following, that is to say : "I, A B, do solemnly swear (or affirm) that I will oath of office, well and truly serve in the office of Clerk of the Market, and faithfully execute all the duties belong- ing to the same, wathout fear, favor, prejudice or partiality, according to the best of my skill and abil- ities, and agreeably to law. So help me, God." Sec. 509. No Clerk of the Market shall hereaf- Ib., S 31- Clerks to give bond with sure- ties. lb., Clerks vested with the power of policemen. 202 MARKET. lb., § 33- Clerk when to employ deputy. Nov. 17, 1817, §2. Clerks not to keep books for persons selling in the market. July 12, 1825, §3. Office hours of Clerk. Feb. 7, 1842, §2. .\ssistant Clerks to attend market in the afternoon. June 20, 1814, §1. Penalty for ob- structing the Clerks. ter employ a deputy or deputies, without the previous approbation of the Commissioners of the Market, nor longer than during such approbation. And ev- ery deputy shall, before he enters upon the duties of his employment, take oath, or affirm, to the same effect as above required from the Clerks of the Mar- ket; and every such deputy shall thereupon have power and authority to assist the Clerk under whom he acts, in the execution of his office, or in the ab- sence of such Clerk to officiate for him and in his stead ; but every Clerk shall always be responsible for the conduct of his deputy or deputies. Sec. 510. Neither the Clerk or Assistant Clerk of the Market shall be permitted, within the market hours, to keep the books, or collect the moneys due any butcher or butchers, or other person or persons, on account of the sale of meat, poultry, grain, or vegetables, which have been vended in the market, under the pain of forfeiting his place for said of- fence. Sec. 511. The Clerk of the Market, and the .Assistant Clerk shall be subject to the duties of their offices at all hours of day, from sunrise to sunset. Sec. 512. It shall be the duty of the Assistant Clerk of the Market to attend the market daily, in the afternoon, within such hours as the Commission- ers shall regulate; and to collect the dues from the fishermen on all fish that may be landed at such time; and they shall also attend to the cleaning of the market, and have charge of the hands who are employed by the Commissioners of the Market. Sec. 513. If any person shall molest or obstruct the Clerk or Assistant Clerk of the Market in the performance of his or their duty, the person so of- fending shall be subject to a fine of ten dollars ; to be applied to the use of the market, or imprisonment not less than ten days. Sec. 514. If any person or persons shall assault. MARKET. 203 Penalty. or Strike, or in any manner or way oppose, molest, juiy 12, 1825, §6. abuse, maltreat, or obstruct a butcher or butchers, Unlawful to or other persons regularly authorized to sell and struct a butcher, dispose of beef or other meat, fish, vegetables, or other provisions in the market, so as to interrupt him in the pursuit of his business ; or shall seize, take and carry by force, or injure or destroy the beef or other meat, fish, vegetables, or other provisions of the butcher or butchers, or other person or persons in the said market, or otherwise deprive them, or any of them, of the same, without authority from the Commissioners or the Clerk of the Market; shall disturb or interrupt the said butcher or butchers or other person or persons in the use and occupation of the stall or stalls, stand or stands, or other place or places rented, assigned, or allowed to them, or* any of them, he, she. or they, so offending shall sep- arately for each offense be subject to a fine not ex- ceeding twenty dollars, or imprisonment not ex- ceeding ten days. Sec. 515. Should such person or persons, so as above offending, be a butcher or butchers, or other- wise authorized to sell or dispose of beef or other meat, fish, vegetables, or other provisions in the said market, he, she, or they, in addition to the pen- alties above declared, shall, at the discretion of the said Commissioners, or a majority of them, forfeit and be deprived of his, her, or their stall or stalls, stand, or stands, or other place or places, rented, assigned, or otherwise allowed to them in the said market, and be utterly expelled therefrom for a time not exceeding twelve months. And should such person or persons so expelled presume to sell or expe^ued'^shaii °at^ dispose of any articles whatever in the said market ^^'"p* *° ^^"• without the consent thereto of the Commissioners being first had, he, she or they shall be subject to such penalties as are directed by this chapter, and the rules and regulations of the market against per- Ib., §7. Penalty a butcher. if by 204 MARKET. May 6, 1807, §34. July 9, 1901. Kecovery and disposition o f fines. Oct. 19, 183s, §4. Police to at- tend in market. Aug. 2, i8s9, §2. No butcher-pen to be erected south o f Line Street. Penalty for so doing. June 23, 1857, §3. C o m m issioners of Market author- ized to establish a market for sale of cattle, &c. lb., §4. Oct. 27, 1885. Duty of Clerk of Weights and Measures as pub- lic weigher. sons selling' therein without the certificate of the Commissioners. Sec. 516. All fines for offences and for any of- fence against this chapter, or any part or article thereof, shall be sued for and recovered, with costs, in any Court of competent jurisdiction, unless paid on demand, as aforesaid, and all such fines as are not expressly herein reserved for and declared to be payable to the use of the city -.Provided, however, that one-half of every fine when recovered shall be- long to such person as shall prosecute the offender to effect and prove the offence by other testimony than his own. Sec. 517. For the preservation of order and quiet in the public market, a detachment of the police ' shall be detailed to attend in said market, under the direction of the Commissioners or their Clerks, whenever they are open at night. Sec. 518. No new butcher-pen, or slaughter- house shall be established or used within the limits of the City, below or south of Line Street, under a penalty of one hundred dollars, for each and every day that such butcher-pen or slaughter-house shall be used for the purpose of slaughtering cattle, hogs, sheep or calves. Sec. 519. The Commissioners of the Market are hereby authorized to make the necessary provisions for the establishment of a public market place for the sale of such neat cattle, calves, hogs, sheep and goats as may be driven to it, and to make rules and regulations for the proper management of the same ; and to establish at the said market place a suitable scale for the weighing in gross of all cattle, sheep, calves, hogs, and goats, that may be sold at or within said public market place. Sec. 520. It shall be the duty of the Clerk of W^eights and Measures to make an entry in the proper record book of all stock sold at the public MARKET. market place, entering the names of buyer and seller, the gross weight of cattle and other stock, the prices paid and to give a certificate of the same to both parties if desired. On each Saturday of the week the Clerk of Weights and Measures shall give to the Chief Clerk of the Market a report of the stock sold and prices paid during the week ; which report shall be published in the daily papers. The Clerk of Weights and Measures, at any of the public scales, may weigh sheep, calves, goats and swine, when desired by buyer and seller, and report the same to the Chief Clerk of the Market on each Saturday morning of the week. Sec. 521. That subject to the limitations here- Nov. 8, 1897- inafter expressed in this section any person who 205 May 23, 1882. hires or may hereafter hire a stall in the Public oreen^" Grocers." "^ Market of the City of Charleston, or any person not hiring a stall in the market, upon paying to the City Treasurer the sum of one hundred dollars and producing the receipt of the Clerk of the Market showing that the rent of the stall occu- pied by him or her has been paid for one year in advance, or any person not occupying a stall in the market who shall produce the receipt of the Clerk of the Market showing that the inspection tax for meat and provisions has been paid for one year in advance, shall be authorized and empowered for and during the year in which such payment is made to sell at any point within the City of Charleston anything that is allowed to be sold in said market; Provided, hozvever, that the number of said licenses shall not at any time exceed thirty-six, and that all of said licenses shall expire on the thirty-first day of December of the year in which it is issued, as do all other licenses. Applications for said licenses un- der this section shall be made to the Board of Market Commissioners on or before the third Wednesday in December in each year, on which day an election 206 MARKET. for green grocers for the ensuing year shall be held ; notice of said meeting and election shall be given by advertisement not less than three times, in one or more of the daily papers published in the City of Charleston, the first notice to appear two weeks in advance of the day of said meeting, and the last notice on the day of the meeting, and elections to be held thereafter from time to time to fill vacancies in the said number of thirty-six as the Board of Market Commissioners may deem expedient. The names of the persons so elected and the locations of their places of business, certified to by the chair- man and the Clerk of the Board of Market Commis- sioners, shall be presented to City Council at their next meeting after the said election for confirmation — and upon this confirmation and the payments as herein provided, the licenses shall be issued to the persons so elected ; and further pro- vided, that all such persons now holding licenses and all persons to whom licenses may hereafter be issued and their places of business shall be subject to the Ordinances of the City, relating to the gov- ernment of such persons selling in the market, and the meats and goods sold by them, and to the rules and regulations of the Commissioners of the Mar- ket and subject to such other regulations as the City Council or the Board of Health may from time to time prescribe. And if any person or persons who shall have taken out a license under this section shall sell or offer for sale any meat or meats which are prohibited by the Ordinances of the City of Charleston or by the rules and regulations of the Commissioners of the Market, he, she, or they shall for each offence be subject to a fine not exceeding fifty dollars or be imprisoned for not more than ten days and the license issued shall be forfeited. And if any person or persons other than those who may be authorized under this section shall sell, offer or CLERK OF WEIGHTS AND MEASURES. 207 expose for sale fresh meats of any character or description in the City of Charleston, at any place outside of the public market of the said City, he, she, or they shall for each offence be subject to a fine of one hundred dollars or be imprisoned not more than thirty days. CHAPTER XII. INSPECTIONS -WEIGHTS AND MEASURES, &c. CLERK OF WEIGHTS AND MEASURES COAL FIRE WOOD CORN AND OATS BREAD GUAGERS OF LIQUOR TIMBER AND LUMBER. Clerk of Weights and Measures. Sec. 522. The Clerk of Weights and Measures elected by the Commissioners of the Market shall receive such salary as may be fixed by the said Com- missioners ; which salary shall be payable monthly. Sec. 523. The said Clerk of Weights and Meas- ures shall have his office opened every day (Sun- days and holidays excepted,) from sunrise to sunset, for the purpose of weighing all articles offered for weight. Sec. 524. For all such articles weighed, the Clerk of Weights and Measures shall furnish a cer- tificate of w^eight, over his ow^i signature, not printed. The fees prescribed by the Commissioners of the Market shall be collected by the said Clerk and paid over regularly each week to the Commissioners of the Market. Sec. 525. The Commissioners of the Market shall have power to make such-rules and regulations for the government of said Clerk of Weights and Apl. 15, 1873, §1. Oct. 2, 188s. C o m m issioners of Market to fix salary. Apl. IS, 1873, §2. When office to be opened. ib., § 3. To furnish cer- tificate of weight. lb., § 4. C o m m issioners o f Market t o make rules and regulations. 208 WEIGHTS AND MEASURES. Measures as are not inconsistent with the Ordinances of the City, and shall have the power of discontinu- ing or leasing out the public scales. Weights and Measures. Nov. 20, 1839, §1. Standard meas- ures of extension. lb., § 2. Weights to be adjusted by the troy weight. Contents of a pound, ounce, &c. Troy weiglits used by banking institutions the proper standard for adjusting av- oirdupois weights. lb.. § 3- The cubic inch the standard for the adjustment of all measures of capacity. Sec. 526. The inch, the foot, and the yard meas- ures, which have been heretofore always used in this State, be, and they are hereby, declared standard measures of extension, and are to be used as such for all mechanical, commercial, or mathematical purposes, for which they shall or may be required. Sec. 527. The troy weight grain be, and the same is hereby, a unit standard for weight, from and by which the standard avoirdupois pound and ounce weights are to be adjusted; the pound avoirdupois weight used for commercial purposes in this City, shall contain (7,000) seven thousand grains troy, which are equal to fourteen ounces eleven penny weights and sixteen grains troy; the ounce avoirdu- pois weight, used for the same purposes, shall con- tain (437^) four hundred and thirty-seven and a half grains troy, which are equal to eighteen penny weights and five and a half grains troy. And the troy weights, used by the banking institutions now, or that may hereafter be established in this City, be, and are hereby declared the proper standard for ad- justing avoirdupois weights, by comparison and in the proportion and manner above mentioned. Sec. 528. The cubic inch, which has been always hitherto used in this State, be, and the same is hereby, declared a unit standard for the adjustment of all measures of capacity. And whereas, by an Act of the Legislature, passed on the twelfth day of April, seventeen hundred and sixty-eight, the bushel, half bushel, peck, and half peck, according to the London standard, were established as lawful meas- ures : It is. therefore, hereby declared, that agreeably WF.TGT-ITS AND I\rEASURp:S. 209 to the said standard for dry measures, a bushel con- Dry measure- tains (2,150 4-10) two thousand one hundred and Tus^hei, °peck! fifty and four-tenths cubic inches ; a half bushel con- ''"'"^'' *""*' tains (1,075 2-10) one thousand and seventy-five and two-tenths cubic inches; a peck contains 1537 6-10) five hundred 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 declared that the wine measure gallon used for commercial purposes in _con'tents"'^or'^a this City, ought to contain (231) two hundred and ^^"°"' 'i"'"'*' ^*''- thirty-one cubic inches; the quart (57^) 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 gill (7 2-10) seven and two-tenths cubic inches. Sec. 529. All weights used in this City for com- ib., § 4. mercial purposes, except for weighing gold or silver, weights, i^ shall be regulated by the avoirdupois standard. All '^'"c'rain'^' fo' be grain and other commodities, and articles sold iii measure.'' ^ '' ^ ^' this City by dry measure, shall be sold agreeably to the standard measures for dry measures hereinbe- fore expressed and described ; and wines, spirituous >^ii Hguijs to be liquors and all liquids sold in this City, shall be measure!'^ '"^'"^ measured agreeably to the standard of wine meas- ures hereinbefore mentioned. Sec. 530. The quarter peck shall be, and is i^-- § s- hereby, authorized and established as a measure to Quarter peck to 1 ■ , 1 r ■ 1 11 1 ^■ "^ "^^" ^^ ^ meas- be used m the sale of gram, and all other commodi- ure. ties and articles sold by dry measure, and shall be of half the contents or capacit)^ of the half peck herein- before mentioned and declared. Sec. 531. The standard measures of extension, j^, ^ g weight and capacity, hereinbefore mentioned and of what materi- ■\A als weights, &c., shall be made. 21 Q WEIGHTS AND MEASURES. '' 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, brass, or composition metal; and all yard measures used in this City for commercial purposes, shall be stamped at both ends, in the manner hereinafter described. lb-' § 7- Sec. 532. The Commissioners of the Market Commissioners ghall have uudcr their g-overnment, examination of the Market to . . have under their and coutrol, all mcasurcs of extension, all avoir- charge all meas- ures, &c. dupois weights, scales, beams and balances, and pat- ent scales, used for commercial purposes within the City; and all measures of capacity used in the City for measuring grain, and other articles sold by dry measure, and for measuring wine, spirituous liq- uors, and all liquids sold by wine measure; which shall be regulated and adjusted under their direc- tion agreeably to the standards hereinbefore men- to^es°taWi^hTn o'f-' tioucd. The Commissioners of the Market shall ?"ecUo'n^ *o"f establish an office for the inspection, adjustment and weights,, &c. regulation of weights and measures, scales and bal- ances, at the Market, or such other convenient place as shall be appointed by them, and approved by the Council. The name of the said offce, that is to say, "Inspection of Weights and Measures," shall be fixed 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, by their rules and regulations, shall appoint. The standard measures of extension, dry measures, wine, or liquid meas- ures, also the brass weights of the avoirdupois stan- dard, belonging to the City, shall be deposited in the said office, which shall be furnished with the balances, scales, stamps, and every other apparatus required for the due adjustment and regulation of weights, measures, scales and balances. The Com- missioners shall, from time to time, as may be found expedient, cause the said standard measures and weights to be examined, adjusted and regulated WEIGHTS AND MEASURES. 211 agreeably to the standard hereinbefore declared and c o m m issioners expressed. The Clerk of Weights and Measures weights and meas- elected by the Commissioners of the Market shall be the officer to enforce and execute, with or under the direction of the Commissioners of the Market, the provisions of this chapter, and all resolutions of Council relative to the weights and measures. The Commissioners of the Market shall, with the approbation of Council, fix the fees that shall be ^^"" required by the Clerk above mentioned, for regulat- ing, stamping and adjusting weights, measures, scales, beams and balances. All the fees of this office shall belong to the City, and shall be paid over weekly to the Commissioners of the Market. Sec. 533. All yard-sticks, or other measures of ^^■' ^ ^- extension, used for commercial purposes in this rneTsufe^s*^to belJ^ City, all liquid measures, dry measures, and all spected and ex- -' ' i ' -^ _ ' amined every scales, beams, balances and weights, used for the three months. same purposes (including such scales, beams, bal- ances 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, whenever it may be deemed proper by the Commissioners of the Market, or by said Clerk of Weights and Measures, agreeably to their rules and regulations, and, if required, accompanied by one or more of the City police, as may be found ne- cessary ; and all scales, beams, balances, and weights, used at the public scale-houses on the wharves of the City, shall be inspected, examined, and regulated by the said Commissioners, or by their Clerk, as above expressed, at least once in every three months, and also whenever it may be required by resolution of Council. Sec. 534. No measure shall be used in the City ^^" ^ ^' . for commercial purposes, and for measuring any be^°sed'for"meal°- liquids sold by wine measure, that is not of the Tiquids^'not of ^the standard capacity hereinbefore declared. Every anTst'ampeT""'"^ 212 WEIGHTS AND MEASURES. Penalty. lb., § 10. No dry measure to be used, except of the standard capacity, and to be stamped. lb., S II. No yard-stick, &c., to be used not of the stan- dard length and stamped. 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. Ev- ery person who shall use any such measure for com- mercial purposes, either not of the standard capacity or not stamped as aforesaid, or who being a retailer or vendor of any liquor sold by wine measure, either not of the standard capacity or not stamped, shall, for each and every such offence, be subject to a pen- alty not exceeding fifty dollars, or imprisonment not exceeding thirty days. Sec. 535. No dry measure shall be used for commercial purposes, and for measuring grain, sale and other commodities and articles sold in the City by dry measure, that is not of the legal standard capacity; 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. Every person who shall use any such dry measure for commercial purposes, either not of the standard capacity or not stamped as aforesaid, or who being a retailor or vendor of any article or commodity usually offered for sale by dry measure, shall have in his or her j)ossession any such measure either not of the standard capacity or not stamped as aforesaid, shall, for each and ev- ery such measure found deficient or not stamped, and for every such offence be liable to a penalty not exceeding fifty dollars or imprisonment not exceed- ing thirty days. Sec. 536. No yard-stick, or other measure of extension, shall be used in this City, for commercial purposes, that is not of standard length, and stamped at both ends with the stamp used at the office of the said Inspection of Weights and Meas- ures ; and every person who shall use any such measure either not of the standard length, or not stamped as aforesaid, or who, being a retailer or WEIGHTS AND MEASURES. 213 vendor of goods, wares and merchandise usually sold by measurement, shall have in his or her pos- session any yard-stick or other measure of exten- sion either not of the standard length or not stamped as aforesaid shall for each and every such measure found deficient or not stamped, and for every such offence, be subject to a penalty not ex- ceeding fifty 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 place of business, at least one yard-stick of the standard length, and stamped on Every person both ends ; and each and every person alluded to ylrd'^&crto\eep , • 1 . ■ f • j_ 1 J J.' 1 at least one yard- herem neglectmg or refusmg to keep a yard-stick stick of the stan- in his or her possession, as hereby required, shall '^"^ lengti. for each and every day during such neglect or re- fusal be subject to a penalty of fifty dollars. No mode or measurement, other than by yard-stick, or other detached measure of extension of the stan- dard length, and stamped as aforesaid, shall be used for commercial purposes by any shop or store-keeper or other person or persons selling goods, wares and merchandise, by measurement, under the penalty of i-cnaity. fifty dollars or imprisonment in jail not exceeding thirty days. Sec. 537. No weight or weights shall be used in "' " ^ '"• the City for commercial purposes, that are not agree- bt/Tised''i^ot'^agrce° able to the avoirdupois standard hereinbefore de- l^^^^J° ^'\^tamra"d clared. and made of iron or brass, or composition ^""^ stamped. metal, and stamped on the metal used for filling up and supplying any deficiency which may be found on 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 weight, or patent scales or balances, can not be stamped, a cer- tificate of its accuracy shall be given by the said 214 WEIGHTS AND MEASURES. lb., S 13. Clerk of Weights and Measures, which certificate shall be produced at all inspections of weights and measures. And every person who shall use, for commercial purposes, any weight or weights, not agreeable to the said standard, or not stamped or certified as aforesaid, shall, for each and every weight found deficient or not stamped as aforesaid, forfeit a sum not exceeding fifty dollars. And every person being a retailer or vendor of goods, wares and merchandise usually offered for sale by weight, who shall have in his or her possesion, at his or her store, shop, or place of business, any weight or Penalty for us-wcights uot agrccablc to the said avoirdupois stan- t h% ^ standard dard, and not stamped or certified as aforesaid, shall '^^'^'^' for each and every such weight, and for every such offence, be subject to a penalty not exceeding fifty dollars or imprisonment not exceeding thirty days. Sec. 538. It shall be the duty of the Commis- sioners of the Market, or the said Clerk, and of the City officers that may accompany them, at all in- spections of weights and measures, or either of them, to seize, take away, and declare forfeited every dry measure and liquid measure, or any weight or weights, or any patent scales or balances, found by them to be contrary to the said standard, or not stamped, or not conformable in every respect, to the provisions of this chapter; and every measure, though stamped as aforesaid, that shall be found dented or flattened, or so defaced as to alter its ca- pacity, and not capable of giving true measure, shall be deemed and considered as deficient, and there- for forfeited ; and the person or persons who used the same shall be liable to the penalty and forfeiture provided in this chapter ; and all yard or other meas- ures of extension, found as aforesaid, at any inspec- tion of weights and measures, to be deficient, shall be destroyed. And every such measure of exten- sion, though stamped as aforesaid, that shall be Weights and measures deficient, &c., may be seiz- ed. WEIGHTS AND MEASURES. 215 lb., § 14. rounded or cut after stamping, 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 penalty and forfeiture before mentioned in this chapter. Sec. 539. Whenever any weight or weights shall be brought to the said ofiice of inspection, to be ex- weights brought o i ' to the office for amined and adjusted, the said Clerk, agreeably to adjustment, &c., -' _ _ ' o J ]f yioj capable, the rules and regulations of their Board, shall deter- shaii be forfeited. mine as to the practicability of the adjustment re- quired ; and should the weight or weights be found so defective as to be incapable of adjustment in the manner prescribed by the said rules and regulations, the same shall be deemed and considered as for- feited, 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 agree- weights no t <^ ' i. ' o agreeable to the able to the standard, but capable of adjustment, the standard but ca- ^ -' _ pable of adjust- said Clerk shall cause the same to be adjusted, and rnent, to be ad- •^ justedand the stamp of the office shall be put on the metal used stamped. for filling up and supplying the deficiency ; the said weight or weights shall then be delivered to the person who shall have presented them for examina- tion, on payment being made of the fees required at the office, and of all charges and expenses in- curred ; and the person aforesaid shall be subject to no penalty. Whenever any measure of extension seml^'fo^exa^m^ or capacity shall be presented at the office of Inspec- tion of Weights and Measures, to be examined and stamped, the said Clerk shall compare the same with the other standard, and should the measure be correct, the same shall be stamped. But should hefow 'Thl ^°sl2i the measure be found below the standard the same '^^'^ *° '"^ forfeit- ea. shall be considered as a false measure and therefore forfeited, and shall be retained at the said office. — ' ^ '^" Sec. 540. Before any person shall undertake to puwfc^'wharf °o" scales to nation to be stamped if correct. weigh, and to transact the business of a weigher, [ake'"oath 216 WEIGHTS AND MEASURES. Form of oath. Upon any wharf, or at any other place within the City where there are pubhc scales, he shall take the following oath or affirmation, before one of the Commissioners of the Market, to wit : "I, A B, do solemnly swear (or affirm) that while the public scales, at the wharf or other place, at present 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 betW'Cen buyer and seller, in the weighing of produce, and any other commodity, upon the said wharf or place, while the saine shall be under my care and manage- ment. So help me, God." The Commissioner or Commissioners before whom such oath or affirmation shall be taken, shall thereupon give such person a certificate thereof. Every person who shall weigh at any wharf or place where there are public scales, without having pre- viously taken the oath or affirmation required as aforesaid, shall forfeit and pay to the use of the City the sum of fifty dollars ■.Provided, That noth- ing herein contained shall extend, or be construed to extend to oblige any person who has already been sworn to the effect and for the purpose aforesaid, to take again such oath or affirmation. Sec. 541. Every false and fraudulent scale, forfdted^'^^^ ^"^ beam, balance or patent scales used within the City, for commercial purposes, or any scale, beam, bal- ance or patent scales, rendered false and fraudulent by the addition of any substance whatever, which shall be used within the City for commercial pur- poses, or be found in possession of any retailer or vendor 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 the said Clerk, or by the city officers who may Penalty for weighing at any wharf, &c., with- out having taken the oath. False scales and beams liable WF.IGTITS AND MEASURES. 217 accompany them in the inspection of weights and Penalty for using. measures ; and every person who shall use for com- mercial purposes, such false or fraudulent scale, beam, balance, or patent scales, or any scale, beam, balance, or patent scales, rendered false or fraudu- lent by the addition of any substance whatever, shall for each and every such offence, be subject to a penalty of not less than fifty dollars, nor more than one hundred dollars or imprisonment not exceed- ing thirty days. Every person being a retailer or vendor of any article or commodity in whose . I'enaity for hav- -^ , . , '"g false scales. possession, at his or her store, shop, or place of bus- iness, any such false or fraudulent scale, beam, balance or patent scales, shall be found, or any scale, beam, balance, or patent scales rendered false or fraudulent by the addition of any substance thereto, shall, for each and every such offence, \be subject to a penalty not less than fifty dollars, nor more than one hundred dollars or imprisonment not exceeding thirty days. Provided, that no per- son shall be liable to a penalty who shall request the examination of a set of scales, beams, balances, or patent scales, by the Clerk of Weights and Meas- ures, and which shall prove incorrect and false, but the same shall be forfeited and retained at the office. Sec. 542. Hay and other kinds of fodder shall ^'^^ ^ '"• not be sold in the City, unless the same be weighed ^-^\l beloM^^un- at some public scale within the City; and if any per- ptfbu^scik^. ^^ son having hay or other fodder for sale, shall neglect to have the same weighed as aforesaid, he shall be subject to a penalty not exceeding one hundred dol- lars, or imprisonment not exceeding thirty days. And not less than one pound, or more than five pounds each time, (at the discretion of the sworn weigher), shall be deducted for each and every the "^ weight "o'f , 111 11- hoops in bales. hoop, and each and every sta\-e or plank, m every bale or package of hay or fodder. Sec. 543. The officers and members of the 218 WEIGHTS AND MEASURES. in ordinance Penalty for posing sioners. op- Conimis- Poiice to assist poHcc forcc of the City are hereby declared the proper officers to aid and assist the Commissioners of the Market and said Clerk in the execution of their duty in the enforcement of this chapter. 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 police shall neglect to obey the order of the said Board, when extended to him by the said Clerk, he shall be considered as having neglected his duty, and his conduct shall be reported to Council, and he shall be liable to a fine not exceeding fifty dollars, to be imposed by Coun- cil and deducted from his salary. If any person shall abuse, oppose, obstruct, or otherwise molest the said Commissioners of the Market, their said Clerk, the city police, or either or any of them, in or on account of the execution of their duty, in the enforcement of this chapter, each and every such person shall, for every offence be subject to a fine not exceeding one hundred dollars, or imprisonment in jail not exceeding thirty days. Sec. 544. All fines, forfeitures, and penalties for offences, against this chapter, or any part or arti- cle 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 Corporation Counsel, be sued in the name of the City Council of Charles- ton, against all persons offending therein, to be re- covered in any court of competent jurisdiction. The said fines, forfeitures and penalties, and every part thereof, when recovered, shall be received by order 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 Coun- cil, to be accounted for by the said Commissioners of the Market in their periodical reports to the City Treasurer. lb., Fines and i)en- alties, how to be recovered and ap- plied. WEIGHTS AND MEASURES. 219 Sec. 545. Every person being the owner or keeper of a retail shop, or store, where meat, grain, fruit, or other articles are exposed or offered for 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 measures of the standard hereinbefore declared, or a stamped or certified patent scale. If weights, the set to consist of a four-pound, two-pound, one- pound, half-pound, quarter-pound, two ounces, one- ounce, and half-ounce weight of the avoirdupois standard. The set of liquor measures to consist of a gallon, half-gallon, quart, pint, half pint and gill. The set of dry measures to consist of a half-bushel, peck, half-peck, quarter-peck, quart and pint. Ev- ery such person being the owner or keeper of such a retail shop or store, who shall, or may refuse or neglect to present and deliver any of the said scales, weights or measures, to the Commissioners of the Market, or the said Clerk, or the City police, who may accompany them thereto, demanded by either of them on their visits of inspection of weights and measures, as hereinbefore directed, shall for each and every such offence, be subject to a fine not ex- ceeding one hundred dollars or imprisonment not exceeding thirty days. Sec. 546. That all liquid measures, dry meas- ures, and measures of extension, and all weights which weigh the actual weight they purport to meas- ure, shall be carried to the ofiice of the Clerk of Weights and Measures to be inspected and stamped. That all scales, beams, balances, and patent scales, shall be examined and stamped by the Clerk of Weights and Measures upon the premises where the same are to be used, and shall not be used until the same are inspected and stamped, or certified to in case they cannot be stamped, which inspection shall be by weighing on such scales, beams, balances, or Every owner or keeper of a retail grocery shop to keep set of weights and meas- ures. Penalty for re- fusing inspection of weights. Measures and weights to be car- ried to Clerk's of- fice. Balances and scales to be stamp- ed on premises where used. 220 COAL. patent scales, the standard weights as hereinbefore ordained. Coal. Jan. 29, 1878. All coals to be sold by weight. To be weighed by sworn weigh- ers. Carter to have certificate. Penalty. Penalty for cart having less coal than stated in cer- tificate. PurclKiscr t o have the right to have coal weighed on public scale. Sec. 547. That all coals, excepting charcoal, sold for consumption within the limits of this City, shall be by weight. That 2,240 pounds shall be the standard weight of a ton. That all coals sold from yards or other places, shall be weighed by sworn weighers, commissioned and sworn in the usual manner. Sec. 548. That each carter shall have a certifi- cate with every load of coal, stating the name of the purchaser, name of seller, license of cart, name of weigher, gross, tare and net weight of coal. Any carter found without such certificate will subject the seller, unless some good cause be shown for such neglect, to a fine of five (5) dollars for the first of- fence, or imprisonment not exceeding five days in jail, and ten (10) dollars for each subsequent of- fence. Sec. 549. That any cart found having less coal than the quantity stated in the certificate, and suffi- cient proof having been given of the intention on the part of the weigher to defraud the purchaser, the seller of the coal shall be subject to a fine of fi\'e (5) dollars for the first offence, or imprison- ment not exceeding five days in jail and ten (10) dollars for each subsequent offence, and the weigher shall have his license revoked. Sec. 550. That the purchaser of coal shall have the right to demand that his coal be weighed on a public balance, and that failure on the part of the seller to do so when demanded by the purchaser, shall subject him to a fine of ten ( 10) dollars for the first ofTence. or imprisonment not exceeding ten days, and twenty (20) dollars for each subsequent offence. FIRE WOOD. 221 Sec. ssi. That any person or persons found sell- Penalty for seii- "^ ^ -^ ^ 111 • 1 '"S coal other ing coal, charcoal excepted other than by weight, than by weight, shall be subject to a fine of twenty (20) dollars for the first offence or imprisonment not exceeding ten days, and thirty (30) dollars for each subse- quent offence. Sec. 552. That all scales used at the different yards and other places for the weighing of coal, shall be tested by the Clerk of Weights and Meas- ures of the City Market at least once in every three months, the customary fees to be charged for the same. Fire-Wood. Scales tested. to be Fire-wood to be measvired and corded. Sec. 553. Each stick of firewood which shall Aug. 22, iSio. §7- hereafter be landed for sale in Charleston, shall measure at least four feet in length, including half the scarf; and all such fire-wood shall be closely and fairly corded up where it is landed (and before being offered for sale,) each cord to be eight feet in length, four feet in breadth, and four feet in height, and each half or quarter cord in proportion ; the same to be measured and ascertained by an inspector and measurer of timber and lumber, each of whom shall also be 1 measurer of fire-wood. And if any wood other than refuse or billet wood, shall be offered or sold contrary to the true intent and meaning of this sub-division, the said wood or price thereof shall be forfeited and applied to the use of the informer, and recovered in any court of compe- tent jurisdiction. Sec. 554. No crooked wood shall be stowed in or corded up with other fire- wood ; but all such crooked or other wood, deficient in length as above described, may be corded and sold separately, as refuse or billet wood; the judgment of any licensed measurer to be conclusive as to the quality of all wood offered for sale; and if anv refuse or billet lb., S 8. Crooked wood not to be corded. 222 CORN AND OATS Penalty for re- fvising to per- form duties. No factor, et al, to be measurer. Fees. wood be intermixed with merchantable fire-wood composing said cord or cords of wood, the whole of the wood so offered for sale, shall be forfeited to the use of the informer. Sec. 555. If any measurer of fire-wood shall refuse or neglect to perform any of the duties at- tached to his office, when called on to do so between sunrising and sunsetting, he shall, on conviction be subject to a fine not exceeding twenty dollars, or imprisonment not exceeding ten days. And if either of the officers aforesaid should be guilty of collusion or malpractice to deceive in the quantity, he shall, on conviction, forfeit his ofiice for the unexpired term thereof. Sec. 556. No factor or seller of fire-wood, nor any person holding an appointment or office of profit under this State or the United States, shall be eligi- ble to hold at the same time the position of a meas- urer of fire-wood. Sec. 557. The fee for the measurement of fire- wood shall be six and a quarter cents for each cord measured. Corn and Oats. May 7, 1861. Corn to be weight. Penalty. and oats sold by Sec. 558. All corn and oats sold within the lim- its of the City shall be sold, whether at wholesale or retail, by weight, at the rate of fifty-six pounds per bushel for corn, and at the rate of thirty-two pounds per bushel for oats, respectively. ^53- 559- Any person who shall sell corn or oats otherwise than by weight, as herein provided, shall be subject to a fine of not less than one hundred dollars, nor more than five hundred dollars, or im- prisonment not exceeding thirty days for each and every offence, to be recovered in any court of com- petent jurisdiction ; one-half to the use of the in- former and the other half to the use of the City. BREAD. Bread. 223 Sec. 560. Wheaten, household, and all other Aug. ^, 1858, § 2. bread, shall be sold by bakers and dealers in bread, Bread to be soui by weight (avoirdupois,) and the scales used for ^ ^^^ign. weighing bread shall be under the inspection of the Commissioners of the Market, and subject to the same rules as all other scales used for weighing. Sec. 561. Every baker and dealer in bread, who ib., § 3. violates the provisions herein contained, shall forfeit Penalty, and pay a fine of not less than ten dollars, nor more than twenty dollars, for each and every offence, to be recovered in any court of competent jurisdiction ; one-half to the use of the informer, and the remainder to the use of the City. Timber and Lumber. Sec. 562. There shall be elected annually on the Jan. 10, 1899- 2d Tuesday in January, three or more Inspectors and Election of in- ■'•''' -' ' J- _ specters. Surveyors of Timber, who, before entering upon the duties of their office, shall severally execute a bond to the said City Council, in the penalty of two thousand dollars, with good sureties, for the faith- fuj performance of the duties of his or their office ; and ^shall also take and subscribe to the following oath, to wit: "I, A B, solemnly swear (or affirm, as the case oath. may be,) that I will faithfully perform all the duties of Inspector and Surveyor of Timber in the City of Charleston, as prescribed by the Act of the General Assembly providing for the same. So help me, God." And said bond shall be recorded in the office of Bond to be ra- the Secretary of State, and shall be liable to suit at the instance of the State of South Carolina, or 224 TfMT.F.R AND T^UMRER. Inspector not to be interested in sales. Timber to be sold by board measure. Penalty. Duty of Inspec- tors to measure and give certifi- cates. Seller and buy- er to select meas- urer. of individuals suffering loss by the violation of the provisions of this sub-division. And no Inspector shall be interested, either directly or indirectly, in the sale or purchase of any timber or lumber, nor shall he act as clerk or agent for anyone so interested on penalty of forfeiting his commission as Inspector. Sec. 563. No timber shall be sold or purchased in the City of Charleston by any mode of measure- ment except that denominated board or superficial measurement (unless by special contract between the parties) which shall alone be done by the Inspectors or Surveyors of Timber in the City of Charleston, and any person or persons who shall buy or sell ranging timber in the markets of Charleston by the rule known as "side and edge measurement," that is to say, by adding the side to the edge, multiplying by the length, and dividing by twelve (side-edge x length— twelve) shall be fined for every such act of buying or selling not less than one hundred dollars and not more than three hundred dollars or impris- onment not exceeding thirty days. Sec. 564. It shall be the duty of the said Sur- veyors and Inspectors to measure all timber in the manner aforesaid, brought for sale to the City of Charleston, at the request of any person owning or buying the same, and shall give a certificate to such person, specifying the quality and kind and quantity of such timber, and the number of pieces in each lot; which certificate shall be evidence of the matters stated therein, as between the owner and purchaser thereof. But nothing herein contained shall pre- vent any person or persons from buying or selling timber in bulk without measurement. Sec. 565. All lumber and timber brought to market for sale at the port of Charleston, shall be measured and inspected by one of the licensed Meas- urers, selected by the seller and buyer jointly ; and the Measurer so selected shall be entitled individually BUILDINGS. 225 to the fee earned by him ; and the manner of inspec- Manner of in- tion and classification of both timber and lumber shall be such as may be agreed upon between the buyer and seller. Should the buyer and seller fail to agree in the selection of a Measurer, then the measurement and inspection, and classification, may be made by any official Measurer. Sec. 566. The fees to be received by the meas- I'ees. urer shall not exceed the following rates, viz. : Ten (10) cents per thousand feet for all square, hewn or round timber; ten (10) cents per thousand feet for all lumber measured by bulk measurement in rafts ; and twenty-five (25) cents per thousand feet for all lumber measured and inspected by the piece — the expense of measuring fees to be equally divided be- tween the buyer and seller. Any one violating any Penalty, of the provisions aforesaid, shall be subject to a fine of not more than one hundred dollars, nor less than fifty dollars for each offence, or imprisonment not exceeding ten days. CHAPTER XIII. BUILDINGS— CHIMNEYS— CHIMNEY CONTRACTORS. Wooden build- ings not to be erected in certain portions of the City. Sec. S67. It shall not be lawful to build, erect, May 8, 1838, §1. -^ ' . , 1 -1 1- r -^^^P- '• '^70, §1. or construct any wooden or frame building 01 any Feb. 8, 1887. description within such portions of the City of Charleston as are hereinafter described, to wit: "All lots abutting on the east and west sides of Meeting and King Streets from Queen Street to Calhoun Street, and all rear lots the entrances to which are on said parts of Meeting and King Streets ; all lots abutting on the east and west sides of East Bay Street from Stoll's Alley to Society Street, and all rear lots the entrances to which are on said parts of East Bay Street, and all that territorv Iving to the 15 ■ ' ' 226 BUILDINGS. March 24, 1883. All buildings to be numbered. Numbers to be assigned by City Assessor. Odd numbers on west and soutli, even num- bers on north and east. Metallic to be used. plates east of East Bay Street from Stoll's Alley to Society Street, excepting such made marsh, mud or water lots as may be located north of Market Street and east of East Bay Street; all lots on the north and south sides of Broad Street from East Bay Street to King Street, and all rear lots the entrances to which are on said parts of Broad Street -.Provided, That no tenement building shall be erected on any lot in the City of Charleston without the consent of the City Council of Charleston : Provided, further. That every wooden building to be erected on any of the lots or territory south of Calhoun Street, ex- empted from the operation of the Ordinances of the City of Charleston and Acts of the General As- sembly preventing the erection of wooden buildings, shall not be less than two stories in height ; and that all the inner walls of said building, including all par- titions and ceilings, shall be lathed and plastered : And provided, further, That said building shall be covered with slate, tiles, or some other materials not combustible. Sec. 568. All buildings now erected or to be erected on the streets, alleys, lanes and courts of this City, shall be numl>ere(l by the City Assessor, in compliance with the requirements of this sub-di- vision. Sec. 569. On all streets, alleys, lanes and courts, numbers shall be assigned to each lot by the City As- sessor, and such numbers shall be assigiied whether the lot fronting on said streets, alleys, lanes or courts, are built upon or not. The odd numbers shall be placed upon the buildings erected on the west and south sides, and the even numbers shall be placed upon the buildings erected on the north and east sides of said streets, alleys, lanes and courts. Sec. 570. All numbers hereafter put upon any buildings except stores, manufactories, and other BUILDINGS. 227 business houses, shall be painted or stamped on metallic plates of a size not less than four (4) inches size. by two and one-half (23^2) mchQS •,Provided, That the owner or occupant of any building may place piacr^omamTma^ thereon a more ornamental or more costly number, ^^^^^^' but said number shall not be of less conspicuous character than is above provided for. Sec. 571. Half numbers may be placed upon the Half numbers, , . . , . where to be plac- entrance posts or over the stairways m any business ed. building or tenement house, the occupancy of which is separate and distinct from its ground floor. Sec. S7-2. It shall be the further duty of the City Errors or ir- -'' - _ ... regularities to be Assessor when an error or irregularity exists in the corrected, numbering of houses, or when they are without num- bers in any streets, alleys, lanes or courts in the City of Charleston, to have the same corrected or numbered without unnecessary delay, as soon as the facts are brought to his notice. Sec. S7S- That the City Assessor, on being in- Assessor to give ^/vJ J ' o^ owner correct formed of the exact, present, or intended location, number, shall designate to the owner or occupant of any building now erected, in process of construction, or hereafter to be erected, the correct numbering of such building. Sec. S74- Any person who shall take down, al- Penalty for de- yJ/ ^ J r J stroying, or re- ter, deface, destroy or conceal any number assigned moving numbers, to, or placed upon any building, or who shall place or substitute, or permit to be placed or substituted, an erroneous or improper number to be retained upon any building, shall be fined therefor, upon con- viction, in any sum not exceeding ten dollars, or imprisonment not exceeding thirty days. Sec. t;7S- Any building framed of wood, or May 8, 1838, §2. , . ^'^ , , '=' ., ^ , , .,' May 10, 1898. having more wood on the outside of the building than that required for door and window frames, ings defined, doors, shutters, sashes, porticos and piazzas, shall be deemed a wooden building, and subject to the penalties hereinafter prescribed; and the roof of 228 BUILDINGS. Sept. 6, 1870. May 10, 1898. Penalty for erecting wooden buildings. May 8, 1838, § 4- May 10, 1898. Penalty upon persons employed in the construc- tion. Buildings a 1 • ready erected to be roofed as new buildings. Aug. 19, 1844, §2. Size of parti- tion walls of tene- ment buildings. 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 hereinafter prescribed for the erection of wooden buildings. Sec. 576. Any person or persons who shall erect any buildings contrary to the provisions of this sub- division, on any of the lots or territory described in Section 567, upon proof to conviction, shall be fined in the sum of not less than three hundred, nor more than six hundred dollars ; the said penalty to be recovered in any court of competent jurisdiction. Sec. 577. That every person who shall be em- ployed in the building or construction of any build- ing contrary to the provisions of this subdivision, shall, on conviction thereof before any court ol competent jurisdiction, forfeit and pay to the City the sum of five dollars for every day he may be so employed. ^'ec. 578. That 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 sub-di- vision, shall be subject to the same penalties as though the said building had been newly erected or constructed. Sec. 579. The partition wall and walls between all separate tenement buildings, shall be constructed of brick or stone, and shall be not less than twelve inches thick, from the foundation throughout the building; and every such wall and walls shall pro- ject fourteen inches above the roof of each separate tenement, with a stone cap; every building shall be deemed and considered a tenement building within the meaning of this sub-division, which shall contain more than two rooms in front on each floor, BUILDINGS. 229 or which shall be built with a passage or arched way y^hat deemed between distinct parts of the same building, or which jngg""^"* ''"''''" building shall be intended for the separate accom- modation of different families or occupants. Sec. 580. It shall not be lawful to build, erect, jan. n, 1845, §2- or construct within the City of Charleston, the outer Regulations for walls of any brick or stone building of less thickness o''/ the°"wanf 'o" or with other materials than are hereinafter ex- bulwingr ^*°"^ pressed; that is to say, the outer wall and walls of any building, of the height of two stories, shall be of brick or stone, and not less than fourteen inches thick in the first story, and not less than nine inches thick in the second story; the outer wall and walls of any building of the height of three stories, shall be of brick or stone, and not less than fourteen inches thick in the first story, not less than fourteen inches thick in the second story, and nine inches thick in the third story; the outer wall and walls of any building of the height of four or more stories, shall be of brick or stone, and not less than fourteen inches thick in the first story, fourteen inches thick in the second and third stories, and not less than nine inches thick in the fourth story. Sec. 581. If any person or persons, body or bodies corporate or politic, shall build or construct, lb., s 3- or cause to be built or constructed, within the lim- erectrrfg 'bliidirfgs its of the City, the outer wall or walls of any brick provisions o°f this^ or stone building, or any part thereof, less in thick- ^"•'-^i^isio"- ness or different materials than are expressed and specified in this sub-division, such person or per- sons, bodies corporate or politic, shall, on convic- tion, forfeit and pay to the use of the City a sum not exceeding one thousand dollars, nor less than five hundred dollars, and shall also pay a further sum of twenty dollars for every week during ^^•hich any such outer wall or walls shall remain erected, con- trary to the provisions of this sub-division ; and in case the said wall or walls shall not be pulled down 230 BUILDINGS. lb.. § 4- Persons employ- ed in erecting buildings subject to penalties. lb., § 5. Police to give information. Penalties. May 14, 1895. Lintels of build- ings not to be of wood. and removed, or otherwise made conformable to the provisions of this sub-division, within three months after such conviction, the person or persons, body or bodies corporate or pohtic, so offending, shall, in addition to the said penalty of twenty dollars per week, be subject to a further penalty of one hun- dred dollars for his or their neglect, at the expiration of every three months from the date of such convic- tion, until the said outer or partition wall or walls shall be pulled down and removed, or otherwise made conformable to the provisions of this sub-di- vision. Sec. 582. Every person who shall be employed in the building or construction of any outer wall or walls of any building, contrary to the foregoing provisions, shall, on conviction, forfeit and pay to the use of the City the sum of five dollars for every day he may l>e so employed. Sec. 583. It shall be the duty of the police to give immediate information, by report in writing, to the City Council, of all offences committed against this sub-division ; and all penalties incur- red for violation of any of the provisions of this sub- division, shall be recovered by the City Council, in any Court of competent jurisdiction ; one-half thereof for the use of the City, and the other half for the use of the person who shall inform against and prosecute the party offending to conviction. Sec. 584. It shall not be lawful for any person to build, erect or put up any lintel extending across the front of any house, store or building within the limits of the City of Charleston, of wood or other combustible material, but any such lintel so reach- ing or extending across the front of any such house, store or building shall be of stone, metal or other incombustible material. And it is further ordained that all (brick and wooden) buildings hereafter erected in the City of Charleston shall have fire BUILDINGS. 231 stops of incombustible material at each floor from the bottom of the floor joist to three inches above the top of the same; said fire stops at each floor shall fill the spaces full between the studding and furring entirely around the external walls of the building and through the interior wherever the floor joists have a bearing. In dwelling houses above the first floor, smoke stops of wood may be placed, said smoke stops to be the full depth of studding and not less than two inches thick. An incombustible fire stop shall be put around all verti- cal piping at each floor. All ventilation ducts or pipes shall be of incombustible material. Any per- son violating this section, or any oj either of the provisions thereof, shall upon conviction pay a fine not exceeding one hundred dollars or be im- Penalty, prisoned for a period not exceeding thirty days, and in addition thereto a fine of five dollars for each and every day that such violation of this section gr any provision thereof shall remain after notice to rem- edy the same. Sec. 585. It shall be made the duty of the occu- ^f\'t:^l^t^' pant of every store or building where trap-doors or xrap-doors i^ other openings are daily used for hoisting or lo\v- |d°every°evenfng! ering goods, or for any other purpose, to cause the same to be closed and fastened every evening be- fore leaving the premises. And every person so engaged, failing to comply with the foregoing pro- p^"'*'*>'- visions, shall forfeit and pay a fine of not less than one hundred dollars, to be recovered in any court of competent jurisdiction; one-half to the use of the informer, and the remainder to the use of the City : Provided, That nothing herein contained shall af- P'"o^'so. feet any place where permanent and substantial rail- ings or wood-work enclose the openings mentioned. Sec. 586. That before the erection, construction, •^^"' '°' '^ ^' or alteration of any building" or part of a building inJs^"to°be''"ub- in the City of Charleston is commenced, the owner, ^^^\^^J '" ^'^^ ^^" 232 CHIMNF.YS. Permits to erect or alter buildings only is- sued to licensed workmen. Provisoes. Penalty. architect or builder, shall notify the City Assessor of the City, and shall submit to him a statement in writing of the specifications and plans for such erec- tion, construction, or alteration or otherwise, and a record of said statement shall be kept in the office of said City Assessor; and any person or persons failing to comply with any requirements of this sec- tion shall be subject to a penalty of twenty dollars, and to an additional fine of ten dollars for every day that such violation shall continue. Sec. 587. No owner, architect or builder shall be allowed to erect, construct or alter any building without the written permission of the City Asses- sor, which said written permission shall be given by him to such persons only as are regularly licensed by the city to do and perform such work : . Provided, No license shall be required from individuals, firms, or corporations doing their own construction or re- pair work, or engaged in any business requiring the employment of mechanics in the natural course of conducting such business, for which business the said individuals, firms or corporations have already taken out a proper license. Any person, firm and in the case of corporations, any officer or officers thereof, found guilty of violat- ing this ordinance, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days. Chiiiiiirv-';. Chimneys o wooden houses. Jan. 19, 1858, §1. Sec. 588. It shall not be lawful to build or con- f struct, or cause to be built or constructed, any chim- ney in any frame or wooden building within the City unless such chimney shall be commenced from the foundation of the said frame or wooden build- ing, and be constructed of brick or stone. Sec. 589. It shall not be lawful to build or con- CHIMNEYS. 233 Struct, or cause to be built or constructed, any chim- May ,4, ,895. ney to any building, whether the said building be of chimneys t^ wood, brick or stone, unless the said chimney shall ^bove roof" ^^^^ rest at least two feet above the ridge or highest part of the roof of the building out of which it projects, and be constructed of brick or stone and commenced from the foundation of such building. No wood- work shall be secured to the brickwork of any flue or chimney. Fireplaces shall be closed in with an ciJsed"in"and* no iron bar. and no wood shall be used in the construe- "'""'' ^" ^^ "'"'''■ tion of any chimney, fireplace or hearth. Stoves shall be placed upon bases of some incombustible material ; their bodies shall be at least twenty inches and smoke pipe at least eighteen inches from any unprotected woodwork. Woodwork within said distances shall be protected by metal covering, and if within less than one-third of said distances shall have a double metal covering, with ventilating space between. No chimney, smokestack or other struc- ture for the escape of smoke or heat shall be erected, maintained or used in such condition as to be a nuisance or as to endanger adjacent or surround- ing property. Sec. 590. It shall not be lawful to build or con- Jan. 19, 1858, §3. struct, or cause to be built or constructed, any Hearths, hearth in any building whatever, unless the said hearth shall rest upon an arch of brick or stone. Sec. 591. Any person offending against any of ''^-naity. the foregoing provisions shall be subject to a penalty of one hundred dollars for each offence, or imprisonment not exceeding thirty days, and also an additional penalty of twenty dollars for each week that said offence shall remain and continue contrary to the provisions of the three preceding sections. Sec. 592. If any chimney in the city shall take '^^^- ['^ '^^^^ fire and blaze out at the top the contractor in whose — r~r~r. i _ Penalty if chim- district the chimney may be located shall be subject "^y shaii take fire. 234 CHIMNEYS. May 10, 1898. Fire-masters to enforce certain sections. May 10, 1898. Chief of Fire Department t o grant permit to erect chimneys, etc. Chief of Fire Department to in- spect. to a fine at the discretion of the Court, not exceed- ing ten dollars, on judgment to that effect being rendered against him in the Police Court : Pro- vided, That the said contractor may clear himself by proof that the said chimney has been swept by him within a month, or that he, the said contractor, has offered to sweep the same within the said pe- riod, has notified the owner and occupant, and has not been permitted to do so; or. Provided, further, that the said fiame has been caused by inflam- mable material having been placed in the chimney by some person or persons, in which cases the per- son or persons so refusing to allow the said chimney to be swept or so placing the inflammable material in said chimney shall be subject to a fine not ex- ceeding ten dollars, or imprisonment, at the discre- tion of the Court, not exceeding thirty days, for each and every offence. That the enforcement of the laws re- lating to "buildings and chimneys" contained in Sections 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587 and 588 of the General Or- dinances so far as they come within the scope of the fire department, in any part of the City of Charleston, be and the same is hereby placed in the hands of the board of firemasters. Sec. 593. It shall be the duty of every owner, contractor, builder or workman contemplating the doing of any work on chimneys, smoke flues or heating apparatus to first notify the chief of the fire department of the nature and location of such work and obtain a permit from him before commencing the same, and the said chief of the fire department shall straightway give a permit in writing, if the work contemplated is proposed to be done in com- pliance with law, but not otherwise. Sec. 594. It shall be duty of every owner, con- tractor or builder to give written notice to the chief CHIMNEYS. 235 Chief to fur- nish a certificate. Roof to have trap door. of the fire department whenever new chimneys, smoke flues or heating apparatus are being erected by such owner, contractor or builder, and before such work has been covered with plastering, laths or other covering, whereupon the said chief of the fire department shall have said work inspected, and within forty-eight hours after such written notice has been given him. And the said chief of the fire department shall immediately after such inspection has been had furnish the owner, contractor or builder so notify- ing him with a certificate to the effect that such work has been done in compliance with the law : Provided, however. That he shall refuse to give such certificate upon finding that the said work has been done contrary to law. Sec. 595. Every owner, contractor or builder who shall hereafter erect any building within the limits of the City of Charleston shall cause the same to be constructed with an opening of not less than 2x3 feet in size, with trap door near the ridge of the roof, and also a scuttle hole of similar size in the upper ceiling, and directly under the said open- ing the roof of such building. Sec. c:g6. The chief of the fire department is chief to fur- 1- -11 ■ r 1 "'^'^ copies of hereby dn-ected and required to keep copies 01 the building laws, building laws at his ofiice at all times and to give the same free of charge to all owners, contractors or builders making application for them. Sec. SQ7- It shall be the duty of every chim- Contractor to ^^' 1 1 • 1 '1 -1 report dangerous ney contractor, and he is hereby required, to chimneys. report to the chief of the fire department any and all chimneys found by him to be defective or dan- gerous. Sec. 598. Any person or persons violating any Penalty, of the foregoing sections shall upon conviction be subject to a fine of one hundred dollars, or to im- prisonment not exceeding thirty days, for each and every offence. 236 CHIMNEY CONTRACTORS. Nov. 12, 1895. Scaffolding sidewalks. Penalty. Sec. 599. That all persons who shall undertake the erection or improvement of buildings within the city limits necessitating the use of scaffolding on the sidewalks shall be required to maintain a clear passage on the sidewalk and to erect such a platform or scaffolding over the sidewalk as will protect pedestrians from any danger from falling material during the course of construction. Sec. 600. That anyone violating the above pro- visions shall be subject to a fine not exceeding ten dollars for every day the ordinance is violated after being notified, or imprisonment not exceeding ten davs. either or both, in the discretion of the court. Chimney Contractors. Dec. ID, 1883. Chimney tractors. Bond. Sec. 601. There -shall be annually elected by City Council at the first regular meeting in January six contractors for sweeping chimneys, to-wit : One for Wards One and Two, one for Wards Three and Four, one for Ward Five and Six, one for Wards Seven and Eight, one for Wards Nine and Ten, and one for Wards Eleven and Twelve. Each of said contractors shall give bond to the City Council in the penal sum of one thousand dollars, with two good sureties, conditioned for the faithful perform- ance of their duty. Sec. 602. All and every person occupying a building with a chimney or chimneys thereto, in which a fire is usually made, shall allow and permit the said contractor or contractors to visit, inspect, and cause to be swept, the said chimney or chim- neys, once in every month, and he, she, or they, pay fee^"^"^"^* *° P^^ for such swccpiug, the fees hereinafter prescribed. And in case any person shall oppose or prevent the sweeping of any chimney, as before directed, he, she or they making such opposition, on conviction there- of, before the Recorder, shall be fined in a sum not exceeding fifty dollars. Jan. 16, 1866, §2. Inspection. Penalty for re sistance. CHIMNEY CONTRACTORS. 2Z1 Sec. 603. If the contractor for sweeping shall ib., j; 3. neglect his duty in not causing the said chimney to penalty for neg- be swept perfectly neat and clean, or leaving any '"* °^ ^"'^' chimney w-hich (^ught to be swept, unsw^pt for one month, as hereinafter directed, said contractor, on information before the Recorder of such neglect, shall, on conviction thereof, be fined a sum not ex- ceeding fifty dollars : . Provided, Said contractor was not opposed or prevented from sweeping said chimneys; then (if opposed) the fine may be in- flicted on the occupant or owner of "the house. Sec. 604. Said contractor shall give notice, in ib., *; 4. public print, of the time and hour the chimney or Pubiic notice, chimneys is or are to be swept, which notice shall be given at least two days before, and such sweepings shall take place at a proper and convenient hour; and such contractors shall keep each an office, en- titled a "Sweep's Office." centrally located, w^here '^'^'^^• any person sending for a sweep shall be immediately accommodated with one, or as soon thereafter as possible. Sec. 605. In all cases of neglect of the said con- ib., § 5. tractors, (not herein provided for,) on conviction other penalties, thereof such contractor shall be fined in any sum not exceeding fifty dollars ; and that any sweep-boy sweeping or offering to sweep chimneys in this City, unless licensed by the contractor, shall be fined in a sum not exceeding five dollars. Sec. 606. The following fees shall be allowed ib-- ii 6. for sweeping chimneys, viz : ten cents for each Fees. story, which fees shall be paid by the owner or oc- cupant of the house or rooms before the chimneys therein are swept. Sec. 607. Houses which have chimneys wherein ^^•' ^ ''■ anthracite coal is exclusively burnt, wall be required i^^emptions. to be sw^ept only at the option of the owner or oc- cupant. Sec. 608. Any owner or occupant of any house. 238 BICYCLES— CARRIAGES, CARTS, DRAYS, HORSES, ETC. April 13, 1880. Penalty for re- fusing t o have chimney swept. rooms or room, the chimneys of which are required to be swept, who fail or refuse to have the same swept upon being notified by the chimney contrac- tor, whose duty it is to sweep the same, shall be liable for each ofifence to a fine of not more than two dollars, or to imprisonment not exceeding ten days, upon conviction, and out of which fine the fees for sweeping such chimneys shall be paid. It shall be the duty of the chimney contractors to re- port to and summon before the Court trying the case, all persons in their respective wards, who may violate the provisions of this sub-division. CHAPTER XIV. BICYCLES— CARRIAGES, CARTS, DRAYS, HORSES, ETC. Oct. 12, 1897. Unlawful t o run bicycles on sidewalks. Bicycles to have a bell. To have a lamp at night. Unlawful for three persons to ride abreast. Sec. 609. It shall be unlawful for bicycles to be used or run on any of the sidewalks or in any of the public parks, except Marion square, in the City of Charleston. Sec. 610. Every bicycle shall be provided at all times, when in use, with a bell, which may be dis- tinctly heard at a distance of thirty yards, which shall be rung whenever approaching crossings or turning corners of intersecting streets, lanes and alleys, and also whenever collision is apparently im- minent. Sec. 611. Every bicycle, when in use between sunset and sunrise, shall carry a lighted lamp, which may be distinctly seen at a distance of not less than one hundred yards. Sec. 612. It shall be unlawful for more than three persons to ride abreast, or for any persons to ride a bicycle crosswise or curving to and fro, or to ride a bicycle without having one hand on the CARRIAGES, CARTS, DRAYS. 239 handle bar. or to ride without havino- control of To have con- 1 1 • -1 1 11 • 1 • 1 *''°' °^ wheel. the bicycle, on any street, lane or alley withni the city limits. Sec. 6n. It shall be unlawful for anyone to ride .Unlawful to 1-1 r 1 , 1, r """^^ through a bicycle on any oi the streets, lanes or alleys of streets faster than , . r 1 1 -1 seven miles per the city at a greater rate of speed than seven miles hour. per hour, and it shall be unlawful for anyone to ride a bicycle across the intersection of any street, lane or alley or in turning a corner of any street, lane or alley at a greater rate of speed than four miles per hour. Sec. 614. Any person or persons violating or Penalty, causing to be violated any of the provisions of Sec- tions 609, 610, 611. 612, 613 shall, on conviction, be fined in a sum of not less than one dollar nor more than twenty dollars, or be imprisoned for a term not exceeding five days, either or both, in the discretion of the court. Carriages, Carts, Drays. Sec. 61 =;. Licenses of the tenor and for the pur- ijfp"' ^3. 1889. ^' i Nov. 23, 1897. poses mentioned in this section and its several sub- vehicles to be divisions shall be granted by the city treasurer once licensed, in every year, to-wit : between the 2d and loth days inclusive of January, in each and every year, to such person or persons as may apply therefor as herein- after directed ; and every such license shall be and continue in force for one year from the first day of January and no longer : Provided, nevertheless. That the city treasurer may be authorized to grant such licenses to such persons as may not have applied within said specified days of the said month, who shall notwithstanding pay therefor as though they had obtained licenses for a full and entire year, com- mencing at the period above stated. Sec 616. It shall be the duty of the city treas- Treasurer to , , 111 • 1 1 • furnish metal urer to cause to be made a metal badge, suitably in- badge. 240 CARRIAGES, CARTS, DRAYS. scribed, the design and numerals thereon to be cut in such an effective way as will prevent imitation, to be supplied to all persons, as directed in Sec- tion 615, taking out a license for a vehicle, cart, (including farm carts,) dray, hack or wagon, and it shall be the duty of all persons taking Badge to be af- q^^ ^g^[(\ hccusc to sccurcly affix Said badge to fixed to blind, ■' _ •s etc. the blind of the bridle on the right hand side, or some conspicuous place on the right hand side of the vehicle, and should at any time this license badge be found not so secured and displayed in the place herein designated, the owner thereof shall be liable to a penalty of 20 per cent of the cost of said license as fixed in Section 617 for each and every such neglect. It will not be obliga- tory on the owner of public carriage, coaches or omnibuses to affix the badge as required by this Section — but, in lieu thereof, the drivers of said carriages, coaches or omnibuses shall at all times be prepared to exhibit said badge when demanded by an authorized officer of the city government ; and upon the failure to produce said badge when so de- manded the owner of all such public vehicles shall be liable to a fine of $15 for each and every such Special list of failure. There shall be kept at the treasurer's of- badces issued to '^ _ be^kept by Treas- fice d. spccial Hst of all such Hccnse badges, showing the number of said badge and the name of the person to whom it has been issued ; and no sale, transfer or assignment of any dray, cart or wagon license or badge issued by and purchased from the city treasurer as required by this section shall be lawful or valid, nor shall vest any right thereunder in the purchaser, transferee or assignee thereof un- less such sale, transfer or assignment shall be first reported to the city treasurer and entered on the list, or in the book in which such license or badge is recorded ; and any person having in his possession or using any such license or badge without first hav- urer. CARRIAGES, CARTS, DRAYS. 241 ing the same recorded in his name in the office of the city treasurer shall be subject to a fine of ten dollars or to imprisonment not exceeding thirty days. Sec. 617. For the licenses or badges required by <^ost of badges, this section the following sums shall be paid for the use of the corporation ; that is to say, for ve- hicles, carts used for business purposes, (including farm and phosphate carts,) trucks or wagons, drays, hacks : a. Drawn by one horse, each $10 00 b. Drawn by two horses, each 15 00 c. Coaches, omnibuses, drawn by two horses, each 15 00 d. Buggies and carriages, drawn by one horse, each 10 00 e. Buggies and carriages, drawn by two horses, each 15 00 and every person applying to the city treasurer for a license or badge for letting or driving for hire any of the vehicles described in this section shall take and subscribe before him the following oath, to-wit : I, A. B., do solemnly swear (or affirm, as the oath. case may be) that the omnibus, hack, carriage, cart, dray, truck or wagon for which I have now applied for a license is truly and bona fide my property, or the property of C. D., for whom I apply therefor as agent. So help me God. Sec. 618. Whenever any person to whom a li- to^DTreoorted'^to cense or badge shall have been granted as afore- Treasurer, said shall lose the said metal badge, or the same be in any way destroyed, it shall be the duty of such person to inform the city treasurer of such loss or destruction ; who, upon being satisfied of the truth of such statement, shall, and he is hereby authorized to, grant a certificate to such persons of his having 16 242 AUTOMOBILES. Penalty. Unlawful for vehicle not to have license. Licenses a lien on vehicles. received a metal badge and notified him of the loss or destruction of the same ; and every person neg- lecting to give the information hereby required and immediately replace the said number shall for- feit all right to a license or badge for the said year and all rights and privileges conferred by the pos- session of such license or badge. Sec. 619. Every vehicle upon which a license is required by this section found on the streets with- out such license shall be arrested by the police, and it shall be the duty of the police to arrest all such vehicles, detaining the same until the license, to- gether with the fines and penalties thereon, hereby imposed shall be paid. Sec. 620. The license charge and all fines and penalties imposed by this Ordinance and its several sections are hereby made liens upon the vehicles, carts, used for business purposes, (including farm and phosphate carts,) trucks or wagons, drays and hacks, and shall l>e enforceable in the Police Court, the City Court, or in any other Court of competent jurisdiction. AiitouiohUcs. Feb. 12, 1 90 1. Speed mobiles. of auto- To have gong. Ring gong when approaching cor- ners. Sec. 621. It shall be unlawful for any mobile, automobile, locomobile or any vehicle of a similar character to be used or run on any of the sidewalks or in any of the public parks, except Marion square, in the City of Charleston. Sec. 622. Such vehicles shall be provided at all times, when in use, with a gong or bell, which may be distinctly heard at a distance of thirty yards, which shall be rung whenever approaching cross- ings or turning corners of intersecting streets, lanes and alleys ; also whenever collision is apparently imminent. Sec. 623. Such vehicles, when in use, between CARTS AND DRAYS. 243 sunset and sunrise, shall carry a lighted lamp, which to have a may be distinctly seen at a distance of not less than ^fghf."^ '^""^ ^* one hundred yards. Sec. 624. It shall be unlawful for any person or ^"|fj/"' *° ''""• persons to use or run any such vehicles abreast, or curving to and fro, or without having one or both hands on the guide, or without having thorough control of such vehicle, on any street, lane or alley within the city limits. Sec. 621;. It shall be unlawful for anyone to run speed in dtv not to exceed. any such vehicle on any of the streets, lanes or al- lo miles an hour. leys of the city at a greater rate of speed than ten miles per hour, and it shall be unlawful for anyone to run any such vehicle across the intersection of any street, lane or alley, or to turn a corner of any street, lane or alley at a greater rate of speed than four miles an hour. Sec. 626. Any person or persons violating any Penalty. of the provisions of the above sections shall, on con- viction, be fined in the sum of not less than one dol- lar or more than twenty dollars, or by imprisonment for a term not exceeding five days, either or both, at the option of the court. Carts and Drays. Sec. 627. No carts or drays shall stand or ply Dec. 30, iSqs- for hire in any of the streets, lanes or alleys, but be Carts and drays --' ' •' ' not to ply for divided and placed by the police under the direction hire except at ap- '■ -^ , ^ pointed places. of the Mayor, for the tune being, at such place or places as may be appointed by him. And any driver or conductor of carts, drays, or other carriages, who, after having their stands appointed, shall quit the same, or ply for hire in any other place, unless going to work, or to their respective homes, such driver or conductor of a cart or dray shall be sub- ject to a fine for every such offence of three dol- lars, or imprisonment not exceeding three days in jail. 244 Feb. 5, 1833. Horses and mules not to run at large. Penalty. Oct. Oct. All 13. 12, 1896. 1897- drivers to pass each other on the left hand. How ceed in corners. to pro- turnine CARTS AND DRAYS. Sec. 628. No horse or horses, mule or mules, shall be permitted to run at large or be driven through the streets of the city, without being prop- erly bridled or haltered, and led by some person capable of managing them ; and any owner or per- son having the care and management of any horse or horses, mule or mules, offending herein, shall for every such offence, be subject to a penalty not exceeding five dollars, or imprisonment not exceed- ing five days, and the police, or any other person are hereby authorized to take into his or their pos- session any horse or horses, mules or mules, so run- ning at large or driven through the city, and the same to keep until the owner or owners thereof shall defray the expense of keeping, and shall also pay the fine hereinbefore provided. Sec. 629. All drivers of carts, drays, carriages, omnibuses and all other vehicles moving on wheels, except invalid tricycles or chairs and baby carriages, and all riders of horses, mules, bicycles and similar vehicles shall always drive or ride to the right of the center line of the street and near the footway on their right hand, except while actually leaving a place of departure or arriving at a place of destina- tion, and shall pass each other when goi"g in oppo- site directions, so that each shall have the other on the left. In overtaking a vehicle or ridden animal going in the same direction, or any obstacle on the right hand side of a street, lane or alley, the driver or rider shall pass said overtaken vehicle, ridden animal or obstacle on the left of the vehicle or ani- mal so overtaken or the obstacle to be passed, re- turning to the right hand side of the street, lane or alley as soon as practicable. In turning corners to the left drivers or riders shall keep straight ahead until they have passed the center line of the intersecting street, and then, and not shall they turn to the left. In turning until then, corners to CARTS AND DRAYS. 245 the right, drivers or riders shall turn as near to the curb on their right hand as is practicable. In turn- ing all corners, drivers or riders shall go in single file: Provided, however, That wherever special bi- P'^o^'so. cycle paths are laid down on any of the streets, lanes or alleys in the city, all drivers of carts or similar vehicles with iron-tired wheels shall keep said vehicles off of said bicycle paths, except when crossing street intersections, passing overtaken ve- hicles or going to or from their places of destination or departure. Any person violating this section shall, upon conviction, be subject to a penalty of not less than one dollar, or more than twenty dollars, Penalty. or be imprisoned for a term of not more than five days, either or both, at the option of the court. . Sec. 630. If any person shall run or race any May 5, ises. horse, mare, gelding, or other animal, or start the Racing ani- same for racing, within the City of Charleston, or if its. any owner or keeper of such horse, mare, gelding or other animal, shall permit any act aforesaid to be done within said city, every person so offending on Penalty. conviction thereof, shall, for every such offence, pay a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days. Sec. 631. If any person shall ride, drive or ..nf^a^g"^ driving lead any horse, mare, gelding or other animal or more than one of such animals faster than at the rate of six miles per hour in any street, lane, alley, market place, public landing or common in said city, or if driven any carriage, wagon, dray, or conveyances,"!!"!^ other vehicle drawn by any animal or animals, or shall ride any bicycle in any street, lane, alley, market place, public landing or common in said city faster than at the rate of seven miles per hour, every person so offending, on conviction thereof, shall for every offence pay a fine not exceeding one ^'^"^'ty- hundred dollars or suffer imprisonment not exceed- ing thirty days. CARTS AND DRAYS. Fast drivinK around street cor- ners prohibited. Penalty. P r o h i b i t i on against loose or careless driving. Snapping o f whip and profane language prohib- ited. Sec. 632. If any person shall ride, drive or lead any horse, mare, gelding, or other animal, faster than a walk turning around a corner at the inter- section of any street, lane or alley, with another lane, street or alley, or within any market place, public landing or common in said city ; or if any per- son shall drive, or cause to be driven, any carriage, wagon, dray or other vehicle, drawn by any ani- mals, faster than a walk, or shall ride a bicycle faster than at the rate of three miles an hour while turn- ing around any corner, as aforesaid, in said city, every person so offending on conviction thereof, shall, for every such offence, pay a fine not exceed- ing one hundred dollars, or suffer imprisonment not exceeding thirty days. Sec. 633. If any driver of a dray, wagon, car- riage, or other vehicle, drawn by any horse, mare, gelding, or mule, or by more than one of such ani- mals, shall within the city, permit such dray, wagon, carriage or other vehicle to proceed, being drawn as aforesaid, on any street, lane, alley, market place, public landing or common, without the said driver having fast hold to the reins of such animal or animals, or without being so near that the driver can, in case of necessity, instantly take hold of such reins, every driver so offending shall, on conviction thereof, for every such offence, pay a fine not exceeding one hundred dollars, or suffer imprisonment not exceeding thirty days. Sec. 634. Any hackman, omnibus driver, dray- man or cartman, who shall, while waiting for em- ployment at any stand, or while while waiting for employment or otherwise at any railroad termina- tion, steamboat, or other boat landing, or elsewhere, leave such vehicle except for the purpose of getting the baggage, or other personal property of the per- son employing him, or who shall snap his whip or use indecent or profane language, or be guilty of CARTS AND DRAYS. 247 Penalty. boisterous or loud talking, or hallooing, of any dis- orderly conduct, or vex and annoy travelers or citi- zens, or obstruct any sidewalk, shall be subject to a penalty of ten dollars in every case, or imprison- ment not exceeding five days. Sec. 6^S- No owner, driver or other person. Crossings ^-J ' r ' streets not having the care of any truck, cart, wagon or other obstructed. vehicle, whether used for burden or pleasure, shall stop or place such vehicle at or near the intersection of any street, lane or alley, in the direction of the line of the footing or flagstones, or prevent foot passengers from passing the street, lane or alley, in the direction or the line of the footing or flagstones on the side of such street, lane or alley, under a penalty of not less than three nor more than twenty dollars, or imprisonment not exceeding ten days, and any person who shall have so placed any such vehicle, as aforesaid, and shall not immediately, on the request of any foot passenger, cause the same to be removed, or who shall absent himself so that such request cannot immediately be made and complied with, shall be liable to an additional penalty of not less than two dollars nor more than ten dollars for Penalty. each offence, or imprisonment not exceeding five days. Sec 636. Every driver of any truck, wagon or other vehicle within the city of Charleston shall re- main near to such vehicle while it is unemployed or employed standing in the streets or squares of the city, unless he shall be necessarily absent therefrom in the course of his duty and business, and shall so keep his horse or horses, and a carriage or other vehicle, so that the same shall not obstruct the said streets or squares, or other public passages, in any other manner than is allowed by law or the ordinances of the City Council ; and no driver of any carriage or other vehicle, while waiting for employment, either at any stand which is or may be appointed for such of to be Drivers to re- main near their vehicles while un- Streets not be obstructed. to 248 CARTS AND DRAYS. Penalty. Police to arrest offenders and pre- serve order. Resistance an officer in discharge of duty. t o the his Penalty. N'ehicles to be removed from streets. Loaded carts and drays, etc., not to be driven through K i n K Street. carriages or other vehicles, respectively, or in the public streets or squares of the city, shall snap or flourish his whip ; and any one who shall vio- late either of the provisions of this section shall be liable to a fine of not less than two dollars nor more than twenty dollars, for each offence, or imprison- ment not exceeding ten days. Sec. 637. The Chief of Police, and any mem- ber of the police force, shall have power to arrest and commit any person offending in any of the pro- visions of this sub-division, who refuses or fails to desist from such offence when committed. He and they shall have power to give any directions which may be required for the preservation of good order and the equal convenience of the public, at any rail- road termination and steam or other boat landing; and any hackman, drayman, or other person, who shall refuse or neglect to obey such directions, or who shall resist such officer in the discharge of any duty, shall be deemed guilty of a breach of the peace and be subject to an immediate commitment. On conviction, the offender shall be subject to a fine of not less than five dollars and not exceeding one hun- dred dollars, or to imprisonment, in the discretion of the Court, not exceeding thirty days. Sec. 638. All vehicles, without horses harnessed thereto, must be removed from their stands and from the streets during the night and on Sundays ; otherwise they will be removed by the City at the expense of the owners. Sec. 639. It shall not be lawful for any cart, dray, wagon or other carriage, laden with cotton, lumber or other merchandise or commodity, to be driven through King street, south of Calhoun street, or any part thereof, save and except for the purpose of receiving or depositing a load in any such part of said street ; and any driver or conductor of any such cart, dray, wagon, or other carriage, CARTS AND DRAYS. 249 offending herein, shall be subject to a fine of not less than ten dollars nor more than twenty dollars, or imprisonment not exceeding ten days. Sec. 640. The following shall be the established maximum rates for the use of hackney coaches, car- riaefes and omnibuses, other than line omnibuses within the city, that is to say : From or to any steamboat landing or railroad depot, to or from any hotel or private residence within the limits of the city, for each passenger fifty (50) cents, but with ordinary baggage seventy-five (75) cents; from any other point to any point within the limits of the city, for each passenger fifty (50) cents; for the use of any carriage or hack when the same is not engaged for a day or afternoon, rate per hour, one dollar and fifty cents ($1.50) for the first hour and one dollar for each subsequent hour. Sec. 641. The rates of fare herein established, printed on the card, with the name of the owner or owners printed thereon, examined and certified by the Mayor of the City, shall be attached to some conspicuous place in the inside of every omnibus, carriage, or hack plying for hire ; and there is here- by imposed a penalty of five dollars for every neg- lect of the same, to be paid by the owner or own- ers of such omnibus, carriage or hack. Sec. 642. If any driver or owner of any hack, carriage or omnibus, other than line omnibuses, shall demand or receive any greater rates or prices than those herein allowed, the person so offending shall, for every such offence, pay a fine of five dol- lars, or be imprisoned in jail not exceeding five days. Sec. 643. If any driver of any hack, carriage or omnibus, or any other person, shall lay hold upon or take possession of any trunk, baggage, or other ar- ticle belonging to any traveler or passenger, at any railroad depot or place of landing for ships, vessels Penalty. June 3, 1902. Rates of fare for hacks, etc. April 10, 1866. Rates of fare to be placed in con- spicuous place in vehicles. Penalty. Penalty for de- manding more than fare allow- ed. Penalty for lav- ing hold of bag- gage without con- sent of owner. 250 CARTS AND DRAYS. Jan. 10, if Persons with infectious d i s - eases not to be removed in car- riages. Penalty. Dec. 26, 1882. Glanders or far- cy. Penalty. June 8, 1880. Cruelty to ani- mals unlawful. or steamboats, without consent of the owner of such trunk, baggage or other article, or of the pubhc of- ficer in attendance, he shall be subject to a fine of five dollars, or be imprisoned not exceeding ten days, in the discretion of the court, for every such offence. Sec. 644. That no owner, driver, or other per- son having the charge of any hackney carriage or other vehicle, used as a public conveyance, shall re- ceive, or permit to be placed, or convey in any man- ner, in or upon said carriage or other vehicle, any person sick or infected with the smallpox or any other contagious disease, or the body of any person who has died of smallpox or any other contagious disease, under penalty of fifty dollars, or imprison- ment not exceeding ten days ; that the body of any person who dies of smallpox or any other contagi- ous disease, shall be removed in a licensed hearse and in no other conveyance. Sec. 645. That it shall not be lawful for any per- son to bring or keep within the limits of the city of Charleston any horse or other animal having a disease known as glanders or "farcy." That the owner, agent or any other person in charge of an animal so affected, or who may have knowledge of such an animal, shall forthwith report the same to the Board of Health, together with the name of such owner and the place where the animal is kept, and it shall be disposed of under the direction of said board. Any person violating any of the pro- visions of this section shall for each and every of- fence, be fined in a sum not less than ten dollars nor more than fifty dollars, or be imprisoned not exceeding ten days. Sec. 646. That it shall not be lawful for any person or persons to overload any animal or ani- mals of burden used within the City of Charles- ton for the transportation of persons, goods, wares CARTS AND DRAYS. 251 and merchandise ; or to use, work, or employ in any manner any bruised, maimed, sick, or lame beast of burden ; or to cruelly beat, bruise, ill-treat, or in any manner whatever torture such beast or beasts, or any other animal or animals. Any person guilty of violating any of the provisions of this section shall, on conviction thereof before any court of compe- Penalty. tent jurisdiction, be subject to a fine of not more than fifty dollars, or be imprisoned for a period not exceeding thirty days. Sec. 647. That it is hereby made the duty of stands for ve- ,. - i-iri--.i/— -2 f hides for hire drivers of passenger vehicles for hire m the City 01 located. Charleston, when standing in the streets of the City of Charleston to be hired, to stand at the following places, to-wit : Chalmers street, south side, east of Meeting street, one stand. Cumberland street, south side, east of Meeting street, one stand. South Market street, north side, east of Meeting street, two stands. North Market street, south side, east of Meeting street, two stands. Cannon street, north side, west Rutledge avenue, three stands. Clifford street, south side, west of King street, two stands. Market street, south side, west of King street, one stand. George street, south side, west of King street, two stands. Calhoun street, south side, east of King street, two stands. Line street, south side, west of King street, one stand. Line street, south side, east of Meeting street, one stand. Bay street, west side, north of Chapel street. 252 CARTS AND DRAYS. Rate of fare. Rates of fare to be oosted in vehicles. Driver badge. to wear On either the north or south sides of Chapel street, between Drake street and Bay street : Pro- vided, Iwzvcver, That said vehicles shall at no time stand in front of doors and other entrances of the railroad stations : And, provided further, that said vehicles shall not stand abreast between the car tracks and the sidewalk of said street, but shall be stationed one behind the other. Sec. 648. That it shall not be lawful for the drivers of said vehicles to charge exceeding fifty (50) cents for passengers as fare from or to any depot in the City of Charleston, to or from any point in said city. And further, it shall not be law- ful for the said drivers to charge exceeding one and one-half dollars ($1.50) for the first hour and one dollar per hour for each hour thereafter within the city limits for hire of any vehicle, without regard to the number of passengers. Sec. 649. That it is hereby made the duty of the drivers of said vehicles to post inside the vehicles, so that it may be plainly seen by passengers, a printed notice showing the rates fixed by this ordi- nance, at top of which shall read : "The driver of this vehicle holds driver's badge No. — ." Sec. 650. That each driver of vehicle shall wear a badge placed on the outside of his coat, prop- erly numbered, so that he may be designated, and the number on the badge corresponding with the number of the license on the vehicle, said badge to be issued yearly and shall bear the date of the year in which it is issued, and shall be furnished by the city treasurer upon the taking out of the license for the vehicle, as provided in Section 615 of the Gen- eral Ordinances, and any amendments thereto, or that may hereafter be made. Sec. 651. That any person violating this or- DOGS. 253 dinance or any provisions thereof shall be subject, upon con\'iction before the Recorder's Court of the City of Charleston, to a fine not exceeding p^naitv. twenty-five dollars ($25) dollars, and to imprison- ment not exceeding fifteen (15) days, either or both, in the discretion of the Court. Sec. 652. When any horse, mule, cow, or cattle Api. 12, 1859, §i. shall be taken up, going at large in the City, by any , Horses, -^ows. ^ ' ° ° ® •' ' •> ■' &c.,goine at large of the City police, or shall be lodged as an estray, at i- be taken no. _,. -I-. 1- r- ■ • 1 11 1 1 1 r 1 '^^'^ '^°^ disposed the City Police Station, it shall be the duty of the of. officer in command at such Police Station to adver- tise such horse, mule, cow or cattle, in one of the morning papers for at least five days; and if the owner shall apply for the same, and prove his prop- erty, and pay the penalty and expenses incurred, the same shall be delivered up to him ; but in the event of non-application or non-payment, the same shall be sold at public outcry, after five other days' notice in one of the newspapers of the City, and the pro- ceeds be applied, first, to payment of the expenses and the penalty, and the balance, if any, be held sub- ject to the call of the party entitled. Dogs. Sec. 653. Any person or persons owning, keep- peb. n. 1804. ing or having a dog or dogs within the limits of Badees! this City shall annually, before the ist day of March, pay to the City Treasurer the sum of one dollar for a badge or license for such dog, and if more than one,, one dollar for each dog, which shall be in lieu of all taxation and shall permit such dog or dogs to go at large under charge of some re- sponsible person able to control the dog or dogs un- der all circumstances. Sec. 654. The City Treasurer shall annually provide a sufficient number of metal badges suit- 254 DOGS. Feb. in. 1801. Badees numbered stamped. to be and Feb. 13, 1894. Unlicensed dog to be caught. How redeemed. If not redeem- ed, to be killed. Feb. 10, 1891. Penalty for re- moving badge. Pound keeper to keep a roster. able for dogs, numbered from one upwards, with the year of their issue stamped on them, to be is- sued as stated in Section 653; the name and resi- dence of each party to whom a badge has been is- sued and the number of such badge, shah be kept on file in the City Treasurer's office, for the pur- pose of identification in case such badge should at any time be lost, stolen or otherwise misappro- priated. Sec. 655. No dog, licensed or otherwise, shall go at large in this City, except in charge of some responsible person able to control the same under all circumstances. Any licensed dog found going at large contrary to the provisions of this section, shall be caught and be detained in some suitable place, and the owner or person entitled to control shall be notified, who shall be entitled to redeem upon the payment of a fine of fifty cents : if said fine shall not be paid within three days after such notice the said dog shall be killed. Any unlicensed dog found at large within the City limits, shall be caught and detained in some suitable place, and if not redeemed, as hereinafter provided, within three days shall be killed : Pro- vided, hoivcz'cr. That any such dog so taken up, may be redeemed upon exhibiting a receipt from the City Treasurer, showing that a license for said dog has been obtained, and upon the further payment of a fine of one dollar and fifty cents. Sec. 656. Whosoever shall wrongfully remove the badge from or steal a licensed dog, or wrong- fully kills, maims, entices or carries away any such dog, shall be punished by fine not less than twenty dollars or imprisonment for not less than thirty days. That it shall be the duty of the Pound Keeper, to be appointed by the Mayor, to keep a registered roster, from day to day, of the dogs received and a DOGS. 255 description of the same, and the name and resi- dence of each party bringing in each dog. Sec. 657. If any owner or possessor of a fierce Fierce or dan- or dangerous dog, Hcensed or not Hcensed, shall fo^rat'^iarge.""* permit the same to go at large in the City, to the danger or annoyance of any of the inhabitants, he, she, or they, shall be liable to a fine of not less than Penalty. ten dollars, nor more than t^venty dollars, and upon a second conviction for the same offence, the Chief of Police shall cause the said dog to be slain. Sec. 658. All bitches running at large while in Feb. 13, 1894- heat, licensed or unlicensed, shall be caught and de- Bitches in heat 1 • -11 1 T r 1 • 1 1 • 1 '^ot ^° SO at tamed m some suitable place, it a licensed bitch, large, the same can be redeemed upon the payment of a fine of five dollars ; if unlicensed, the said bitch can only be redeemed by the payment of a fine of five dollars and the production of a receipt from the City Treasurer, showing that a license has been taken out. Should said penalties, as the case may Penalty. be, be not paid in three days, the said bitch shall be killed. Sec. 659. That whenever it shall be made to ap- Feb. 10, 1891. pear to the Mayor that there are good reasons for be- p r e c a u t ions lieving that any dog or dogs within the City are ''^^'"^' "'^ °^^' mad, it shall be the duty of the Mayor to issue a proclamation requiring that all dogs shall, for a period to be defined in the proclamation, wear a good and substantial muzzle, securely put on, so as to prevent their biting, and any clog going at large " during that period defined by the Mayor, without such muzzle, shall be impounded, and if said dog Muzzles. : shall not be redeemed within three days, by the pay- ment of a fine of one dollar, such dog shall be slain. 256 COTTON. CHAPTER XV. COTTON — GUNPOWDER — INFLAMMABLE OILS- NAVAL STORES— FIREWORKS, ETC.— DIS TILLERIES, ETC.— JUNK SHOPS AND PAWNBROKERS. Feb. 28, li Lightering cot- ton. Penalty. Nov. 9, 1897. Dec. 16, 1889, §1. All ships and vessels using don- key engines to have spark arrest- ers. Nov. 9, 1897. Penalty for fail- ure to use same after notice. Cotton. Sec. 660. It shall not be lawful for any person to lighter cotton within the port of Charleston, un- less the same shall be securely covered in from dan- ger of fire by good and sufficient covering of wood, tin or tarpaulin, under a penalty of fifty dollars for each and every offence, or imprisonment not exceed- ing thirty days. Sec. 661. All ships and vessels now in the port of Charleston, or which may hereafter come to the port of Charleston, using a donkey or any other engine for the purpose of loading, and all steam apparatus of every kind including locomotives, steamboats, or stationary engines, employed or used on or near any of the wharves of the said City of Charleston, are herebv required to provide and use, so long as the said steam engines or apparatus may be employed on or near the said wharves, proper and sufficient spark arresters, and all ships and vessels shall use such spark arresters also on their galley stove pipes, and it is hereby made the duty of the Harbor Master of the City of Charleston to notify the captain or master of such ship, vessel or steam- boat, or the owner or person in charge of such steam apparatus, locomotive or stationary engine of this requirement, and see that the same is complied with. Sec. 662. That any captain or master of any ship, vessel or steamboat, or the owner or person in COTTON. 257 charge of any steam apparatus, locomotive or stationary engine, used or employed on or near any of the said wharves of the City of Charleston, who shall refuse or fail within forty-eight hours after notice from the Harbor Master, to provide and use such spark arresters, as hereinbefore required, shall be liable to a fine not exceeding one hundred ($ioo) dollars, or to imprisonment not exceeding thirty days. Jan. 27, 1885. Sec. 663. It shall not be lawful for any person Regulations for ... storine cotton. or persons to store, keep or pile, withui the hmits of the city, in any building not constructed of brick or stone, and covered with tile, slate, tin or other incom- bustible material, cotton, loose or in bales or bags, of an}' c[uantity or number whatever. Any per- son or persons storing, keeping or piling cotton, loose or in bales or bags, in any building within the city, contrary to the provisions herein contained, shall be subject to a fine not exceeding one hundred dollars, nor less than twenty dollars, or imprison- renaity. ment not exceeding thirty days, for each day such cotton, loose or in bales or bags, shall be stored, kept or piled. Sec. 664. It shall and may be lawful for the i^-- ^ ^- Mayor, or anv Alderman, to enter into any building-. Cotton other- ■J ■ - .' o' \v,sg stored or lot or enclosure where cotton, loose or in bales or piled, to be re- . moved. bags, may be stored, kept or piled contrary to the foregoing provisions, and to require the tenant or owner of such building, lot or enclosure, or the owner or person having the charge of such cotton, to remove the same ; and in case any such tenant, owner or other person shall neglect or refuse to remove the said cotton within twelve hours after such notice given, the Mayor is hereby empowered and directed to cause the same to be removed, and lodged in some secure place, at the charge and ex- pense of the tenant or owner of such building, lot or enclosure, or the owner or person in charge of 17 258 COTTON. lb., § 3- Penalty on own- er or tenant of any building where cotton mav be found stored contrary to this sub-division. Mar. 27, 1849, §T. Not lawful to pack, by means of a screw, loose cotton, without a license from Citv Council. lb., § 2. How applica- tions for licenses are to be made. Bond to lie ex- ecuted. such cotton ; the same to l^e recovered in any Court of competent jurisdiction. Sec. 665. The owner or tenant of any building, lot or enclosure within the city, on whose premises any cotton, loose, or in bales or bags, may be found stored, kept or piled, contrary to the foregoing pro- visions, shall, for each day when the said cotton shall be so found, be subject to a fine of not more than one hundred dollars, nor less than ten dollars, or imprisonment not exceeding ten days. Sec. 666. It shall not be lawful for any person or persons, either on his, her or their own account, or on account of others, to pack, bale up or otherwise prepare for sale, whether by means of a screw or otherwise, loose cotton, within the limits of the City of Charleston, without having previously ob- tained from the City Council of Charleston a license therefor, according to the tenor and subject to the regulations of this subdivision ; and he, she or they who shall offend herein shall, for each offence, be subject to a penalty of one thousand dollars. Sec. 667. Applications for licenses under this subdivision shall be made to the City Council, in writing, accompanied with a certificate or certificates of two or more respectable citizens, recommending the applicant as a fit and proper person to receive a license, and offering to become his or her sureties ; and any person or persons to A\hom a license or licenses may be granted, before the same is. or are delivered, shall pay into the hands of the City Treas- urer such sum as the City Council shall, from time to time, determine ; and at the same time execute a bond or bonds to the City Council, in the penal sum of one thousand dollars, with the sureties named in the application or applications, the condition whereof shall be to comply with the regulations of this sub- division. Sec. 668. It shall not be lawful for any person COTTON. 259 or persons to keep or pack loose cotton in or upon any building anywhere within the city, not con- structed of brick or stone, and covered with tile, slate, tin, or other incombustible material. .Any person offending" shall be subject to a fine not ex- ceeding one hundred dollars, nor less than twenty dollars, or imprisonment not exceeding thirty days, for each day such cotton, loose, or in bales or bags, shall be so stored, kept or piled. Sec. 669. It shall be the duty of the proprietor or keeper of such licensed press for packing cotton within the city, to put his, her or their brand or mark, as well as the number, upon each and every bale of cotton packed at his press ; and whomsoever shall alter, erase or obliterate the aforesaid marks and numbers, or any of them, shall, for each offence, be subject to a fine of one hundred dollars ;and it shall be further the duty of the said proprietor or keeper to keep a book of record of all loose cotton received, from whom received and for whose account packed, to whom delivered ; and the said book shall l)e kept, like the scale book of a wharf, in some place accessible to the public, and be open to public in- spection. Sec. 670. It shall not be lawful to use fires, burn lights on any premises, or in any building where loose cotton is spread, piled or packed, nor to spread or pile loose cotton on any street, wharf or other place unenclosed and uncovered. It shall not be lawful to work at any packing press, or in any place where loose cotton is handled, kept or packed, before sunrise nor after sunset. Any person offend- ing against any or either of the provisions of this Section, shall be subject to a penalty of one thousand dollars. Sec. 671. It shall not be lawful to bring into or keep at any place within the city cotton, burnt, or partially burnt, scorched, or otherwise fire marked. June 6, 1876. Jan. 2y, 1885. Not lawful for any person to keep or pack loose cotton, except in a brick or stone building. Penalty. Mar. 27, 1849, §4. Proprietor n f press to put bra:"d and number upon every bale pressed. Penalty for al- tering mark and number. Proprietor t o keep a record of all loose cotton received. June 6, 1876. Not lawful to use fires or lights. 'enaltv. Pec. zi, 1884. Not lawful to keep burnt or scorched cotton within the City except, &c. 260 COTTON. Penalty. .Mar. 27, 1849, §6- Penalty for stealing cotton. Sep. 4. i8ss, §1- Unlawful for cotton menders to take samples. Penalty. whether loose or in bales, except upon a special written permit from the Chief of the Fire Depart- ment, approved by the Mayor, wdiich permit shall expressly state the place or places from which such cotton may be brought, and where such cotton may be kept, the precautions to be observed, and the length of time during which the permit shall be of force; and every person who shall obtain such a permit, shall, before acting upon it, give satisfactory and sufficient security for any expense which may be caused the city for the breaking out of fire in such burnt or fire marked cotton. Any person or persons, or corporation, offending against either of the pro- visions of this Section, shall be subject to a penalty of five hundred dollars for each and every offence. Sec. 672. If any person or persons wathin the city shall steal loose cotton, or shall buy or receive stolen loose cotton, knowing the same to be stolen, he, she or they shall be subject to a penalty of two hundred and fifty dollars. Sec. 673. It shall not be lawful for any mender or menders of cotton bags or cotton bales, to carry with him, her or them any basket, bag or other vehicle, for the purpose of taking aw^ay, whether on his, her or their own account, or on account of others, any sample or samples of cotton, or any loose cotton, from any bags or bales they may be employed to mend ; nor shall it be law^ful for any such mender or menders to take or pull from any such bag or bale any cotton wdiatever, save and except such dam- aged cotton as the person or persons having such bags or bales in charge may direct him, her or them to pick out. And any person or persons offending against any of the provisions of this Section shall, for each offence, be subject to a penalty of fifty dollars. Sec. 674. It shall not be lawful for any licensed packer, or any other person, to purchase any sample GUNPOWDER. 261 or loose cotton from any person, other than a factor Dec. 20, 1855, §1. regularly engaged in the sale of cotton, in bales or Not lawfni for original packages, or from a shipping merchant chasr'?a°mpks^"Jr regularly engaged in the shipping of cotton, in bales in°y^persoT llhTr or packages as aforesaid, and at their respective and a^^iifs %^ia°ce ^"f customary place of business only, and from no other ^"isiness. person or persons, or at any other place or places whatsoever, under a penalty of one hundred dollars Penalty. for each and every offence. Sec. 675. All fines, forfeitures and penalties sep. 4, 1S55, §3. incurred under the foregoing provisions, relating to cotton, shall go, one moiety to the use of the City, and the other moiety to the use of the informer, who shall prosecute the offender or offenders to con- viction. Gunpowder. Sec. 676. It shall not be lawful for any person . Tune 13, 1815. §22. or persons to carrv sfunpowder without a secure and . ijow \o be car- '^ . ■' I'lcd through proper covering, in any wagon, cart, dray or other- city. wise, through the streets, lanes or on the wharves of this city, and any person or persons so offending shall, for every such offence, be subject to a fine of fifty dollars, or imprisonment not exceeding thirty I'enaity. days. Sec. 677. It shall not be lawful for any person Feb. 13, 1877. or persons to sell any STunpowder, which may at the Not lawful to ^ . . . . sell without h- time be within the City of Charleston, m any quan- cense, tity, without having first obtained a license to keep and sell gunpowder, the said license to 1)e issued by the Clerk of Council, who shall receive for the use of the city, from the person obtaining the license. the sum of one dollar for each license so issued, and every such license shall be in force for one year from the date thereof, unless previously annulled by the City Council, and no longer, and every person or persons offending herein shall, for the said offence, ''''"^'^y- be subject to a fine of one hundred dollars, or im- prisonment not exceeding thirty days. 262 GUNPOWDER. April 28. 1R46. 82. How gunpow- der shall be kept. Penalty. Tune 13, 1815, §23. Apl. 28, 1846, §3. .Tune24, 1851, §2. No one permit- ted to keep over twenty - five pounds. Penalty. Feb. 20, 1872, Si. Gunpowder not to be stored in the Citv. Penaltv. Sec. 678. It shall not be lawful for any mer- chant, factor, retailer or dealer in gunpowder, or any person or persons whomsoever, to retain, have or keep in his, her or their possession, any quantity of gunpowder exceeding one pound in weight, unless the same shall be well secured in a tin canister or canisters, which said canisters shall be plainly marked or labeled on the outside thereof with the word "Gunpowder," and shall be deposited and kept on the right side of the principal door of the entrance to the store, shop or premises wherein the same may be. and any person or persons offending against any of the provisions of this Section shall, for every such offence, be subject to a fine of one hundred dollars, or imprisonment not exceeding thirty days. Sec. 679. No merchant, factor, retailer or dealer in gunpowder, or any person or persons whomso- ever, within this city, shall retain, keep or have in his, her or their possession, at any one time, a greater quantity of gunpowder than twenty-five pounds weight, and, on information given to the Mayor, or the same coming by any means to his knowledge, of a greater quantity than twenty-five pounds weight, in the possession of, or within the enclosure or enclosures of any person or persons whomsoever, the Mayor is hereby required and directed to pros- ecute such person or persons so offending, in any Court of competent jurisdiction, when, on convic- tion of the same, the party shall be fined in the sum of one hundred dollars, or be imprisoned not exceed- ing thirty days. Sec. 680. It shall not be lawful to establish or keep within the limits of the City any magazine, or place for the storage of gunpowder, nor to keep any gunpowder in any place within the said limits, excepting in small quantities, as herein provided, under a penalty or fine not exceeding fi^-e hundred dollars. INFLAMMABLE OILS. 263 Inflammable Oils. Sec. 68i. Except as hereinafter provided, it .\ug. n, 1903. shall not be lawful for any person, firm or corpora- tion to store, or keep on storage, within the limits of the city after the ist of January, 1904, more than 100 gallons of refined petroleum, or other inflam- mable oil. of not less than no degrees fire test, at any one time in any building, same to be kept in close metal tanks or vessels, and not to be drawn or han- dled by artificial light. Sec. 682. Refined petroleum or other inflamma- unlawful to ble oils of not less than no degrees fire test, may ten'^^barrds'! be stored in cellars (when the buildings are not occupied as dwellings or sleeping apartments), in (|uantities not exceeding ten barrels, upon obtaining a certificate for such storage from the Chief of the Fire Department. Sec. 68^. Except as hereinafter provided, it Not more than ^ ^ , ten gallons nap- shall not be lawful for any person, firm or corpora- tua, etc. tion to store, or keep on storage, within the limits of the city, more than ten gallons of gasoline, benzine or naphtha at any one time, in any one building. Sec. 684. Gasoline, benzine or naphtha, in casoiine, ben- . . , 1111 /-"I • r ^'"P- etc., iiow such quantities as may be recommended by the Lhi.et stored. of the Fire Department, and approved by the Mayor, and in no event to exceed 250 gallons above ground, and 1,200 gallons under ground, may be stored or kept on hand at any one time, in any one building, within the city; provided, the said building is 10 feet distant from any other frame building or any dwelling house; and, provided further, that the said gasoline, benzine or naphtha shall always be kept in a fire-proof enclosure, or vault, in which all openings are covered with metal shutters ; and. provided further, that said gasoline, benzine or naphtha shall be kept in a drum or tank, or drums and tanks, used for that purpose, and no delivery of said gasoline. 264 inflammablp: oils. stored benzine or naphtha shall be made at an}- time b^- artificial light, or, under any circumstances, after sundown of any day. Petroleum, how Sec. 685. Refined petroleum, or other inflamma- ble oil of not less than no degrees fire test, and not exceeding 700,000 gallons in amount, and gasoline, benzine and naphtha, not exceeding 25,000 gallons, may be stored in a tank or tanks, within the city limits, upon a certificate issued by the Chief of the Fire Department, showing that there has been a compliance with the restrictions herein set forth, namely, said tank or tanks, each and all of them, shall be properly ventilated, and shall be so located as to leave a clear space of not less than 300 feet between each and every tank and any building : provided, however, in the event of buildings being desired on the property of the storage plant, said tank or tanks, each and all of them, shall be located so as to leave a clear space of not less than 200 feet between said tank or group of tanks, and any build- ing, or buildings, on the said land so used as a storage plant. And no building, 'or buildings, shall be erected on said storage premises until the plans for the same have been first submitted to the Chief of the Fire Department, and he, with the City Sur- veyor, shall have recommended the same to the Mayor, and the Mayor approved the said plans ; then, and in that e\'ent, said building or buildings may be erected ; provided, the same are located 200 feet from said tank or tanks, and so as to leave 100 feet of clear space between said building or build- ings, and any adjoining property; and, provided further, that said tank or group of tanks shall be surrounded and enclosed by an embankment having a height of not less than 4 feet, nor more than 6 feet, which embankment shall be firmly and com- pactly built of good earth, from which stones, veg- etable matter, etc., have been removed, and shall INFLAMMABLE OILS. 265 have a crown of not less than 3 feet, and a slope of at least 2 to i on both sides, properly provided with steps, built of stone, concrete or brick, where it is necessary to pass over the said embankment ; the reservoir, thus formed, to have a capacity of at least one and one-half times that of the tank or tanks, surrounded. Sec. 686. Any person, firm or corporation may d i s t r i buting have a distributing plant within the city limits, ''^"*" wherein may be stored not more than twenty-five (2=^) empty barrels which have contained mineral oil, nor more than fifty (50) full barrels, and 16,000 gallons of refined petroleum oil of not less than no degrees fire test, for temporary use in dis- tributing, in a tank or tanks of an aggregate capacity of not more than 16,000 gallons, and 8,000 gallons of gasoline, benzine or naphtha, in tank or tanks, placed underground ; provided, however, (a) That all such tanks, or group of tanks, not underground, shall be surrounded by an earth em- bankment, approved by the Chief of the Fire De- partment, which shall contain not less than one and one-half times the capacity of the said tank or tanks (b) Provided, further, that the entire distribu- ting plant, with all buildings thereon, shall be sur- rounded with fire walls of brick or stone, at least 12 inches thick, and at least 12 feet in height; all open- ings in such walls shall have their thresholds at least 24 inches above the level of the ground, within the inclosure. All structures in such enclosure shall be built of such materials as may be recommended by the Chief of the Fire Department, and approved by the Mayor. Sec. 687, Any person, firm or corporation stor- To employ . .. . . watchman. ing or distributing oil within the city, as permitted by Sections 685 and 686, is hereby required to keep a regularly employed watchman, or guard, from sun- set until sunrise of the following day, on each and 266 INFLAMMABLE OILS. Chief of Fire Department to in- spect once a inonth. I n fl a m m able oils, etc., not to be kept where cotton is stored. Penalty. ever}^ night, stationed at or about the place of stor- age or distribution, whose duty it shall be to guard said premises and property thereon, and give alarm of danger therefrom in case of fire ; the premises to be provided with such time-keeping apparatus, as shall be required by the Chief of the Fire Depart- ment, for the proper guarding of said premises. Sec. 688. It shall be the duty of the Chief of the Fire Department to inspect regularly, at least once a month, all buildings in which refined petroleum or other inflammable oils are stored, as provided for in Section 685, and distributing plant, as provided in Section 686, such storage and distributing plant is hereby permitted, upon the express condition that the Chief of the Fire Department, or his assistants, shall have, at all times, free and unobstructed access to any portion of the premises for the purpose of inspection, and it shall be the duty of the Chief of the Fire Department to see that the provisions of this Ordinance are strictly carried out, and file a report thereof with the Mayor, at least once a month. Sec. 689. Refined petroleum, or any other in- flammable oil, when brought into the city, by land or water, shall not be kept on or in any lot, wharf or building where cotton is stored, nor shall it be kept or landed on any wharf, or in any place, or building, where naval stores or other produce or merchandise are stored, unless the same be received and removed therefrom between the hours of sunrise and sunset; it being understood that no refined petroleum, or other inflammable oil, be allowed to remain upon any of these premises at night. It shall be the duty of the Chief of the Fire Department, in conjunction with the Police Department, to enforce the provis- ions of this Section, and promptly report all viola- tions thereof to the Mayor. Sec. 690. Any person, firm or corporation viola- ting any of the provisions of this sub-division shall NAVAL STORES. 267 Chief of iJcpartment be subject to a fine of $ioo for each and every day such offence continues, recoverable in the City Court of Charleston, and be subject also to a revocation of such license. Sec. 691. It shall be the duty of the Chief of the Fire Department, in conjunction with the City Sur- ^"J'J'j^^"'' ^'' \eyor, on January i, 1904. to inspect the plant of an}' individual, firm or corporation in which inflam- mable oils shall be stored or distributed, and in case any plant is fouiid within the city limits whose con- struction and location does not conform to thisf Ordinance, he shall report the same to Corporation Counsel, whose duty it shall be to bring such action, or actions, as may be necessary to enforce this Ordinance. Sec. 692. Any person, firm or corporation hav- ing a storage and distributing plant apart from each other, may lay pipes connecting same through the streets of the city, which may be necessary for this purpose ; provided, permission may first be ob- tained of the Mayor, and the said pipes be laid in a manner which shall meet the approval of the Mayor and City Surveyor, and Chairman of the Committee on Streets. Naval Stores. Fire and in- To lay pipes through streets. Sec. 693. It shall not be lawful to store any Not store lawful to south of naval stores, viz, pitch, tar, rosin, crude turpentine ^'''■f st^'eet, ex- i «■ ccpt on wharves. and spirits of turpentine in the City of Charleston, south of Line Street, except upon such wharf or whar^•es where cotton, hay or blades are not stored ; provided, howe\er. that such naval stores intended proviso, for shipment may be landed on any wharf or wharves there to remain until taken on board of vessel or vessels. Any person or persons violating any of the provisions of this Section shall be subject p^.„ait^. to a fine of two hundred dollars, or imprisonment not exceeding thirty days. 268 FIREWORKS— CRACKERS— KITES. Nov. 20, 1866, §1. Shooting squibs, crackers, &c., pro- hibited. The firing of guns, pistols, &c., prohibited. Flying kites prohibited. Penaltv. May 22, 1827, §1. Penalty for ex- hibiting fire-works without the per- mission of the Mayor. Nov. 27, 7888. Sling shots un- lawful. Penaltv. March 10, 1903. Unlawful t o sell toy pistols. Fire-Works, Crackers and Kites. Sec. 694. No person or persons shall fire any squibs, crackers or other fire-works within the City, except at times of public rejoicing, and at such times and places as the Mayor may, under his hand, per- mit, or shall burn any chips, shavings or other com- bustible matter in any street, lane, alley, or open or enclosed lot within the City (coopers excepted, who shall be permitted to make fires below the curtain line, with the consent of the proprietors of the lots, where they carry on their work respectively,) or shall fire any gun, pistol or other firearms wathin the limits of the City, unless it be on occasion of some military parade, and then by the order of some officer having the command ; or shall raise or fly any kite, or other like paper, in any part of the City; under a penalty of ten dollars, or imprisonment not exceeding thirty days, for each and* every such offence. Sec. 695. Any person or persons exhibiting fire- works in any place of public amusement, or in any other place within the limits of the City, without permission under the hand of the Mayor, shall be subject to a fine of one hundred dollars, to be recov- ered in any Court of competent jurisdiction; one- half of which fine shall go to the informer, and the other half to the use of the City. Sec. 696. No person or persons shall shoot any sling-shot, spring gun or other toys which shoot slugs, bullets, stones or other missiles within the City, under a penalty not exceeding ten dollars, or imprisonment not exceeding thirty days, for each and every off^ence. Sec. 697. That it shall be unlawful for any per- son, firm or corporation in this city to sell, keep for sale, or ofifer for sale, or give away, any toy pistol in which caps or cartridges can be used, or any caps or cartridges for any such toy pistol. 269 DTSTTI.I.liRTF.S. BAKEHOUSES, ETC. Sec. 698. That every person, firm or corpora- penalty, tion violating the provisions of Section 697 shall, upon conviction, be fined not exceeding $50, or be imprisoned (in case of any individual), for a term not to exceed ten days. Distilleries, Bakehouses, TaUow-Chaiidlers and Guano. Sec. 699. It shall not be lawful for any person ju„e 30, .845, or persons within the limits of the City, to keep in - '^' his or their out-houses any still or stills, exceeding i..|''"en gau^o^'ns ten gallons, or erect any brew-house, or carry on any p"ohibited'r''°"^^^ brewing. Sec. 700. No more than six stills shall be al- ib., § 25. lowed to be made use of, or erected in any of the n timber of stills allowed. distilleries before mentioned. And it any of the owners or proprietors of the aforesaid distilleries shall erect or employ any more than the aforesaid number of stills respectively limited as aforesaid, he, she or they shall forfeit and pay a sum of one hundred dollars for each and every information and conviction of having or keeping erected or em- ployed, each and every such still. And it shall not be lawful for bakers of bread to carry on their trade within the City, unless their bakehouses shall be built and paved with brick or stone, covered with Bakehouses, •■ ' how to be con- tile or slate, and their situations so remote, and structed. attended with such security to the adjacent buildings as to be approved of by the Mayor or City Council, under the penalty of one hundred dollars for each and every offence. Sec. 701. Any person or persons who shall carry ib., § 26. on the trade or occupation of tallow-chandler and Taiiow chandlers , ., . ,, r ii • 1 antl soap-boilers. soap-boiler, or either of them, m any house or houses, shed, or other buildings within the City of Charleston, except in such house or houses as are built of brick or stone, and covered with slate or tile, 270 JUNK SHOPS AND PAWNBROlvKR.S. Oct. 24, 1854, §! Storage ano. of gu- Penalty. and floored or paved with brick, stone or earth, and also have a Hcense for carrying on such trade or occupation, in such house and street as therein de- scribed, shall be subject to a fine of not less than ten dollars, nor exceeding eighty dollars, for each and every such offence, to be recovered in any Court of competent jurisdiction, one-half to the informer, the other half to the use of the city. Sec. 702. It shall not be lawful for any person or persons to store, or keep in store, or in mass, guano in any place within the City, in the vicinity of inhabited houses, without the knowledge and written consent of the inhabitants thereof ; and any person or persons offending herein, shall pay a pen- alty of five hundred dollars for each and every offence, and an additional penalty of ten dollars for each and every day that the violation shall continue, after due notice, in writing, from the Mayor. Junk SJwps and Paz^ni Brokers. Mar, 3, 1858, §1. Junk shops and pawn brokers to be licensed. lb., § 3- Persons receiv- ing license to put up a sign and keep a book open to the inspection of Mayor and Chief of Police. Sec. 703. The keeper or keepers of every junk shop or pawn broker's establishment, within the limits of the City of Charleston, where any kind of second-hand articles, junk, old metals, or other like commodities are purchased, sold, bartered, pledged or exchanged, shall obtain from the City Council a license to do so, and shall pay to the City Treasurer for said license such sums as the City Council shall, from time to time, determine, and such license (which shall continue for one year) shall not be transferred from one person to another without the consent of the City Council. Sec. 704. Every person receiving such a license shall put up over the principal entrance to his or her shop a sign, designating that he or she is li- censed, and containing his or her name, and shall keep a book in wliich shall be written, at the time of JUNK SHOPS AND PAWNBROKERS. every purchase or barter, a description of the arti- cle or articles purchased or bartered for, the name and residence of the person or persons from whom received, and the day and hour when such purchase or exchange was made, and such book shall be at all times open to the inspection of the Mayor of the City, the Chief of Police, or any person duly author- ized by them, or either of them, to inspect the same. Sec. 705. Junk shops shall not be kept open for ^ [b.. j 4-^ the purchase of any of the articles mentioned in 271 Feb. 26, 1896. „ . 1 11 11 111 Shops not to be Section 703, nor shall any purchase be made by the kept open except , , • , , , between sunrise keeper or keepers of any such shops, or by any per- and snnset. son or persons for them, except between sunrise and sunset. Pawnbrokers' establishments may be kept open from sunrise until 9 o'clock P. M., on every working day of the week, and said shops, that is, junk shops and pawnbrokers' establishments, shall be open at all times to the inspection of the Mayor subject to in- '■ ^ -^ spection of Mayor of the City, the Chief of Police, or any person duly a."':' ^''"ef of Po- authorized by them, or either of them. Sec. 706. No keeper of any such shop shall ib., § 5- himself, or through any other person, either direclv Keepers of . , . , , ' shops not to trade or mdirectlv, purchase or receive, by way of pledge with minors and , ' , / . . , apprentices. or barter, or exchange, any of the articles men- tioned aforesaid, from any minor or apprentice, without the written permission of the parent or guardian of any such minor or apprentice, which written permission shall be filed, and produced whenever required by any one authorized to inspect such shops. Sec. 707. Every person having obtained a li- i''.. § 6. cense, who shall violate any of the provisions of this Penalties. Ordinance, relating to junk shops and pawn bro- kers, shall forfeit the same, and, upon conviction thereof, shall pay a fine of not less than ten dollars, nor more than fifty dollars, and every person keep- ing such a shop, and carrying on business therein, without having first obtained a license to do so. 272 RAILROADS. Nov. 26, 1895. To make dailv reports to Chief of Police. Nov. 26, 1895. Penalty. shall pay a fine of not less than fifty dollars, nor more than one hundred dollars, or be imprisoned not exceeding thirty days; all of which said fines shall be recovered in any Court of competent juris- diction, and shall be disposed of as follows, viz. : One-half to the use of the person who shall prosecute the offender to conviction, and the remainder to the use of the City. Sec. 708. It is hereby made the duty of all pawn brokers doing business in the City of Charleston to make daily reports to the Chief of Police of the City of Charleston, and within twenty-four (24) hours from the reception of any pawn, or of all pawns deposited with them, giving the number of the ticket and such description of the personal prop- erty as will make its identification easy, and in case the pawn is of watches or other articles, having a number, the description shall state among other things, such number. Sec. 709. That any pawn broker violating the provisions of the foregoing section or any of them, shall, on conviction before the Police Court of the City of Charleston, be subject to a fine not exceed- ing one hundred dollars, and imprisonment not to exceed thirty days, either or both, in the discretion of the Court. CHAPTER XVI. RAILROADS— STEAM ENGINES— STREET RAILWAYS. Mar. 12, 1867, §1. Petition to con- struct railways in Citv. Sec. 710. \\lienever any company or corpora- tion shall desire to construct a railway for the con- veyance of goods or passengers along any of the streets of this City, they shall be required to peti- tion the corporate authorities for the privilege, stat- ing the streets along which they desire to build such RAILROADS. 273 road, and the points between which they desire to build the same. Sec. 711. Whenever permission shall have been oct. 10, 1893. obtained the company or corporation shall proceed Must follow to lay the track along such parts of such streets as scnbed''°"by "ufe Council shall direct, complying with surveys, regu- authorities. lations and gradients that are now or hereafter may be adopted by the City ; and shall use rails of the latest pattern, approved by the Committee on Streets and the Committee on Railroads, and so lay the same as to furnish no greater obstruction than is necessary to the free use and enjoyment of the streets ; and the guage of said track or tracks shall be such as the company and corporate authori- ties may determine upon ; and no cars shall be run upon said track or tracks until they have filed in the Must file certi- office of the Clerk of the City Council, a certificate Engf„eJn°'" ^'''^ from the City Surveyor that all of the Ordinances and regulations of Council have been complied with. The company shall build and keep in repair all bridges, turnouts, drains and other work of like nature which the track or tracks cross, paving or J° ^eep in re- ^ *=" pair bridges, filling the tracks between the rails so as to conform drains, &c., which . . tracks cross. to the remainder of the street, and at their own cost and expense, shall, as the street may be paved or To pave or filled, pave or fill and keep in good repair conform- rails, ably to said street, three feet on each side of the track or tracks as may be and at such times as re- quired by the City authorities. And it is hereby pro- vided and ordained, that the foregoing requirements and regulations shall apply not only to roads hereaf- ter to be built, but to all existing roads and to the extensions and repairs of same ; and should any company or corporation violate any of the provisions of this section, the company violating the same shall be liable to a penalty, not exceeding fifty dollars for „ , ^ -^ o y ^ Penalty tut each and every day they shall be proven to have vio- non-compiiance. 18 274 RAILROADS. Sept. 12, 1893. Feb. 13, 1894. Hours when cars shall run. Sep. 12, 1893, §2. Rates of fare. One fare for continuous trip. Transfer tickets shall be given. Proviso. lated the same, after due notice given by the Super- intendent of Streets or by the City Surveyor. Sec. 712. It shall be the duty of each street rail- road or railway company in this City to run its cars (except where otherwise provided in this section) from 6 A. M. till 1 1 P. M., on all its lines south of Line Street: Provided, hozvever, that up tu the hour of 10 P. M. the cars on all lines shall be run on the same schedule as during the day, and after that hour at no greater inter\'als than fifteen minutes ; and pro- vided further, that during the period extending from the first day of November to the thirtieth day of April, inclusive, the last car on each line may leave the upper terminus at 10 o'clock P. M. and the lower terminus at 10:35 o'clock P. M. Sec. 713. That it shall not be lawful for any street railroad or railway company in this City to charge more than five cents for one continuous ride, with ordinary hand baggage, on any of its cars ; and where the said company operates lines through different streets, transfers, when requested, shall be given without extra charge, for which purpose, when possible, schedules shall be so arranged that the cars shall make connection at junctional points ; that is to say, a passenger taking a car on any street railroad or railway, and desiring to reach a given point in any direction on one of the lines of said company, shall, without extra charge, be transferred to such car as may be necessary, and be given a transfer ticket and for the one fare be carried to the point to •which he wishes to go -.Provided, hozvever, That passengers so transferred shall take the first car leavino- after their arrival in the direction in w4iich they wish to go -.Provided, further. That this Section is not to be construed a round trip, but sim- ply a single trip from one point to another by the shortest and most direct route. Sec. 714. That the lines running north of Line RAILROADS. 275 Street, although owned and operated by the same Feb. 21, 1898. companies for the purpose of this sub-division, shall Lines north of be treated as if owned and operated by other com- ^'"^ ^*''^^*- panics : Provided, they shall be required to run their cars after 7 o'clock P. M. at no greater intervals than thirty minutes, and that the last car shall leave the lower terminus at 1 1 o'clock P. M., but in all other respects they are subject to the provisions of this sub-division. Sec. 715. That any company violating any of penalties, the provisions of this sub-division shall for each and every offence be liable to a penalty not exceeding $50, to be recovered in any court of competent juris- diction. Sec. 716. Such company shall employ compe- ^^•' ^ 3- tent, careful, sober and prudent persons, who shall , ^ars not to run i J^ ' faster than six use all exertions to avoid collisions, giving due "^''es per hour. notice to the drivers of other vehicles and foot pas- sengers, to prevent the same, and any infraction of this Section shall be punished by a fine not exceed- ing fifty dollars. This fine shall not exempt the com- pany from the penalties and responsibilities of such Penalty. violations or acts committed by the employees, con- ductors, or officials ; and it shall be the duty of the drivers of all vehicles to leave the track on the ap- proach of the cars at the first street intersection, pro- vided there be not room for said vehicle or vehicles vehicles not to to turn to the right previous to reaching a street in- obstruct the track, tersection. and in no way unnecessarily obstruct the progress of the cars ; and any person violating any part of this Section shall be punished by a fine not exceeding fifty dollars or imprisonment not exceed- Penalty. ing fifteen days. Sec. 717. Every car on each road shall have the ^^^ ^ ^- number of the car painted on each side, in such man- ^ Each car to '- _ have number ner and place as may be plainly seen, and also carry painted on side ^ ■ . and carry a lamp at night a lamp in front and rear, and every car at night. shall be fully and properly lighted inside, or the 276 RAILROADS. Penalty. lb., § 7- Refusal or neg- lect to run cars for three months road may be rent- ed If idle for twelve months City Council to sell. July 13, 1897. Disorderly con- duct, etc., in cars prohibited. Oct. 27, 1903. Cars not to stop so as to obstruct intersecting streets. Penalty. lb., § 10. No privileges to interfere with fire department. company owning said car be liable for failure to comply with the same to a penalty not exceeding fifty dollars. Sec. 718. If any company shall refuse or neglect to run their cars, as herein provided, for a period of three months, then the corporate authorities of this City may rent the road, at public outcry, for account of the company, for a period of twelve months ; and if the road be not rented, but shall be idle for a period of twelve months, then the said authorities may have the road taken up, the material sold to the highest bidder, and after deducting the expense of taking up the road, selling the same, and repairing the streets, the balance, if any, shall be paid to the legal representatives of said company. Sec. 719. If any person shall smoke or spit in any car of any city railroad or otherwise in any way improperly conduct himself or herself, he or she shall be liable to ejectment from the car and to a fine not exceeding ten dollars, or imprisonment not exceeding ten days. Sec. 720. It shall not be lawful for any person in charge of or conductor of any car on the city rail- roads to stop their cars so as to obstruct the street intersecting the line of the railroads, nor shall they obstruct the foot crossings of the street, for any longer time than is necessary for the landing and receiving of passengers ; but it shall be their duty to go beyond the intersecting street, as far as the crossing, before stopping, except that when a car shall have so stopped, the motorman of the car com- ing in the opposite direction, before crossing the intersecting street, shall slow^ down and have the car under control, under a penalty not exceeding ten dollars or imprisonment not exceeding ten days for each offence. Sec. 721. No privilege or authority herein granted shall be so construed as to interfere with RAILROAD CROSSINGS. 277 the operations of the Fire Department of the City; but. in all instances, in case of fire, the use of the streets where railroad tracks are laid, shall be sub- servient to the necessities of the Fire Department. Sec. 722. The conductor and motorman of each car shall keep a vigilant watch of all vehicles, or per- sons on foot, especially children, either on the track or moving towards it, and on the first appearance of danger to such vehicles or persons, the car shall be stopped in the shortest time possible ; and all foot passengers are hereby required to avoid obstructing the track, by their presence or otherwise. The con- ductor shall not, under any circumstances, allow la- dies or children to leave or enter the car while the same is in motion, and shall when required stop to allow any one to leave the car; and when not full, to stop for any passenger giving the customary sig- nal, if within a reasonable distance. And for the violation of any portion of this Section shall be liable to a fine not exceeding ten dollars. Sec. 723. The corporate authorities reserve the right to amend or alter the foregoing Sections, whenever circumstances may require it ; and the granting of the privilege to any company to con- struct a track through any street, is not exclusive ; and the City authorities may grant the same right to other companies, through the same streets or thoroughfares, if they deem it advisable; and the provisions herein contained shall be binding on any company already in existence in the same manner as companies hereafter created. lb., § II. Duty of con- ductor and motor- man of car. Penalty for neg- lect of duty. lb., § 12. Power to or amend. alter Right elusive. not ex- Railroad Crossings. Sec. 724. It shall not be lawful for any person March 12, 1901. or persons to cause the blowing of the whistle of a unlawful to locomotive engine or of any steam plant within the ci°y. limits of the City of Charleston. 278 RAILROAD CROSSINGS. Dec. 8, 1896. Unlawful t o obstruct streets. Limit of speed in City. A man with flag to be stationed at crossings. Flagman to pre- vent vehicles and pedestrians cross- ing. Penalty. Penalty for at- tempting to cross tracks. Sec. 725. It shall not be lawful for any railroad company to obstruct with engines or cars on its tracks the free passage of persons or vehicles through any street intersecting its line within the City limits for a longer period than five minutes, except between the hours of 6 P. M. and 12 P. M. from the ist of September to the ist of October, and between the hours of 8 P. M. and 2 A. M. from the 1st of April to the ist of September, when ten minutes shall be allowed. Sec. 726. It shall be unlawful for any railroad train to run at a speed exceeding four (4) miles an hour within the limits of the City of Charleston south of a line drawn from the Cooper River through Shepard Street to the Ashley River, ex- cept in territory not intersected by streets and it shall be the duty of every railroad company whose tracks run within the City limits (street railways not included) to have at the crossings of every lane, street or alley, except those not used by the public, across which its tracks may run, a man with a white flag during the daytime and a man with a red light during the night time in advance of the engine or train, whose duty it shall be to display said flag or light whenever a train may be approaching such streets, lanes or alleys. Sec. 727. It shall be the duty of the flag-man to prevent the crossing of the railroad at which he may be stationed, by vehicles and pedestrians, when a locomotive or train may be crossing, or approach- ing such street, lane or alley. Sec. 728. Any person or corporation that shall violate any of the provisions of Sections 724, 725, 726 and 727 shall, for each ofifence, be liable to a fine of fifty dollars or imprisonment not exceeding 30 days. Sec. 729. Any person attempting to cross any railroad, after being warned by the flagman, shall be STEAM ENGINES. 279 Unlawful t o get off or on cars when in mo- tion. Proviso. liable to a fine not exceeding ten dollars or imprison- ment not exceeding ten days. Sec. 730. It shall be unlawful for any person or Dec. 8, 1885 persons to get on or off the cars or locomotives of any railroad company while said cars or locomotives are in motion, within the corporate limits of the City of Charleston, under a penalty of not less than one dollar or more than twenty-five dollars, or to imprisonment not exceeding ten days : Provided, That this Section shall not be so construed as to apply to any person or persons employed by said railroad companies in moving or conducting said cars or locomotives. Any railroad company may, upon application to the Chief of Police, have proper persons appointed special policemen for the enforce- ment of the provisions of this Section, but shall receive no pay whatever from the City. The persons so appointed may be removed for cause by the Chief of Police. It is hereby made the duty of the police and detectives to enforce the provisions of this Sec- tion. Steam-Engines. Sec. 731. No steam-engine, or machinery im- Jan- 'l 1845- pelled by steam, shall be erected or established within g;^ °^ bl*«?cte"d the limits of the City of Charleston, unless the ""'e*^ l'^-}'^''^ °'' -' _ ' stone buildings. building or buildings in which such steam-engine or machinery may be contained shall be constructed of brick or stone, and paved or floored in the story wherein the same may be placed, with some incom- bustible material, and the roof of such building be covered with tile, slate or metal, with the chimney of such height as in each instance may be satisfac- tory to the City Council ; nor unless the erection and establishment of such steam-engine or machinery be approved of by the City Council, as hereinafter provided for. Sec. 732. Whenever any person or persons, To be approved by City Council. 280 STEAM ENGINES. lb.. § Plans and spec- ifications to be submitted to Council. Committee t o examine plan and site and report to Council. March 27, iJ No other fuel than steam coal to be used in furnace of such steam-engine. Penalty for us- ing other fuel. Not to apply to engines on Ashley and Cooper Riv- Penalty for erecting steam-en- gines contrary to the provisions of this sub-division. body or bodies corporate or politic, shall desire to erect a steam-engine or machinery within the limits of the City, as aforesaid, he or they shall submit to the City Council the plan and specifications in detail of the proposed steam-engine or machinery; and it shall be the duty of the Committee on Steam-En- gines to examine such plan, and the contemplated site, and report thereon to the City Council, who shall then determine upon the expediency of grant- ing or refusing permission for the erection or estab- lishment of such steam-engine or machinery. Sec. y2>Z- It shall not be lawful at any time or times to use or burn as fuel in the furnace of any steam-engine, or machinery, erected or established within the City, under the authority of this sub-di- vision, or in any fire place constructed for the pur- pose of heating the boiler thereof, any material or substance other than coal, of the quality commonly called steam coal, and any person or persons, body or bodies corporate or politic, who shall hereafter use or burn as fuel in any furnace or in any fire place constructed for the purpose of heating the boiler of any steam engine or machinery, erected within the city under the authority of this sub-divis- ion, any material or substance other than steam coal, as before, mentioned, shall be subject to a fine of one hundred dollars or imprisonment not exceeding ten days, for each day or part of a day fuel of any other material or substance than steam coal shall be so used or burned therein \providcd, that nothing contained in this Section shall extend to steam en- gines or machinery already erected and established, or hereafter to be erected and established, at the edge of the waters of Ashley River or Cooper River. Sec. 734. Any person or persons, body or bod- ies corporate or politic, who shall erect or establish any steam engine, or machinery impelled by steam, within the limits of the City, contrary to any of stea;\i engines. 281 tb,e provisions of this sul^-cli^"ision, and without hav- ing previously obtained the consent and approbation of the City Council, as aforesaid, shall be subject to a penalty of one thousand dollars ; and any person or persons, body or bodies corporate or politic, who shall use, employ or impel by steam, or work any such steam engine or machinery, erected or estab- lished, or to be erected or established, within the City, contrary to this sub-division, shall be subject to a penalty of one hundred dollars for each day or part of a day the same shall be used, employed, im- pelled by steam, or worked. Sec. 735. The City Council shall appoint a com- mittee from their own body, to examine at any and all times into the situation and condition of any steam engine, oil, gas, or electric engine, or machin- ery, with its appurtenances, erected under the authority of this sub-division or otherwise ; and also the building or buildings in which the same may be established ; and if such committee, after investiga- tion, shall think such steam engine, oil, gas, or elec- tric engine, or machinery, with its appurtenances or buildings, dangerous to the health or comfort of the neighborhood, or from liability to accident from fire or explosion arising from defects in the con- struction thereof, or otherwise, they shall report thereon to the City Council, who are hereby empow- ered and required to order the same, or any part thereof, to be pulled down, altered or removed, in such manner and within such reasonable time as Council may deem expedient. And in case the owner of such steam engine, oil, gas, or electric en- gine, or machinery, with its appurtenances, shall refuse or neglect to pull down, alter or remove the same, or such part thereof, in the manner and within the time specified in such notice. City Council shall cause their order thereon to be carried into effect at the expense of such owner, to be recovered in any Council to ap- point Committee to examine en- gines and build- ings. To report dan- gerous engines to Council. Council to or- der removal of dangerous e n- 282 STEAM ENGINES. Penalties for re- fusal. Council to ap- point Committee to examine any engine already erected. Committee t o order spark or steam arresters placed on smoke- stacks. court of competent jurisdiction; and such owner shall further forfeit and pay a sum not exceeding one thousand ($i,ooo) dollars for every such refusal or neglect ; and likewise the sum of fifty ($50) dollars for each day such steam engine, oil, gas, or electric engine, or machinery, shall be em- ployed, impelled by steam, or otherwise, or worked after the expiration of such notice before such alter- ation, correction or removal shall be effected. Sec. 736. The City Council shall appoint a com- mittee to examine at any and all times into the situ- ation and condition of any steam-engine or machin- ery, and their appurtenances, impelled by steam, and the buildings in which the same are contained, already erected and established within the City, and take such proceedings thereon, in every particular, as is authorized on the part of the City Council and its committee, in the next preceding section of this Ordinance; and all the penalties contained in that section shall be applicable and enforced against, and upon the owner of such steam-engine or machinery, with their appurtenances and buildings connected therewith, in the same manner and to the same ex- tent as is provided in the said section.. Sec. 737. That the Committee on Steam En- gines be, and they are hereby, authorized and em- powered to inspect any and all steam plants now and hereafter operating and doing business within the City limits, and wherever, in their judgment, an}^ smokestack, chimney, pipe, or other receptacle for the escape of smoke or steam emits sparks or steam so as to be dangerous or a nuisance, then in such cases, they shall instruct the owner or owners of said plant to place proper spark or steam arresters on said smokestack, chimney, pipe or other recepta- cle for the escape of smoke or steam '.Provided, that in the judgment of said committee it be not imprac- ticable to adjust and use said spark or steam arrest- ers. DISORDERLY BEHAVIOR AND HOUSES. 283 Upon a refusal to comply with the instructions penalty for re- of said Committee on Steam Engines the owner or a,m'mittee. ° '^ ^ ^ owners of such steam plant shall be notified in writ- ing by the chairman of said Committee that, if said instructions are not obeyed and proper spark or steam arresters adjusted, as required by said written notice, within seven days from the date of service of such notice upon said owner or owners, he or they shall be fined fifty dollars, or suffer imprison- ment for not less than thirty da3^s. CHAPTER XVII. DISORDERLY BEHAVIOR AND HOUSES— DISOR- DERLY PERSONS— GAMBLING— SUNDAY. Sec. 738. If any person or persons whomsoever Aug. 15, 1844. shall molest, disturb, interfere with or interrupt any ,. Unlawful t o ^ •' disturb meetings meeting of either of the Boards of Commissioners °^ Commissioners, of the City Institutions or Departments, constituted or organized under the Ordinances now in force, or which may be hereafter passed, or shall assault, strike, menace, insult, molest, or abuse any of the members of either of the said Boards of Commis- sioners or Departments, during his or their attend- ance at any meeting of either of the said Boards of Commissioners or Departments, or while otherwise in the proper discharge of his duty as a Commission- er, such person or persons so offending shall each be subject to a fine of not less than twenty, or more than Penalty, one hundred dollars, or imprisonment not exceeding ten days; and if the offender be an officer of the City, or a person holding or exercising any office, license, privilege, occupation or appointment, derived from or under the authority of the City Council, or under any Ordinance, and if the offence be com- 284 DISORDERLY BEHAVIOR AND HOUSES. All clamorous noises, either in the day or at night, unlawful. Penalty. Proviso. Apl. 9, 1858, §1. Indecent disor- derly conduct, drunkenn ess, quarreling, fight- ing, &c., unlaw- ful. mitted against or during the sitting and in the pres- ence of the Board of Commissioners, to which such person is responsible, accountable and amenable, or to the supervision of which he is subjected by and under the Qrdinances, the said offender shall be subject to be suspended from such office, license, privilege, occupation or appointment, after a full hearing, by the votes of a majority of such Board, for a period not exceeding six months, and shall, during such suspension, forfeit all salary, emolu- ment, fees and advantages attached to such office, appointment or license; and it is declared that the proceedings of such Board, in regard to such sus- pension, shall in no instance be delayed by the pend- ing of any prosecution for the recovery of any pen- alty incurred under this section. Sec. 739. All clamorous crying of wares, sing- ing, whooping, or other obstreporous, wanton and unnecessary noises, either in the day time or at night, calculated to disturb the peace and quiet of the City, whether in the public streets, or within en- closures, public or private, are prohibited, under a penalty not exceeding twenty-five dollars, or im- prisonment not exceeding thirty days : Provided, however, That nothing in this section shall be con- strued to extend to such musical serenades as may be conducted with sobriety and decorum, or to decorous and decent dancing and singing at private houses, public assemblies, or at academies where persons are instructed in the arts of singing and dancing. Sec. 740. If any person shall appear in a pub- lic place in a state of nudity, or in a dress not be- coming his or her sex, or shall make any indecent exposure of his or her person, or be guilty of any disorderly, lewd, or indecent conduct, cursing and swearing, clamorous noises, drunkneness, quarrel- ing, fighting, scurrilous, obscene, indecent, or pro- DISORDERLY HOUSES. 285 fane writing, pictures, marks or figures, on any walls, fences, houses or structures, or shall print, engrave, make, exhibit, sell, or offer to sell, any indecent or lewd book, picture or any other thing, or shall throw from any house or window, water, offal or other matter, upon the sidewalks, shall be subject to a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days. Sec. 741. It shall not be lawful for any person or persons to interrupt or disturb any audience who may be assembled in any place or places of amuse- ment within the city, by any noise or loud talking, indecent. behavior, or other annoyance, which may in any manner interfere with good order and decorum. And every person so offending, upon conviction, shall be subject to a penalty of not less than five nor more than twenty dollars, for each and every offence, or imprisonment not exceeding ten days. A.nd every person so offending may be apprehended by any sheriff, constable, or police offi- cer who may be present. Sec. 742. It shall not be lawful for any huck- ster, vendor or other person to cry fish, shrimp, veg- etables or other commodities in the streets of Charleston for sale before 6 o'clock in the morning or after 9 o'clock at night ■.Provided, hozvever, That on Saturday nights the said parties shall be allowed to cry their wares until 10 o'clock. And any per- son offending against this Section shall, for each and every offence, be subject to a penalty not ex- ceeding five dollars, or to imprisonment not exceed- ing five days. Water, &c., not to be thrown up- on sidewalk. Penalty. Feb. 27, 185s, §1. Unlawful t o disturb audiences at places of pub- lic amusement. Penalty. Oct. 23, 1888. Street cries not lawful before 6 A. M. or after 9 P. M. Penalty. Disord erlv Houses. Sec. 743. Any person who is the keeper or in- juiy n, 1893 mate of a house of ill-fame, or who is the keeper of a house or place used for any lewd, obscene, or in- Disorderly houses defined. 286 DISORDERLY HOUSES. Keeper of a misdemeanor. Penalty. Upon c o m- plaint. Chief of Police to act. lb., § 2. Duty of the po lice. Duty of the Re corder. decent purpose, or who is the keeper of a house of assignation used for any such purpose, or who keeps an indecent and disorderly house by which the peace, comfort and decency of a neisfhborhood are habit- ually disturbed, shall be deemed guilty of a misde- meanor. This section shall be construed to apply to any part or parts of a house used for any of the guilty purposes herein specified. And every person viola- ting this section, or any portion thereof, upon con- viction of such violation in any court of competent jurisdiction, shall be subject to a fine of not less than twenty dollars nor more than eighty dollars, or to imprisonment not exceeding one month for each and every offence. And it is hereby made the duty of the Chief of Police, under the instruction of the Mayor, to enforce the provisions of this sec- tion, upon any complaint made to him by reputable citizens residing or owning property in the neighbor- hood of the permises involved. Sec. 744. In all cases of dancing, riots, noise and disturbance, at such disorderly house or houses, place or places, or any other place, it shall be the duty of the commanding officer at the police sta- tion, or any other commissioned Police officer to repair forthwith to the spot, and commit to the police station, for examination the next morning, the keeper or keepers of such disorderly house or houses, place or places, and the persons in any wise concerned in such dancing, riot, noise or disturb- ance. And it shall be the duty of the Recorder to take the examination of the person or persons so committed, as well of the accusers, and upon satis- factory evidence, either to discharge the parties ac- cused or cause them to enter into recognizance in such sum as he may think fit conditioned for their appearance before the Police Court or any other court of competent jurisdiction to be selected by the said Recorder, to answer to the charges alleged DISORDERLY PERSONS. 287 against them. x\nd the Recorder is hereby author- ized to bind over such witnesses as he may deem fit, to appear, prosecute or give evidence at the trial of said offenders. Sec. 745. The recognizances so taken shall be turned over for prosecution to the court so desig- nated by the said Recorder, and such person or per- sons found guilty of such riotous or disorderly con- duct shall be fined not exceeding one hundred dol- lars, or be imprisoned not exceeding thirty days. Sec. 746. Any person detected in officiating as a musician at such dance or dances, as aforesaid, shall, on conviction be fined not less than fifty or more than one hundred dollars, or be imprisoned not exceeding thirty days, in the discretion of the court. lb., § 3. Recognizance to be handed over for prosecution. Penalty. lb., § 5- Penalty for of- ficiating as a mu- sician. Disorderly Persons. Disorderly per- sons defined. Drunkards. Prostitutes. Sec. 747. The following are hereby declared to Sept. 7. 1895 be disorderly persons : 1. A person who, not having any visible means idiers. to maintain himself, lives without employment. 2. A person who, being a habitual drunkard, abandons, neglects, or refuses to aid in the support of his family. 3. A common prostitute, who has no lawful em- ployment whereby to maintain himself or herself. 4. Any person wandering about and begging, Beggars, or who goes about from door to door, or places himself or herself in the streets, highways, passages, or other public places, to beg or receive alms. 5. Any person, wandering about and lodging Tramps, in taverns, groceries, ale houses, watch or station houses, out-houses, market places, sheds, stables, barns, or uninhabited houses, or buildings or box cars, or in the open air, and not giving a good ac- count of himself or herself. 288 DISORDERLY PERSONS. Offenders to be arrested. Penalty. July 19, 1886. Pool selling un- lawful. Penalty. May 31, 1894. Gambling houses. Gaming. Penalty. May 8, 1900. Lotteries. Sec. 748. Every person so offending may be arrested by any sheriff, constable, or police officer, and upon ' conviction in any court of competent jurisdiction shall be subject to a fine not exceeding one hundred dollars, or imprisonment not exceed- ing thirty days for each and every offence, in the discretion of the court. Sec. 749. It shall be unlawful to bet in or sell a pool or pools within the limits of the City of Charleston upon any horse race, boat race, foot race, base ball or other game, under a penalty not exceed- ing $100, or imprisonment not exceeding thirty days, for each and every offence. Sec. 750. No person or persons whomsoever shall open, keep or maintain any gaming house in any building within the corporate limits of the City, or suffer or permit any description of gaming or playing any game of chance or skill for money, goods, chattels or other things whatever; nor shall it be lawful for anyone to participate or engage in any device of gaming whatever in any building, street, lane, alley, court, park, lot or public way within the City of Charleston. Any person or per- sons violating this section or any portion thereof, upon conviction shall be subject to a fine of not less than fifty dollars, nor more than eighty dollars, or to imprisonment not exceeding thirty days for each and every offence. Sec. 751. If any person or persons shall publicly or privately erect, set up or expose, to be played, drawn or thrown at, or shall cause to be erected, set up or exposed to be played, drawn or thrown at, any lottery or anything whatsoever in the nature of a lot- tery or game of chance for money or any stakes whatsoever, either by dice, cards, lots, balls, num- bers, figures or tickets, or who shall make, write, print or publish, or shall cause to be made, written, printed or published, any scheme or proposal for any DISORDERLY PERSONS. 289 Penalty. April 10, 1900. Unlawful t o follows bands, pa- rades, etc. of the purposes aforesaid, or whoever shah sell or ^^^^ ^^ ^^^^^^ offer for sale any tickets, whether written, printed tickets unlawful. or otherwise, or plan by which a game of chance may be engaged in for money or any other goods whatsoever, shall, upon conviction of any portion of this section, be subject to a fine of not less than fifty dollars nor more than ninety-nine dollars, or to imprisonment not exceeding thirty days for each and everv offence ; one-half of which said fine, if the same be paid, shall be paid to the informer, and the remainder into the City Treasury for the use of the City. That all lottery wheels, wheels of for- tune and all things whatsoever used or employed in the conduct of any such lottery or games of chance, are hereby declared forfeited and shall be publicly broken to pieces and destroyed. Sec. 752. Any person or persons who shall ac- company any band of music, parade, procession of any kind, or any street show, form of advertisement, or sight or amusement, through the public streets of the City of Charleston, such person or persons not being part of or directly connected with the same, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than ten nor less than one dollar, or imprison ment for not more than ten nor less than one day. Sec. 753. No person or persons whomsoever Dec. 31, 1901 shall open, keep or maintain any house, part of a house, or out house or room in any house or build- ing within the corporate limits of the City, wherein or whereat any part)^ or parties are allowed to re- sort for the purpose of using or are permitted to use opium or cocaine in any form whatsoever. No person or persons whomsoever shall sell opium, cocaine or any similar preparation except as a regularly licensed druggist, and in such case .only when directed to do so by and under the authority of a prescription of some duly licensed physician. 19 i_ Penalty. Unlawful sell opium. t o 290 SUNDAY. Penalty. Feb. 13, igoo. Unlawful spit upon walks. to side- Nov. 1902. Unlawful t o trespass or use City property. Penalty. Aii}^ person or persons violating this section or any portion thereof, upon conviction, shall be subject to a fine of not less than fifty dollars, nor more than eighty dollars, or to imprisonment not exceeding thirty days. Sec. 754. That it shall not be lawful for any person or persons to spit on or upon the sidewalks of the City of Charleston. And every person so ofTending, upon conviction, shall forfeit and pay the sum of not less than one dollar or more than five dol- lars, or be imprisoned for not less than five nor more than ten days in jail, for each and every offence. Sec. 755. That it shall be unlawful for any or all persons, firms or corporations, by themselves or their agents or servants, to hereafter wilfully injure, or illegally trespass upon or make use of, any public property of any kind whatsoever belonging to, or in the possession and care of the City of Charleston; And anyone so offending shall, upon trial and conviction, be punishable for each and every offence by imprisonment not exceeding thirty days, or by a fine of not over one hundred dollars, or both, in the discretion of the judge of court trying the same. Sunday. May 2, 1801. No work or business to be done on Sunday. Penalty. Aug. 9, 1892. No goods, ex- cept drugs, milk and ice to be sold on Sunday. Sec. 756. No tradesman, laborer or other per- son whomsoever shall do or exercise any wqi'ldly labor, business, or work of their ordinary callings, on the Lord's day (work of necessity, charity, and the necessary occasions of the family excepted), and every person of the age of fifteen years and up- wards so offending shall, for every such offence, be subject to a fine not exceeding twenty dollars or imprisonment not exceeding ten days. Sec. 757. No person or persons whomsoever shall publicly expose for sale, or sell in any shop, warehouse or otherwise any goods, wares or mer- SUNDAY. 291 No sports, etc., to be allowed. chandise whatsoever, upon the Lord's Day, except- ing drugs and medicines, milk and ice ; and every l)erson so offending shah, for every such offence, be Hable to be fined in any sum not exceeding twenty dollars, or imprisonment not exceeding ten days ; provided, hoivcvcr, that it may be lawful for tlie Exception, proprietors thereof to open ice cream gardens or ice cream shops, soda water fountains, fruit shops, tobacco and cigar shops on Sundays, after the hour of 12 M., and to sell ice cream, soda water, fruit, tobacco and cigars therein, and bread may be sold in bakeries up to the hour of lo o'clock A. M. Sec. 758. No sports, pastimes, public exercises or exhibitions, or games whatsoever, shall be al- lowed on the Lord's Day ; and every person so offending shall, for every such offence, be subject to a fine not exceeding twenty dollars or imprison- ment not exceeding ten days. Sec. 759. If any person or persons, whomso- ever, shall disturb any congregation of people, law- fully assembled at any church or public place of wor- ship, to perform divine service ; or shall at any time cause any riot or disturbance in any of the churches or public places of worship, of any sect or religion within this City, he, she or they shall, for every such offence, be liable to be fined in any sum not exceed- ing twenty dollars, or imprisonment not exceeding ten days. Sec. 760. It shall not be lawful, on Sunday to or for any person or persons riding on horseback or driving any carriage or carriages whatever, to ride or to drive faster than a walk when passing by any church or public place of worship, while divine service is performed and kept in the same. And ev- ery person riding faster than a walk, as aforesaid, shall, for each and every such offence, be subject to a fine not exceeding five dollars, or imprisonment not exceeding ten days ; and every person driving Penalty. Penalty for dis- turbing congre- gations. Unlawful t o ride or drive fast- er than a walk, when passing places of worship on Sunday. 292 SUNDAY. lb., § 2. Police to stop horses on Sunday ridden or driven faster than a walk past churches. To arrest per- sons refusing to desist, and to de- tain horses and carriages. Horses and carriages to be de- livered to their owners if applied for. If not, to be sent to a liv- ery stable. lb., § 3- Police to be sta- tioned before churches. faster than a walk, as aforesaid, shall, for each and every such offence, be subject to a fine not exceed- ing" ten dollars or imprisonment not exceeding ten days. Sec. 761. It shall and may be lawful for any person or persons whomsoever, and it shall be the particular duty of the police, and of every member thereof, to stop any horse or horses, and any car- riage or carriages which shall or may be respectively ridden or driven faster than a walk, whilst passing by any church or public place of worship on Sunday, during the performance of divine service in the same; and, (if the person or persons riding or driv- ing faster than a walk, should not immediately de- sist, ) to conduct each and every of them to the Police Station, and likewise to detain the horse or horses, and the carriage or carriages. And every person so brought to the Police Station, shall again be set at liberty, upon being duly recognized, so as to secure his prosecution before a competent court, unless such person shall previously pay the aforesaid fine of five dollars for riding faster than a walk, or the aforesaid fine of ten dollars for driving faster than a walk, as the case may be, to the commanding officer of the Police Station. And all horses and carriages, detained as aforesaid, shall be delivered up to their respective owners, if applied for within an hour after their detention ; and if not applied for within that time, they shall be sent by the command- ing officer of the Police Station to 'the next livery stable, there to be kept until the expenses of their keeping be defrayed by the respective owners. Sec. 762. The Mayor of the City shall have power and authority to order one or more men of the police force to stand in front of any church or public place of worship during divine service on Sunday; whose duty it shall be then and there to prevent, in the manner aforesaid, all riders and CITY OFFICERS. 293 drivers of carriages from passing by the same faster than on a walk ; also, to cause all carriages of any description whatever to be drawn up and arranged in such manner and form, not obstructing the free passage of any street, as shall be regulated by the vestry or elders of every congregation, at whose place of worship such sentinel or sentinels shall be stationed ; and to take up all disturbers of divine service at or near any such place of worship, to be dealt with according to law. Sec. 76^. It shall not be lawful to open or keep feb. 19, 1856, §. ' ^ Jan. 19, 1858, §1. open any bar room or liquor saloon, or any room u^^^^^^i — ^ or place for the sale of wine, malt, or spirituous liq- keep open bar- .. .. .,^~,. r-1 1 '"ooms on Sunday. uors, withm the hmits of the City on Sunday ; and the owner or keeper of any such room, saloon or place so opened or kept open in violation of the pro- visions of this section, shall be liable to a penalty Penalty. of twenty dollars, or imprisonment not exceeding ten days for each ofifence. CHAPTER XVIII. City Officers — Official Bonds — City Surveyor and Assistant City Surveyor — Clerk of Council — Mayor's Secretary and Custodian of the City Hall. City Officers. Sec. 764. The regular time for the election of Oct. s, 1805, §1. such City officers as are annually or biennially or May u', 1897. quadriannually elected by Citv Council shall be the Time for the , rr-i , . _ 1 r- ■ r annual election of second luesday m January or the hrst meeting of city officers. Council thereafter, except as herein otherwise pro- vided ; and it shall be the duty of the Clerk of Coun- cil, ten days before such time, to give notice in one or more newspapers of the City of the officers to be elected, and the time on which such election shall take place. 294 CITY OFFICERS. lb., § 2. Vacancies. Oct. 13, 1806, §9. Officers of pub- lic institutions to be annually elected. May 9, 1808, § I. Power of Com- missioners to dis- charge their offi- cers. Proviso. Oct. 13, 1806, §10. Vacancies, how filled. lb., § II. Elections b y C o m m i s sioners to be approved by Council. Sec. 765. In case of vacancy in any of the offi- ces of the City, either by death, resignation, or re- moval, pnl^Hc notice of an election to fill the vacancy shall be given as aforesaid ; and the person or per- sons so elected shall hold their office or offices for the balance of the term. Sec. 766. All persons employed in the public in- stitutions and departments of the City, whose elec- tion is delegated to the Commissioners thereof, re- spectively, shall be annually elected by such Com- missioners. Sec. 767. The Commissioners of each and every institution appointed by the City Council, or the Mayor, and to whom power is given to appoint offi- cers under them, are authorized and empowered to remove all such officers, whensoever they may think proper : Provided, ahvays, That such removals from office shall be previously sanctioned by a vote of the City Council. Sec. 768. Whenever any person employed in any public institution or department of the City re- signs or dies, or is removed from office, a new elec- tion shall be held within a fortnight afterward, (un- less otherwise ordered by the City Council,) ten days' previous notice thereof having been given in a City paper, to fill the vacancy during the unexpired term, for wdiich such office or employment had been conferred on the person so retiring, dying or re- moved. Sec. 769. All and every election of a person or persons, employed in any of the public institutions or departments of the City, whose election is com- mitted to the respective commissioners thereof shall be subject to the approbation of the City Coun- cil ; to which end the chairman of every Board of Commissioners shall, immediately after such- an election hath been held, give to the City Council official notice of the same, and of the person or per- CITY OFFICERS. 295 sons who shall have been elected. And if the City Council should not approve of any person elected by the Commissioners aforesaid, it shall be the duty of such Commissioners to fill the vacancy thereby occasioned, by a new election of another person, within the time and in the manner above prescribed, and submit every such new election to the City Coun- cil for their approbation. Sec. 770. If the City Council should at any ib., § 13. time, dispense with the appointment of Commission- if Commission- ^ ,,.... , ers should not be ers 01 any public mstitution or department of the elected, or should ^•, -r -p, 1 r /-^ • • 111 resign, Aldermen City; or it any Board of Commissioners should shaii perform the refuse to accept of their appointment, or should re- sign before the expiration of the term for which they were appointed, the Aldermen of the City, or a committee of their body, shall perform all the func- tions and exercise all the powers appertaining to such Commissioners, until a new Board shall be appointed by the City Council. Sec. 771. Every City officer who is not entitled ib., s 16. to any fee, emolument, commission, or perquisite. Penalty on city by virtue of any Ordinance, who shall charge or take gai fees. any fee, emolument, commission, or perquisite what- ever, for any act or service done in his official capac- ity ; and every City officer who shall charge or take any fee, emolument, commission or perquisite, higher than what he is entitled to, shall, on convic- tion thereof, be dismissed from his office, for such malpractice and want of good behavior. Sec. y'/2. The persons employed in the Orphan ib., § 18. House, Alms House, and City Hospital, shall, in Rations to be addition to their salaries be entitled to such rations certain institu- for their subsistence, and to such other emoluments for their services, as the respective Commissioners of the said public institutions may think proper to allow them respectively, subject always, neverthe- less, to the control of the City Council. Sec. 773. The City Council shall, at all times. 296 CITY OFFICERS. lb., § 19. Council empow- ered to alter sal- aries, and to pre- scribe additional duties. Oct. 10, 1826, §15. City officers to be residents of the City. lb., § 16. All officers sub- ject to removal. Oct. 26, 1840, § 8. Officers forbid- den to take con- tracts. have a right to alter the salaries, compensations, emoluments and perquisites of all City officers, and any or either of them, as to them may seem fit and expedient, except the salary of the Recorder; and also, to prescribe to the City officers, and any of them, such other and additional duties and regula- tions as they may think proper in regard to their respective offices. And so shall likewise the Com- missioners of the Public Institutions and Depart- ments of the City be authorized and empowered to prescribe, from time to time, to the persons em- ployed by and under them, respectively, such other and additional duties and regulations as to the said Commissioners may appear suitable and meet. That all changes in the salaries of the City officers made by this Ordinance shall take effect on the first d^ of January, 1904. Sec. 774. All City officers hereafter to be elected by the City Council, shall be residents of the City of Charleston, during the period for which they, or either of them, have been elected; and no City offi- cer shall be permitted to leave the City for a longer period than one week, without first obtaining the permission of the Mayor or Council, on pain of for- feiting his or their office or offices. And in case any officer shall leave the City, as aforesaid, without per- mission, the Council shall proceed to the election of another officer or officers, to supply the vacancy hereby declared. Sec. 775. Each and every City officer, elected by the City Council of Charleston, shall be subject, at any time, to be removed from office by Council, for such causes as to them shall seem sufficient, after a full hearing of the case. Sec. 776. No person holding an office under the City Council, or under any of the Boards of Com- missioners appointed by Council, shall be the con- tractor for, or undertake any building, work, or OFFICIAL BONDS. 297 repairs to be executed by Council or any of the said Boards, under penalty of the forfeiture of the said office, to be vacated by order of Council.. Sec. jyy. It shall and may be lawful for any of Feb. 12, 1895- the Boards elected by City Council, if in their judo-- ^^^^\ may elect •' •' . o"e of Its mem- ment it is best so to do, to elect one of their num- ^^''/^s Secretary and Ireasurer. ber to serve as Secretary and Treasurer or Secretary or Treasurer and to pay such officer so elected for his services ; Provided, however,, That in such case Proviso, the said officer shall not vote as a member of said Board on any question in which he or his office may be interested. Official Bonds. Sec. 778. Every applicant for an office or em- 0^^-13, 1806, §12. ployment, either in the gift of the City Council, or city^^'oS ^to of the commissioners of any of the public institu- "^'"^ sureties, tions or departments of the City, shall mention in his letter of application his surety, or sureties, if such be required: and shall, within a fortnight after being elected, give his bond, with such surety or g„^°"^ *° "^^ ^'^'" sureties, and in such a sum as shall be approved of. and demanded by, the City Council, or by the re- spective Commissioners, by whom he hath been elected as aforesaid. Sec. 779. All bonds required of City officers Jan- n, 1845. §^- shall be drawn payable to the City Council of J^?'^'^l**°'i^ °^ '- •' ■' official bonds. Charleston, and conditioned for the faithful per- formance of all the duties of the respective officers, as they are now, or hereafter may be, defined and set forth by the Ordinances of the City now in force, or which may be hereafter passed ; and also, that the said officers, respectively, shall pay all fines and for- feitures which may, during their term of office, be imposed on such officer by vote of the City Council, or any of the Boards of Commissioners or depart- ments under whose appointment such person may 298 OFFICIAL BONDS. March 27, 1900. Oct. 10, 1826, §7. Bonds to be approved by Council. Upon failure of any person to give bond, his office declared va- cant. 27 March, 1900. How Bonds are to be examined. hold his office, for neglect or default of any of the duties prescribed, or to be prescribed by the City Ordinances; and, further, that such officer shall well and truly account to the City Council, whenever required, for all property and moneys belonging to the City, or any of the Boards or Departments under the City Council, which shall or may come into his hands by virtue of his office ; and the bond of the Clerk of the City Court shall contain the fur^l^er condition, that the Clerk shall and will well and truly perform the duties of his office, as now or hereafter required by law, during the whole period he may continue in office. Sec. 780. All and every bond or bonds, with the respective securities required to be given by any Ordinance, shall, before they are accepted or re- ceived, be referred to the Committee on Official Bonds, who shall examine the same and report to Council ; the said bonds when approved and exe- cuted shall be recorded in the office of the Register of Mesne Conveyance for Charleston county, and if any person elected to any office shall fail to provide and perfect the security required of him, respect- ively, within the time required by this Ordinance, the office of such defaulting officer 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 deem proper. Sec. 781. The bonds hereafter to be given for the faithful performance of the duties of the City officers shall be examined by the Mayor of the City, together with the Committee on Official Bonds, for the time being, at such times as they may ap- point ; but not less than twice in each and every year. If any of the securities on either of the aforesaid officers' bonds should die or depart permanently from the State, or if the Mayor and the Committee aforesaid should, at the time of their examination. OFFICIAL BONDS. 299 1 n the event of the or at any other time, be of the opinion that either of the said securities is not worth as much, clear of debt, as the proportion of the obHgation to which his name is affixed, to which security would be lia- ble, if all the other parties to the said bond were per- fectly sufficient and solvent, they, the Mayor and the Committee aforesaid, shall cause the said City the^'^^vent°" officer to be notified of such exception ; and the said '^^^^^ /"^ insoiv- " ency of securities. officer shall, within thirty days after the service of such notification, procure other security satisfac- tory to the City Council, for such as have departed the State or died, (but shall not cancel or impair the original bond,) or produce satisfactory evidence to the City Council that the security objected to as insolvent is worth as much clear of debt, as the said obligation, according to the provision aforesaid ; or else the said City officer shall procure such addi- tional and sufficient security and securities as the said City Council shall approve, and in default of compliance with either of the said requisitions within the said thirty days the office of the said default- ing City officer shall be regarded as vacant. Provided, That nothing in this section contained shall be deemed, taken, or construed to render the bond or bonds required to be given by this Ordi- nance otherwise than joint and several, and the Bonds to be parties thereto liable thereon, jointly and severally, ^°*"* ^""^ several, for the whole amount of the said bond or bonds. Sec. 782. It shall be the duty of the head of each department of the City, the Chairman of each of the public Boards, and City officers in charge of special duties, at the close of each calendar year, to make, in addition to the reports required by this Ordinance, an annual report in writing to the Mayor, not later than the tenth day of January of each year, of the transactions or business of the pre- ceding year. Heads of de- partments to make annual re- ports. 300 CITY SURVEYOR AND ASSISTANT CITY SURVEYOR. Sept. 12, 1893. Election. Duties. Nov 25, 1902. Duties continued. City Surveyor and Assistant City Surveyor. Sec. 783. The City Council shall, on the second Tuesday of January, 1894, and forever thereafter, on the same day in every fourth year, elect a com- petent, scientific person, skilled in engineering, ar- chitecture and surveying, to be styled the City Sur- veyor, and a competent person, similarly skilled, to be styled the Assistant City Surveyor, and whose duty it shall be to assist the City Surveyor in the performance of his several duties. Sec. 784. It shall be the duty of the City Sur- veyor to do all civil engineering required by the City Council in the prosecution of all works of public improvement of this character referred to him; and to do such other surveying required by this Ordi- nance, or as may be needed, for public street, public lands, and for the mode and direction of both public and private drainage, upon the application for such services by the Mayor, the Superintendent of Streets, or the respective committees of those de- partments, or the citizens. And all public works referred to this department shall be paid for upon the certificate of the City Surveyor, approved by the Mayor and Chairman of Committee in whose de- partment such work may have been done. Sec. 785. The City Surveyor, or, under his direction, the Assistant City Surveyor, shall furnish to the Superintendent of Streets, at his request, the plans, levels, elevations and grades of all sidewalks and street paving, and of all drains, pipes for gas, water or sewerage, or plans of any other public work in charge of the street department, including the tracks for railways ; and it shall be the duty of the City Surveyor to inspect the work during its pro- gress, reporting to the Superintendent of Streets any deviations from the plans, elevations or grades as given by him, or by the Assistant City Surveyor ; CITY SURVEYOR AND ASSISTANT CITY SURVEYOR. 301 but should such deviation be not promptly corrected, the City Surveyor shall report that fact in writing to the Mayor. It shall also be the duty of the City Surveyor, whenever new streets are laid out, or when any of the present streets are extended, or when re- quired to give street lines at the intersection of streets, to place or to have placed, a stone block, or a mark of some other durable material, at each inter- section of streets, to be so placed as not to project above the surface of the roadway and on the true point of intersection. That a record shall be kept by the City Surveyor of each point so marked. It shall also be the duty of the City Surveyor to have the care of and keep in repair all signs now erected or which may hereafter be erected, throughout the City of Charleston, designating the names of the various streets. Sec. 786. The City Surveyor shall be furnished June 12, 1871. bv the City with suitable instruments, and an office Office and in- 1 r -1 1 -1 • 1 /—• TT11 struments. properly lurnished, either m the City hlall or some other convenient location, which shall be kept open during the usual business hours. He shall keep care- Records, fully, as City property, all maps, plats, profiles, drawings, estimates, books, instruments, and other things appertaining to his office; and shall also keep therein, in convenient forms, copies of all papers and communications made by him to any department or office in the City. Sec. 787. The City Surveyor shall receive a sept. 12, 1893. salary of eighteen hundred dollars per annum, paya ^'^'^ ^' ' ^^' ble monthly ; the Assistant City Surveyor shall re- ^'^"^^■ ceive a salary of one thousand dollars per annum, payable monthly, which salaries shall be in full pay- ment of all salaries, fees and emoluments whatso- ever, and the said compensation shall also be in full payment for any services which may be rendered by them, or either of them, in locating and fixing the grades and levels for gas, water, sewerage or other 302 CITY SURVEYOR AXD ASSISTANT CITY SURVEYOR. June 13, 1871, §10. Bond. May 19. 1857- The level of the street to be ascertained before cutting down the surface of the lot. lb., § 2. Penalty for cut- ting down the surface of any lot before ascer- taining the level of the street. Aug. 15, 1844. N o building, &c., to be com- menced before the line of street has been laid off. pipes or for tracks for railways in or on the streets of the City, or for any other pubhc work. Sec. 788. The City Surveyor and Assistant City Surveyor, before acting as such, shall each, respect- ively, give bond and surety, to be approved by Coun- cil in the penal sum of two thousand dollars, con- ditioned for the faithful performance of the duties of his office ; and that he is not, and will not, whilst in office, be directly or indirectly concerned or inter- ested in any City contract. Sec. 789. It shall not be lawful for any person to excavate, cut down, or reduce the surface or level of any lot or lots, within the limits of the City, be- fore he shall have applied to the City Surveyor, who in conference with the Mayor, shall ascertain and fix the proper level of the street, lane, alley, or court upon which such lot bounds, touches, or adjoins, and give a certificate thereof to the party applying. Sec. 790. If any person shall excavate, cut down or reduce the level or surface of any lot or lots within the limits of the City, without having first made application to the City Surveyor, as aforesaid, or before the level of the street, lane, alley or court, shall have been ascertained and fixed by the City Surveyor, as aforesaid, or below the proper level of the street, lane, alley, or court,, as ascertained and fixed by the City Surveyor, as aforesaid, he or she shall for every such offence be subject to a penalty not exceeding five hundred dollars, or imprisonment not exceeding thirty days. Sec. 791. No owner or builder of any house or other structure in the City shall dig or lay the foun- dation thereof in front of any street, lane, alley or court, or shall erect any wall or fence fronting as aforesaid, before he shall have applied to the City Surveyor or Assistant City Surveyor, who shall lay off and mark out the true front line or boundary of such street, lane, alley or court, and give a cer- CLERK OF COUNCIL. 303 Penalty f o r commencing build- ing, &c., before tificate thereof to the owner or builder, who shall file the same in the office of the City Assessor be- fore any permit be issued for its erection. Sec. 792. If any person shall commence any foundation, building, wall, or fence, upon any lot I- , .... , 1 1 • r , the line of street or piece of ground, adjomuig the hue of any street, has been laid off. lane, alley, or court, within the City, not having made application to the City Surveyor or Assistant City Surveyor, and before the line of the street shall have been laid off and marked out by the City Sur- veyor or Assistant City Surveyor, in the manner above directed, or contrary to the line so laid off and marked out, every such person, as well as em- ployer as master-builder, shall, for every such of- fence, be subject to a fine not exceeding five hundred dollars, to be recovered by action in any court having competent jurisdiction; and, moreover, all buildings and work done, or put up without such application to the City Surveyor or Assistant City Surveyor, or contrary to the line of the street which shall be laid off and marked out by him, shall be demolished by order of the City Council, at the charge and ex- pense of the person herein offending as aforesaid. Clerk of Council. Sec. 793. It shall be the duty of the Clerk of Council to keep the journal of Council, and to copy the same fair, and make an index thereto; and en- gross, for ratification, all Ordinances passed ; and shall furnish the several offices of the City, and all other persons as he shall be directed by the City Council, with transcripts of all such resolves and Ordinances, or parts thereof, as may be necessary for their guidance or information ; and he shall at- tend all the meetings of Council ; and shall receive and deliver all petitions, memorials, informations, or aplications that may be made. Oct. 30, 1787 Duty Clerk. of the 304 MAYOR'S SECRETARY AND CUSTODIAN OF THE CITY HALL. Office hours. Clerk pore. Salary. pro tern- May II, 1897. E 1 e c tion of Clerk of Council and bond. Sec. 794. The Clerk of the City Council shall open his office at the Council Chamber, every day. at 9 o'clock A. M., and personally attend there, until 3 o'clock P. M.. (Sundays and general holidays ex- cepted,) in order to transact such business as shall or may appertain to his office ; he shall also open the Council Chamber for any member of the City Coun- cil, whenever he or they wish to resort thereto, and shall shut it again, after they retire. Sec. 795. In case of the unavoidable absence or sickness of the Clerk the Mayor shall appoint a Clerk pro tempore, who, during such appointment, shall perform all duties of the Clerk. Sec. 796. The pay of the Clerk of Council shall be at the rate of eighteen hundred dollars per an- num, payable monthly, and he shall be entitled to no fees of any service performed by him. Sec. 797. That the Clerk of Council shall be elected on the third Tuesday in November, 1906, and on the same day in every fourth year thereafter ; and he shall give bond to the City Council of Charleston in the penal sum of two thousand dol- lars, conditioned for the faithful performance of his duties. Mayor's Secretary and Custodian of the City Hall. Election. March 26, 1895. To have charge of City Hall. Sec. 798. The City Council shall, on the second Tuesday in January, A. D. 1905, and on the second Tuesday in January in every fourth year thereafter, elect a fit and proper person to perform the duties of Secretary to the Mayor, and who shall also be custodian of the City Hall. Sec 799. The Mayor's Secretary and Custodian of the City Hall shall take charge of the City Hall and shall attend in person daily (Sundays ex- cepted), at the City Hall, in the Mayor's office, from the hours of 9 A. M. to 3 P. M. ,and also be MAYOR'S SF.CRETARY AND CUSTODIAN OF THE CITY FIALL. -jqc in readiness at all other times promptly to obey all instructions, and render such services as may be required by the Mayor of the city. And it shall, moreover, be required of said officer, to keep a serx-ant in attendance at the City Hall, for the pur- pose of keeping the same always clean and in good order, which said servant shall also act as janitor of janitor. the City Hall, and shall be amenable to and gov- erned by such rules and regulations as may from time to time be adopted by the committee in charge of the City Hall and approved by City Council. Sec. 800. It shall be the duty of the custodian of June 26, 1818. §2. the City Hall at all times to have the City Hall kept Duties, clean ; he shall cause the several officers of the city, located in the City Hall, to keep their respective offices in good order. Sec. 801. The custodian of the City Hall is au- Authorized to •^ . take into custody thorized and required to take into custody, or in- ""y one injuring ' , , City Hall. form agamst ,any person or persons who shall break any of the doors or windows, deface the pillars, wainscoating, or walls, by cutting or carving there- upon, break or injure the steps, staircase, balus- trades, or balusters, or shall injure, damage, deface or dirty any part of the inside or outside of the City Hall of Charleston, or the outbuilding or cis- tern attached thereto, or shall force open any of the doors, windows or grates, or climb on or over the Ijalustrade or railing, or shall refuse or neglect (on being required by the custodian), to go out of the same, when detected in violating any part of this section ; or insult or molest or obstruct the custodian of the City Hall in the execution of his duty, and r>enaity. e\'€ry such person or persons so offending shall, on conviction, be subject to a fine not exceeding one hundred dollars, or be liable to imprisonment not exceeding thirty days; the one-half of the fine to the informer and the other moiety to the use and benefit of the city. And the offender or offenders 20 306 Feb. 12, 1896. Salary. PARK COMMISSIONERS. committing any riot or quarrel in said building, or the lot or square attached to the same, or which shall or may be attached thereto, shall also be liable to be prosecuted therefor under the laws of the State of South Carolina. Sec. 802. The Mayor's Secretary and Custodian of the City Hall shall receive as a compensation for his services an annual salary of twelve hundred dollars, payable monthly. CHAPTER XIX. PARK COMMISSIONERS— PARKS AND PLEASURE GROUNDS. THE BATTERY WHITE POINT GARDEN COLONIAL COMMON WASHINGTON SQUARE MARION SQUARE WRAGG MALL. Park Commissioners. Ap!. 9, 189s. §1- Board established. Composition. Term of office. Vacancies, bow filled. Duties. Sec. 803. That a Board of Park Commissioners for the City of Charleston be and is hereby estab- lished, of which Board the Mayor shall be a mem- ber. Sec. 804. That the said Board shall be composed of the Mayor, as aforesaid, and nine citizens, to be nominated by the Mayor and confirmed by City Council, who shall serve without compensation for the term of four years from the date of their con- firmation and until their successors shall have been nominated and confirmed. All vacancies in the said Board from death, resignation, removal from the City, or other causes, shall be filled in like man- ner as the original appointments. Sec. 805. That the said Board shall take charge and have the entire management, control and regu- DATTEKV— WHITE POINT GARDEN. 307 lation of all pleasure grounds, squares and parks be- longing to the City Council of Charleston, whether situate within or without the limits of the said City, subject, however, to all City Ordinances re- lating thereto, and is hereby vested with power and authority to lay out such pleasure grounds aiid parks with avenues, walks and paths, and to make such other improvements and embellishments there- in as they may deem proper: Provided, however, That nothing herein contained shall be construed to apply to Colonial Common and Ashley River Em- bankment or to Marion Square. Sec. 806. That no contracts or engagements for the improvement, management or regulation of the said pleasure grounds and parks shall be made until the City Council shall have so directed, or shall have made an appropriation for park purposes, and the said board shall make an annual report to the City Council of all moneys which shall have been received and disbursed. Sec. 807. That the said board are hereby especially authorized, empowered and directed to take charge of and control of all lands situated within or without the city limits which have been or may be purchased by the City Council for park purposes, upon the acceptance of titles Iw the proper authorities ; and may construct roadways and ap- proaches to said lands out of any moneys which may be appropriated for the uses of the said board. Proviso. Contracts, made. how To take charge of the property. Battery — White Point Garden. Sec. 808. No fishing or other boat or boats shall be allowed to make fast, or moor with their fasts, to that part of East Bay Street, called the Battery, and no fisherman or any person or persons whomso- ever shall be permitted to land from their boat or boats on the Battery, or to embark from it on a fish- May 22, 1827, §1. b'ishiriR boats not to be niailc fast to Battery. 308 BATTERY— WHITE POINT GARDEN. Fishing nets not to be hung upon railing of Battery. July 30, 1838, §8. Indecent and disorderly c o n- duct punished. Not lawful to secure any vessel t o railings a t White Point Gar- den. Dec. 13, 1838, §1. ITorses or mules not to he allowed in White Point Garden. ing or any other expedition, or to load their boat or boats from the Battery with fishing utensils, or any other articles ; and no fish or any articles of sale shall be exposed or offered for sale at any time on the Battery ; and no fishing net or nets, seine or seines, shall at any time be hung upon the railing of the Battery, or any other part of it, , under a penalty of ten dollars. Sec. 809. Any violation of the rules and regula- tions of the Board of Park Commissioners, and all indecent and disorderly conduct, cursing and swear- ing, clamorous noises, drunkenness, quarreling, fighting or profanity, committed within any of the parks, or on any lands designated for park purposes, or on either of the Batteries, shall be punished in the same manner as the same offences are now di- rected by law to be punished when committed in any other portion of the city. Sec. 810. It shall not be lawful for any person or persons to secure or moor with their fasts an^ vessel, boat or raft, to any part of the railing at White Point, constructed by the City Council, lead- ing from that part of East Bay called the Battery to South Bay street, or to land thereon from any boat, vessel or raft, any boards, lumber, or other ma- terial ; and if any person or persons shall violate or transgress any of the provisions contained in this section, such person or persons shall be subject to a fine of fifty dollars, to be recovered in any court of competent jurisdiction, one-half of which penalty shall go to the informer, or imprisonment not ex- ceeding ten days. Sec. 811. No person or persons shall ride, lead, or drive any horse or horses, mule or mules, with- in the enclosure of the White Point Garden, under a penalty of five dollars for every such oft'ence, to be recovered in any court of competent jurisdiction, the amount of the fine to be given to the informer, COLONIAL COMMON. 309 and the owner or owners of any liorse or horses, mule or mules, found within the enclosure of the said garden, shall be liable to the above penalty. Sec. 8 1 2. No person or ])ersons shall lead or ib., § drive any cow or cows, hog or hogs, within the en- Not to lead or 1 (-iTun-T^'/^i 1 Jiive cows or closure oi the White roint (jarden, under a penalty hogs within Gar- of five dollars fine or ten days in jail for every such offence, to be recovered in any court of competent jurisdiction, the amount of the fine to be given to the informer ; and the owner or owners of any cow or cows, hog or hogs, found whhi the enclosure of the said garden shall be liable to the above penalty. Sec. 813. It shall not be lawful for any persons, -March _-, 1881. companv or companies organization or organiza- Not to be used . . , „ , ^ for celebrations, tions, to use that portion of the South Battery &:c. known as White Point Garden, for public proceed- ings, celebrations or festivities of any kind whatso- ever, and if any person or persons shall violate any of the provisions contained in this section, such per- son or persons shall be subject to a fine not exceed- ing fifty dollars or be imprisoned for a term not ex- ceeding thirty days. Sec. 814. It shall not be lawful for anv person N"t lawfui to . ' , smoke on the or persons to carry or smoke any lighted cigar or Rattery. pipe, or cigarette, on East Battery or White Point Garden, between the hours of fi^e and eight P. M. from the first day of May to the first day of Oc- tober, and between the hours of four and seven P. M. from the first day of October to the first day of May. Any person violating the provisions of r.;iaity. this section shall pay a penalty of five dollars, or be imprisoned for ten days. Colonial Coininon. Sec. 815. That, Whereas, by an Act of the Gov- Aug. 9, issi. ernor and Council and the Commons, House of As- Preamble. sembly of the then Royal Province of South Caro- 310 COLONIAL COMMON. lina, entitled "An Act to appoint and authorize Commissioners to cut a Canal from the upper end of Broad Street into Ashley River, and to reserve the vacant marsh on each side of said Canal, (now Broad Street,) for the use of a Common for Charles Town, and for other purposes," it was en- acted by the fifth section thereof: "That all the va- cant marsh land lying on each side of said Canal, (now. Broad Street,) hereby directed to be made on the East side of Ashley River, within the limits of Charles Town, shall forever hereafter be reserved and kept for the use of a Common for Charles Town ; and any grant that may be made or obtained for the same or any part thereof, is hereby declared to be absolutely null and void;" And, whereas, the Court of Common Pleas for Charleston County did, with the consent of City Council, on the fifth day of July, 1881, make and enter of record a decree, which is in words follow- ing: The State of South Carolina, ) In the Coiii- Charleston County. ) mon Picas. Thomas O'Brien, George Buist, E. L. Kerrison, A. H. Hayden, A. B. Mulligan, R. H. McDowell, Jr., Ed. T. McDowell, J. H. Lopez, H. H. De- Leon, J. H. Colburn, J. H. Schulte and James B. Campbell, Plaintififs, against The City Council of Charleston and Patrick P. Toale, Defendants. Decree. On hearing the pleadings and arguments of coun- sel in this cause it is, therefore, adjudged nad de- creed as follows : I. That all the remaining marsh lands dedicated by the Colonial Government in 1768 as a Common, which have not been already sold by the City Coun- COLONIAL COMMON. oil of Charleston, shall forever hereafter be and be held, used and kept as and for a Common for the use of the people of Charleston. 2. That the City Council of Charleston shall pro- vide for the appointment of a Board of Commis- sioners, who shall have the care and administra- tion of said Common and of all funds to be ex- pended upon its improvement. 3. That the account prayed for from the City Council of Charleston shall extend only to the rents received for the premises, and shall go no further back than the date of the lease by the City Council to P. P. Toale, referred to in the pleadings, that is to say, the twenty-second day of April, 1875 ; said rents and all further rents henceforth to be applied to the improvement and beautifying of said Com- mon and the paths and the walks around it, and also to the extension of Lynch or Rutledge Street, or both, to Tradd Street; and also to the re-pur- chase, if that be possible, of the space between Rutledge Street extended and Broad and Tradd Streets, in the hope that at some future day Lynch Street may be extended to the West end of South Bay, and thus an agreeable drive or boulevard opened from the Battery through the whole length of the West side of the City to its most Northern limits. 4. That any of the parties to this cause have leave to apply at any time hereafter for any further order at the foot of this decree. That nothing herein contained shall be so con- strued as to interfere with or afifect in anywise the rights of any of the lessees of any of the lands which are the subject of this suit. J. B. KERSHAW, July 5, 1 88 1. Presiding Judge. I consent under a resolution of the City Council. G. D. BRYAN, Aftoniey. 311 312 WASITTNGTON SOUARK— MARION SQUARE. lb., § I. Sec. 8 1 6. That, in pursuance of the above re- Appointment of cited decrec, a Board of Commissioners to be known ^"^'"'^- as Commissioners of "The Colonial Common and Ashley River Embankment" is hereby constituted, to consist of the Mayor, ex-ofUcio, and ten citizens to be appointed by nomination of the Mayor and confirmed by City Council. All vacancies therein shall be filled in like manner, Tb,. § 2. Sec. 817. It shall be the duty of said Board to Duly of Board. Carry into effect the above recited decree, and to have the care and administration of said Colonial Common and Ashley River Embankment, and of all funds to be expended upon its improvement. ^'^■' ^ 3- Sec. 818. Said Board shall organize by appoint- Organization of jnor quc of its membcrs as Chairman and another as Board. ^ Secretary, and shall keep in writing regular minutes of their proceedings, and shall report annually, or oftener, if required by City Council, their acts and doings, and shall have power to make all proper by-laws necessary or convenient for conducting their business and advancing the purposes of their creation. Washington Square. Oct. 25, 1 881. Sec 819. That from and after the tenth of Oc- Washington tobcr, 1 88 1, the Centennial of the surrender at " ''""'^'^" Yorktown, the public square in the City of Charles- ton bounded by Broad, Meeting and Chalmers Streets, shall be known as "Washington Square." Marion Square. Oct. 24, 1882. Sec. 820. That the grounds bounded on the Sfinare named. North by the buildiugs of the South Carolina Mili- tary Academy, East on Meeting Street, South on Calhoun Street, and West on the Central Police Station and King Street, now held in trust by the City Council of Charleston and the Board of Field VVRAGG MALL. 313 Officers of the Fourth Brigade South CaroHna Vol- unteer troops for the use of the said Fourth Brigade as a parade ground, and for the citizens of Charles- ton as a public mall shall be hereafter known as Marion Square. Sec. 821. That the management and control of ]?oaid created, said Square be and is hereby vested in a Board of Seven Commissioners, three of whom shall be elected by the City Council of Charleston, three by the Board of Field Officers of the Fourth Brigade South Carolina Volunteer Troops, and the Superin- tendent of the South Carolina Military Academy shall be cx-officio a member of said Board. Sec. 822. That the said Board shall have power Powers of Boarri. to make all such rules and regulations as may be necessary for their own government, and for the use, improvement and preservation of the said Square : Provided, liozvevcr. That such rules and regulations shall be approved by the City Council of Charleston and the said Board of Field Officers. Sec. 823. That the Board hereby appointed Duties, shall have the management and expenditure of all moneys which may be appropriated for the improve- ment and preservation of the said Square, and shall annually, or oftener if required by the City Coun- f cil of Charleston, report their actings and doings to the said City Council and Board of Field Officers, with a statement of all moneys received and ex- pended by them. Wragg Mall. Sec. 824. Whereas, certain public grounds in Preamble. the Northeastern section of the City known as Wraggboro' are not as well described and desig- nated as should be, and as these pleasure grounds have been given for the comfort and convenience of the people of Charleston by the late Mr. Samuel 21 314 NAMES Ol' CERTAIN STREETS CHANCED. Wragg, and should be forever preserved in his name for the use of the people of this City. Mall defined. That the pleasure grounds in Ward 7, bounded .by Meeting Street on the west. Wragg Street on the north, Elizabeth Street on the east, and Ann Street on the south, shall be known as "Wragg Mall.'" April 23, 1901. Name of Friend Street changed to Legare Street. Dec. 30, 1901 W a y s . a n d Means to renum- ber houses in Citv. Feb. 14, 1902 To change names of certain Streets. NAMES OF STREETS CHANGED. Sec. 825. That the name of Friend Street he changed to Leg"are Street, and the houses and lots thereon renumbered as a continuation of the said Legare Street. Sec. 826. That the Committee on ^Vays and Means be. and they are hereby authorized and em- powered to renumber the houses of the City of Charleston on the centigrade plan, diverging from a common centre, namely : The corner of King and Calhoun Streets, and that hereafter all streets below Calhoun Street running north and south, shall have the word "south" affixed to their present name, and all streets north of Calhoun Street running north and south, shall have the word "north" affixed to their present name, and all streets east of King Street running east and west, shall have the word "east" affixed to their present names, and all streets west of King Street running east and west, shall have the word "west" affixed to their present names. Sec. 827. That the following changes in the names of the streets in the City of Charleston be, and they are hereby made : Colleo^e Street chanoed to Glebe Street i'^"' Middle Street changed to Alexander Street. DISPENSARY. Laurel Street changed to Ashe Street. Sires Street changed to St. Phihp Street. Mount Street and Jackson Street changed to Sumter Street. Romney Court changed to Romney Street. Hope Place changed to Race Street. First Street changed to Williman Street. Second Street changed to Isabella Street. 315 DISPENSARY. Sec. 828. It shall not he lawful for any person Sept. 10, 1901. or persons, firm, association or corporation to manu- Unlawful to sen facture, sell, dispense, barter or exchange, receipt or "'""' " . ' accept, for unlawful use, resale, delivery or storing and keeping in possession, within the corporate limi'ts of the City of Charleston, any spirituous, malt, vinous, fermented, brewed ( whether lager or rice beer) or other liquors, by whatever name known, containing alcohol, and which are used as a beverage, save and except in strict accordance with all the pro- visions, limitations and restrictions of the Acts of the General Assembl}' of South Carolina, known as the Dispensary Law. Sec. 829. That any and all violations of any of I'enaity. the provisions of Section 829 shall be cognizable by and punishable in the Recorder's Court of the said City, and any such violation shall, upon convic- tion, be punished by a fine of not less than twenty-five dollars, or more than one hundred dollars, or by imprisonment for not more than thirty days for each and e\erv ofTence. 316 MISCKLLANEOUS. CHAPTER XX. MisccUaucoi IS. Nov. II, 1902. Commercial Club of Charleston to construct veran- das in front of their House in Meeting Street. Title of this Ordinance. May 8, 1900. Where fine is only penalty named. Court may fix imprison- ment as alterna- tive to such fine. General repeal- ing clause. Sec. 830. That the Commercial Ckil) of Charles- ton be and the same is hereby authorized and per- mitted to place and construct verandas in the front of their proposed club house on the west side of Meeting- Street, now known as Nos. 93, 95. 97 and 99, and for such purposes to extend the same over the sidewalk in fleeting street in front of said pro- posed club house. Provided, That said verandas shall be constructed in such manner and according to such plans as may be appro\-ed by the cit}- sur\-eyor and the Mayor, so as not to interfere with the public use of the said sidewalk. Sec. 831. This Ordinance shall be designated and known as the Revised Ordinances of the City of Charleston. » Sec. 832. \Miene\'er in any section of these gen- eral ordinances the only i^enalty is a fine not exceed- ing one hundred dollars, it shall and may be lawful for the court or justice trxi'.^g the case to impose, as the alternative of such fine, imprisonment in jail for a period not exceeding thirty days, with or with- out hard labor, in the discretion of the court. Sec. 833. All Ordinances and parts of Ordi- nances the provisions whereof are re-ordained in this Ordinance, or which are inconsistent with or repugnant to this Ordinance, are hereby repealed. MISCELLANEOUS. 317 Ratified in City Ct)uncil this eighth day of Decem- l)er. in the year of our Lord one thousand nine hundred and three, and in the one hunch'ed and twenty-eighth year of the American Independence. J. ADGER SMYTH. Mayor. W. W. Simons. Clerk of Council. FRANCHISE OF CITY RAILWAY. 2)19 APPENDIX. FRANCHISE granting right of way for Charleston City Railway Company to lay its tracks through certain streets in the City of Charleston, — adopted by City Coun- cil ON March 23, 1897. Alderman Gadsden presented the following report of the joint committee on streets and railroads : Charleston, S. C, March 2T,, 1897. To the Honorable Mayor and Aldermen of the City of Charleston : The joint committee on streets and railroads, to whom was referred the petition of the Charleston City Railway Company, of Charles- ton. S. C, respectfully report that they recom- mend that the petitioner be granted a right of way for its railway through the several streets herein- after enumerated, subject to the following terms and conditions, that is to say : 1. The Charleston City Railway Company is hereby granted the right and authority and, if it accepts the same, is hereby required to operate its said road by electrical power. 2. That the said Charleston City Railway Right of way / . -^ throuah certain Company l)e and is hereby granted the right of way streets. and required to operate its lines through the follow- ing streets, to wit : On King, from Battery to Line street; on Line, from King to Meeting; on Meeting- street, from the Battery to city boundary; on Church, from Battery to Broad ; on East Bay, from Broad to Calhoun; on Calhoun, from East Bay to Alexander; on Alexander, from Calhoun to Chapel; on Chapel, from Alexander to Drake; on 320 FKANCHISK OF CITY RAILWAY. Drake, from Chapel to Columbus: on Columbus, from Drake to Meeting, through the Mall; on Broad, from East Bay to Rutledge avenue ; on Rut- ledge Avenue from Broad to Spring; on Spring, from Rutledge avenue to King street; on Calhoun street, from Rutledge avenue to Meeting street ; on Charlotte, from Meeting to Alexander; on Chapel, from Drake to Bay; on Bay, from Chapel to At- lantic Coast Line tracks; on Wentworth, from Meeting: to Rutledge avenue ; from East Bay Franchise grant ed also to nddition al streets. through Cumberland street to Central wharf; from East Bay, through Queen, to Clyde Steamship wharf: Provided, that the said company shall con- tinue to operate all the lines now in operation on the aforesaid streets by horse power until electrical power be substituted therefor, and that such substi- tution shall take place within one year from the date hereof. And the said company is hereby granted the right and franchise to construct its railway on the follow- ing additional streets, that is to Scty, on Poinsett street, from King to Meeting ; on King street, from Line to the city boundary ; on Coming, from Shep- ard to Wentworth ; on Market, from King to the Mount Pleasant and Sullivan's Island Ferry Com- pany wharf, using South Market street east of Meeting; on Cannon street, from Rutledge avenue through Chinquapin and Spring, to the New Bridge : Provided, how-ever, that the grant and franchise in these streets mentioned in this second clause of this paragraph is upon the condition that To be operated ti^g g^j,^! compauy shall construct and operate its said electric railway therein within one year from the date of this grant ; where, however, any of said streets are now operated l)y horse power the Char- leston City Railway Company shall be, and is here- by, allowed one year from the date of this grant to decide wdiether diey will put electric tracks through said streets in place of the horse power tracks now by electricity. FRANCTiisK oi' ( iT^' l^\^.\^■.\^^ -y^-, therein, and dnring such time is allowed and requir- ed to operate the same hy horse power ; anfl it is ex- pressly provided that a failure to equip and operate its said electric railway in any of said streets within the one }'ear aforesaid shall forfeit the grant and franchise herein given for the use of the particular street or streets in which said company has failed within the year to put in its electrical equipment. And in such forfeited streets the said company shall immediately tear up and move its railway tracks and restore the streets to their usual and proper condition. And it is further provided that if the said Char- Right to aban- , ^ /--•. T-> -1 r^ 1 11 1 1 1 don certain routes. leston Lity Railway Company shall elect to abandon the road u])on any of the routes heretofore granted to the Charleston City Railway Company, to the Enterprise Railroad Company, or to the Charleston Street Railway Company, wdiich are not granted in this paragraph to the Charleston City Raihvay Com- pany, it is hereby authorized and empowered so to do, and the Charleston City Railway Company is hereby authorized to abandon all portions of the routes upon which the said Charleston City Rail- way Company, or the Enterprise Railroad Company or the Charleston Street Railway Company now^ operate or have the right to operate a street railroad, except upon the streets and routes covered by this section, and the said Charleston City Railway Com- pany is hereby recpiired to take up and remove all tracks wnthin such abandoned streets and restore the same to their usual and natural conditions with- in one year fn^m the date of this grant. T.. There shall be onlv one track on Line street . Trackage reguia- •^' - tions in c e r t a 1 II from Meeting to King street, on Church street from streets. Battery to Atlantic street, on King street from Bat- tery to Calhoun street, on East Bay from Cordes to Cumberland street, and from East Bay to Clyde Steamship wharf and the Central wharf, on South Market street from King to the Mount Pleasant and ^22 FRANCMLSK OF CITY RAILWAY. Sullivan's Island Ferry Company. In all other streets the Charleston City Railway Company shall have the right to lay double tracks : Provided, how- ever, that on the streets where single tracks are to be laid the Charleston City Railway Company, nnder the supervision and direction of the committee on streets, shall have the right to put in all proper and necessary turnouts and switches : And, provided, further, that the location of all tracks in the streets are to be under the supervision and subject to the approval of the committee on streets. Right of way 4. Subjcct to the couditiou hereinafter stated granted from boil- ... 1 1 • 1 r ... ndary to chicora ui tliis paragraph tlic right 01 way or permission is granted to the said company from the city boundary through such streets or rights of way as may here- after be rec|uired by the City Council of Charleston to Chicora Park, on Cooper River : Provided, how- ever, that the said Charleston City Railway Com- pany, on the completion by the city of the said road- way to said park, shall extend their electric railroad to said park, and operate the same under such regu- lations as City Council or the park commissioners may, from time to time, ordain or adopt, (except as to fare beyond the city boundary) and if said electric railway be not extended and in operation to said park within six months after the completion of said proposed roarlway to said park, then the right of way and grant to said roadway shall revert to the park commissioners of the City of Charleston ; and pro- vided further, that the said Charleston City Rail- way Company may proceed with the construction of their said electric railway over said roadway to said park as said roadway may be in the progress of construction, subject, however, in all cases, to the supervision and direction of the city surveyor and of the park commissioners. Expense of re- 5- ^^^^^ ^^^^ expcuse of moviug auy existing by'comp°any.*'°''"'' track. Supplying and placing filling required and re- paving in any street shall be borne by the Charleston FRANCIirSl-: OF CTTV RAILWAY. 323 City Railway Company, and the new location of the same shall be hrst submitted to and approved In- the city authorities, as hereinbefore provided. 6. The tracks shall be of standard guage, four ouageofr acks. feet eight and one-half inches ( 4 feet, 8^ inches.) 7. The rail 'to be used shall be of the variety Raii to he used known as grooved or semi-grooved patent girder rail in all paved streets, and T rail not exceeding four and one-half (4/4) inches in height in unpaved streets: Provided, Iwivcver, that grooved or semi- groo\ed patent girder rail shall be substituted from time to time hereafter when such streets are paved. All rail shall be of suitable section, not less than sixty (60) pounds to the yard, and laid upon cross- ties to give a good, substantial road-bed ;the tracks to be maintained in good and substantial manner, so as to abate as far as possible, any hindrance to public travel ; at all intersections of streets crossings shall be maintained of suitable material subject to the crossings to be . 11 1 approved by Su- api)roval 01 superuitenclent oi streets ; the roadbed at perintendeut nt streets. all times to correspond to the actual grade of the streets and to be so laid and maintained that car- riages and other vehicles can easily and freely cross said track at any and all points : Provided, that when the streets are not graded or paved the tracks shall ])e so laid as to conform to the surface of the streets ; but when such streets are hereafter, from time to time, paved or improved the tracks shall conform to the improved or adopted grade. 8. The Charleston Citv Railway Company shall Railway compa- ^ - iiy to save city at all times indemnify and save harmless the City harmless from any Council of Charleston all suits, actions, claims, de- mands, damages brought or recovered by any per- son or persons, company, firm, corporation or cor- porations, or any liability for or by reason of the grant of the right of way and franchise hereby granted or by reason of the use, occupation or oper- ation of the said railroad through said streets. 9. The City Council of Charleston, under the ex- suits, etc. 324 FKANCH1S1-: OF clIV A II, WAV. City Council lo regulate the opera- tion of railroad company if it so elects. The city not lia- ble for breakage of pipes, etc. Railroad compa- ny to keep space between tracks and three feet on each side in repair. ercise oi its police powers. reser\'es to itself the right from time to time to regulate the operation of the said railroad through its streets as the good order of the city and the safety and comfort of its citizens demand ; to control the imprcn-ements and repair of the streets, each and every one of them, and every part thereof, ovev which said railroad track or tracks pass, to the same extent as if this grant and fran- chise to use the same had not been given — and p-en- erally from time to time, to make such additional rules and regulations for the management and oper- ation of the said railroad in the streets aforesaid as it may deem proper, including herein the right to require changes of location of the said tracks in said streets, as future exigencies in the opinion of the City Council may rec|uire. 10. The City Council of Charleston shall not be liable to the said Charleston City Railway Company, its successors or assigns for any damages occasioned by the breaking of any gas. sewer pipes or drains, or for any delays caused by the construction of water or gas mains or sewer pipes or drains, or the neces- sary repairs of any street, or by any other public work. Where the work is being done by private parties or by a contractor for public works, the said Charleston City Railway Company is authorized to require that the contractor making such repairs or doing such work shall complete it with all possible dispatch, so as not to interfere with the operation of said road any more than is abso- lutely necessary, and that said contractor shall give p-ood and sufficient bond to said Charleston Citv Railway Company to replace said tracks and pave- ments in as good condition as the adjoining roadlied is maintained by the city authorities. 11. The Charleston City Railway Company shall at all times keep the space between the tracks and for three feet outside in good repair, so as to conform to the condition of the balance of the streets upon which FKAXCIIISK. Ol' CITN' RAI I.\V.\^^ 325 the road runs ; and in case any streets now unpaved shall hereafter be paved, the said company shall bear the expense of the paving between their tracks, and three feet on either side thereof — and, generally, ex- cept where otherwise provided for in this grant, shall observe and obey the regulations, enactments and provisions contained in the General Ordinances of the City of Charleston, with reference to street rail- roads, and the ordinances to be hereafter ordained, amending the same. 12. The Charleston City Railway Company, its Kate of Fare, associates and assigns, (except when cars are char- tered for a special purpose,) shall in no case charge or collect from any passenger more than five cents for one continuous ride, with ordinary hand bag- gage, between any two points within the city limits, said continuous ride to include transfers at junc- tional points :Providcd, the passenger so transferred shall take the first car leaving after his or her arrival Transfers, in the direction in which he or she wishes to go. This section is not to be construed a round trip, but is simply a single trip from one point to another by the shortest and most direct route : Provided, that in no case shall said petitioner, its associates and assigns charge or collect from any child under the age (jf lo and over the age of 2 years more than three cents a trip, and shall carry children under 2 years of age, when accompanied by adults and not occupy- ing seats, free of charge. 13. The cars upon said railway shall be run upon the following conditions, to wat : (A) As to hours as provided in Section 712 of the General Ordinances. Kate of speed. (B) Cars may be run at a speed not exceeding- fifteen (15) miles an hour south of Line street, ex- cept on King street, on which street, south of Line street, the maximum speed shall be six miles an 326 FKANCHIS1-: OF ClIV RAILWAY. Railroad ings Motive Power. hour, and all cars shall be provided with fenders ap- proved by the committee on streets. (C) While cars are turning corners from one street to another, they shall not run faster than four mdes an hour. (D) Cars travelling- in the same direction shall not approach nearer each other than one hundred feet, except in case of unavoidable accident or necessity, or when cars are near stations. (E) All cars shall be brought to a stop before crossing the line of any steam railroad track and be- fore crossing any steam railroad track the conductor shall go forward to a point which will enable him to see both ways upon said steam railroad track and if no train be approaching shall signal his car to cross. And there shall be placed on each side of all of said crossings and within twenty feet (20 feet) thereof a sign board with the word "Stop" painted in plain letters thereon, subject to the direction of the super- intendent of streets. 14. Animal or other motive power except steam may be used jointly with electrical power in the oper- ation of said railroad only during such time or times as the operation thereof by electricity shall be inter- rupted or suspended by reason of accident to the electrical equipment, and in case of any accident to said electrical equipment, the said company shall im- mediately repair the same and again operate its road by electricity: Provided, however, that the said com- pany upon the streets mentioned in the second clause of paragraph tw(T of this grant, in which there is now a horse car line shall have the right for the op- tional period of one year therein given, or until it shall determine within said period whether it is de- sirable to electrify or whether they will abandon the said street or streets, to continue to operate the present existing horse car line by horse power. 15. The Charleston City Railway Company shall hold said citv harmless on account of any litigation FRANCHISK Ol' C■n'^■ l' 327 or of any claim or demand whatever which may be made or may accrue to any person, firm, compan}-, corporation or property, by reason of the construc- tion or the operation of said road or any part thereof, and it is further provided that the provisions of Sec- tion 711 of the Revised OrcUnances with reference to the duty of street raih'oad companies to build and keep in repair all bridges, turnouts, drains and other works which the track or tracks cross, shall be and are hereby intended to include the preservation and repair of the sewerage system now in operation, and as the same may hereafter be extended, so far as the same may be injured or affected by the construction or operation of said road. 16. The rails on the tracks of the Charleston City Railway Company shall be so bonded in the latest and most impro\-ed manner as to conduct the return current without affecting the water pipes or gas mains, by electrolysis or otherwise, subject to the approval of the city electrician and the committee on streets. 17. This grant or franchise by the City Council of Charleston to the Charleston City Railway Com- panv is in every respect subject to the Constitution and laws of the State of South Carolina, and is to be so understood and accepted b}' the said company; that is to say, the foregoing grant and franchise is only in so far as the City Council has the right and may lawfully grant the same, and the said Charleston City Railway Company shall indemnify and save harmless the said City Council from all suits, actions, claims, damages or litigations with reference to the rights herein granted or any part thereof. 18. This grant and franchise and every part and portion thereof is subject to all ordinances, rules and regulations of the City Council of Charleston, now existing or which may hereafter be adopted, governing the building, conduct, management, rates city to be held harmless for litiga- lion. Bonding of rails Grant subject to Constitution of the State, etc. Grant subject to rules and ordinan- ces of Citv Council. 328 in streets. FKANCHISK OF CITY RAILWAY. of fare and running of street railways, and is also subject to the right of the City Council to modify or change the said ordinances, rules and regulations herein provided or contained in the General Ordi- nances of the City Council. Poles and posts 1 9- That the posts and poles used in such con- struction shall be of wood, selected and rounded in shape, except on King street, from Calhoun street to South Battery, where they shall be of iron or steel, and of such shape, style and dimensions as shall be approved by the city electrician, and shall at all times be kept neatly painted. All wooden poles shall be at least twenty-six feet in length and not less than elev- en inches at the base and seven inches at the top, free from sap, rot and knots, and should be set six feet in the ground and rake twelve inches from the per- pendicular: Proi'idcd, lidc^'Cc'cr, that these require- ments shall be subject to modification when desired by the said company and allowed by the city elec- trician and committee on streets. When it is practi- cable the poles may bear against the curbing or pav- ing, a substantial bearing placed at the heel of the pole to prevent same from pressing through the earth. The placing and securing of the poles shall be under the super\'ision and with the approval of the city electrician. Unless otherwise allowed by the city electrician and the committee on streets, wood poles for curA'e construction shall be twenty-seven feet in length and similar to those for straight line construction, the dimensions of such poles to be not less than fourteen inches at the butt and nine inches at the top, set seven feet in the ground and raking twelve inches from the perpendicular. In no event shall the poles be placed at greater distance than one every hundred and twenty-five feet, trolley and feed wires to be strung thereon shall not be less than eighteen feet above the surface of the street, ex- cept at the crossing of steam railroad tracks, wdiere the trolley and feed wires should not be less than FKAXelllSK OF (\T\ KAII.WAV. 329 twenty-t\v(^ feet above the said railroad tracks, and in no case to interfere with fire alarm, telephone, police alarm, or any other wires ; span wires should be 5-16 inches in diameter, composed of seven strands of No. 12 Galvanized wire; guard wires must be used wherever the trolley wires run under telegraph, telephone, fire alarm, police alarm or any other wire. Whenever guard wires are recjuired a space of about two feet additional shall be left on the top of the pole, above where the trolley span wires are attached, for the attach- ment of the guard wires. Guard wires should be insulated from all poles. Wherever no specific regulation is required in this grant and franchise the determination thereof shall be left to the discretion of the committee on streets and the city electrician. 20. The grant and franchise herein given and '^^"'^ °^ ^""*- granted to the Charleston City Railway Company shall be for the term of fifty years from the granting of the same. 21. All franchises, grants and licenses hereto- fore granted to the Charletson City Railway Com- panv, the Enterprise Railroad Company and the Charleston Street Railway Company, except as herein expressly granted, are hereby revoked. C. S. Gadsden, Zimmerman Davis, Geo. W. Williams, Jos. F. Kracke, E. \\a Percival, J. Adger Smyth, Mayor, Committee on Streets. W. F. Strong, Samuel Lapham, R. G. Rhett, Committee on Railroads. The report of the Joint Committee was unani- mously adopted. ' 22 330 C'lrV CHAR'IKR. BTATUTEB RELATING TO THE CITY OF CHARLESTON. Ratified Aug. 13, 1783- Preamble. City of Charles- ton declared to be a body politic and corporate. Citv Charter. AN ACT TO Incorporate Charleston. Whereas, from the extent and population of Charleston, its growing importance, both with re- spect to increase of inhabitants and an extensive com- merce with foreign nations, it is indispensably neces- sary that many regulations should be made for the preservation and peace and good order within the same ; and, ivJiercas, 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 here- after become more so, for them to devise, consider, deliberate on and determine all such laws and regu- lations as emergencies, or the best local circumstances of the said Town, may from time to time require : Therefore, be it enacted by the Honorable the Senate and House of Representatives, and by the authority of tJic same, 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 had a freehold one year 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 called and known bv the name of the City of Charleston.* * The remaining part of this Section relates to the division of the City into thirteen Wards which division has been since changed. The second and third Sections are obsolete. CITN' (, IIAKTKK. 331 Sec. 4. That the said Intendant' shall and may, intendam and as often as occasion shall require, summon the War- known"^ as" the dens to meet together in City Council, any nine of cim,ie^ton""' °* whom to be a quorum,* who, with the Intendant, shall be known by the name of, and they are hereby declared to be. The City Council of Charleston ; and they and their successors, hereafter to be ap- ])(Mnted, shall ha\e a common seal, and shall be ca- p,,wers. pable in law to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the City of Charleston, in perpetuity or for any term of years, any estate or estates, real or personal, messuages, lands, tenements, or heredita- ments, of what kind or nature soever, within the limits of the said City, and the Parish of St. Philip, and to sell, alien, exchange, or lease the same, or any part thereof, as they shall think proper ;and by the same name to sue and be sued, implead and be im- pleaded, answer and be answered unto, in any Court of Law or Equity in this State; and they shall also be vested with full power and authority, from time ^ia'ke''""By-Laws to time, under their common seal, to make and estab- an,i ordinances, lish such by-laws, rules and Ordinances, respecting the harbor, streets, lanes, public buildings, work- houses, markets, wharves, public houses, carriages, wagons, carts, drays, pumps, buckets, fire-engines, the care of the poor, the regulation of seamen or dis- orderly people, negroes, and in general every other by-law or regulation that shall appear to them re- quisite and necessary for the security, welfare and convenience of the said City, or for preserving- peace, order and good government within the same ; and thev shall also be vested with all the powers and vested with the ^ powers of Com- authorities which bv law are ^■ested in the Com- missioners of ' Streets, etc. ^ Title changed to that of Mayor by Act of 21st December, 1836. The same Act changes the title of Warden to that of Alderman. * As to what now constitutes a quorum, see Act of 23rd December, 1879. 332 '-''''''^' tllARTKR. niisioners of the Streets, Cominissioners of the Markets, of the Work-Honse, Fire-Masters, and Commissioners of the Pilotage,' and thev may take such effectual measures for carrying into execution all laws now in force respecting the said City and harbor, as to them shall appear exjiedient and neces- sary; and the said City Council shall also be vested Assessments. "^vith full powcr and authority to make such assess- ments on the inhabitants of Charleston, or those who hold taxable property within the same, for the safety, convenience, benefit and acKantage of the said City, as shall appear to them expedient : and to affix and Fines. levy fiucs for all offences committed against the by- laws of the said City; and to reco\'er all such penal- ties as may be incurred, under any law or laws now existing respecting the said City ; and they are hereby also authorized to appoint a Recorder, Treas- urer, Clerk, Coroner. Harbor-Master. Fire-Masters, Constables, and all such other officers (affixing their salaries and fees of such officers, respectively.) as shall appear to them requisite and necessary for carrying into effectual execution all by-laws, rules and Ordinances they make for the good order and government of the said City, and the persons resid- ing within the same : Provided, always. That nothing herein contained shall authorize the City Tonnage duty. Couucil to lay a (luty of more than three-pence per ton on any shipping in the harbor;* nor shall they t If any occasion should arise for reference to the Acts of the General Assembly containing the powers originally vested in the Commissioners above named, these Acts will be found in the Supplement to Eckhard's "Digest of the Ordinances of the City Council of Charleston." commencing at page 391. See also the following cases, in which the Act of 1764, relative to the Commissioners of Streets, has been discussed : City Council vs. Ingraham, MS. Rep. Cruikshanks. et al.. vs City .Council, I McCord, 360. Yeadon, et al., vs. City Council, MS. Rep. These cases can also be found reported in Eck- hard's Digest, at the end of the volume. * The above provision is contrary to the Constitution of the United States (Art. I, Sec. 10.) which is easily accounted for from the fact that the Act to incorporate Charleston was passed several years prior to the adoption of the Constitution of the United States. V CTIARTl". 333 make am- ])\-la\\ s repugnant to the laws of the land, or inconsistent with treaties made with foreign nations: Ami j^rovidcd, also. That all the by-laws, rules and Ordinances they may make, shall at all times l)e subject to the rex'isal. alteration or repeal of . the Legislature. Sec. 5. That the fee-simple of the following The fee simple public lan.ds and buildings within the said City, viz : vested"^ ^in city The lands appropriated for the Exchange, the Beef """'^' ' Market, the Lower Market, the Fish Market, the Market at the Western end of Broad Street, wdth the buildings respectively thereon, and the lands and appurtenances belonging thereto ; the marsh land ap- l^ropriated by law for a Common ; the lands bounded by Queen Street, Magazine Street, Back Street, and Mazyck Street, ( except two hundred feet square at the Northwest corner thereof, reserved for a gaol;) such part of the Negro Burial Ground as is pulilic property : the lands on wdiich the Horn AVork at the North part of the City is situate, and the public lands near the same, purchased of the Wragg and Manigault families: anv vacant low water lots fronting any of the streets, shall be vested in the said Cit\- Council and their successors, for the use and advantage of the said City, to be leased, sold, improved on, or otherwdse disposed of, as to the said City Council shall appear most conducive to the welfare and advantage of the said City, and the inhabitants thereof. And all fines and forfeitures, i-ines and for- .,.,., . , .-^. . feitures. for offences committed withm the said City, against any of the l)y-laws of the same, shall be sued for by the Recorder, and lodged with the Treasurer of the said City, to be at the disposal of the City Council, for the use and advantage of the said City. Sec. 6. That in case of tumults or riot, or appear- Riots, ance or ]>robability of tumult or riot, in the said Citv, the Litendant shall immediately summons to- gether the Citv Council, and order the Constables 334 CITY CHARTER. and other City officers to attend the City Council, and such measures shall thereupon be taken as shall appear most advisable for preventing or suppressing " such riot or tumult: and if any City officer shall neglect or refuse to obey the order for attendance from the Intendant, he shall forfeit a sum not ex- ceeding ten pounds sterling for e\ery such offence : and any other inhabitant refusing to obey the orders of the Intendant, for the purposes of suppressing 'anv riot or tumult, he shall forfeit a sum not ex- ceeding five pounds sterling for e\'ery such refusal. Power and au- Sec. 7. That the Said Wardens shall each of dens?^ ° ^^ them have full power and authority, and they are hereby required to keep peace and good order in the respective Wards, to issue warrants and cause all offenders against the law to be brought before them, and on examination 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 required and commanded to receive the same, and the same to keep in safe custody until discharged by due course of law ; and the said Wardens, or an}' three of them, shall, in rotation, meet twice a week, or oftener if occasion require, in the City Hall, over the Exchans^e, 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 City ;* 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 City, for the preserva- tion of peace and good order thereof. Kifction of Sec. 8. That on the first Monday in September, Wardens. ^^^^ thousaud scvcu huudrcd and eighty-four, and on the first Monday in September, every year there- *The Court of Wardens was abolished by an Act of the General Assembly, in the year 1798. 7 St.. 288. CITY CHARTER. -? -j r after, there shall he an election of Wardens for each Ward.' and the Intendant for the time heing shall gi\e at least ten da}-s notice of such election, appoint a place for holding it in each Ward, and proper persons for managing and conducting the same ; and the persons so chosen may take the oath of f|ualification, allegiance, and office, before the In- tendant for the time being, after which they shall be fully qualified to act as Wardens, or sit as members of the City Council ; but after a new election of Wardens, none of the former Wardens shall sit as members of the City Council, unless they have been re-elected. Sec. 9. That on the second Monday in Sep- Election of tember. one thousand seven hundred and eighty- four, and on ever}- Monday in September thereafter, an Intendant shall be chosen from among the W'^ar- dens.* by the inhabitants of all the Wards, at the City Hall, over the Exchange, or at such other place as the Intendant for the time being shall think proper."' who shall give ten days' notice of such elec- tion, and appoint proper persons for conducting the same ; and the persons so chosen shall take the oath of qualification in the presence of the W^ardens, until which, the former Intendant shall continue to act: but no person shall be eligible to serve as Intendant for more than three years in any tenp of five years.* Sec. 10. That in case of the death of the In- ■^ In accordance with the Act of December 18, 1817, Section 5, the Aldermen (then Wardens) are now elected upon a general ticket. The time of election has been changed to the second Tuesday in December, in every fourth year, in refer- ence to which see Acts of June 8, 1877, December 23, 1878. and December 21, 1882. * The Mayor is now chosen from among the corporators. See Act of December 17, 1808, Section i. ' Amended by the Act of December i8th. 1817, Section 6, which provides that the election for Mayor (then Intendant) shall be held at the same time and places at which the election for Aldermen is held. J This last clause- is repealed by the Act of 21st December, 1836, Section 3. TO/- CITY CHARTER. Vacancy in of- teiiclant. his resignation, removal from office, or how °fiiied'^"'^^"*' ^'^sence from the State, the Wardens shall thereupon appoint a time for choosing- another, and gi\-e ten days' public notice of the same ;^ and in case of a Vacancy in vacaucy iu auv one of the Wards, by death or other- wardens, how ^^.jg^^ ^|^g Inteudaut shall issue a summons to the Ward for filling up such vacancy, giving five days' notice of the same. And if any person, on being elected Intendant, shall refuse to act. he shall forfeit and pay to the Treasurer of the City, for the use of the same, the sum of thirty pounds sterling. And Penalty for re- if anv pcrsou, ou bciug clccted W^arden, shall refuse fusal to act as '11111 ^ it^ r ^ r-^- Intendant or to act, hc Shall also pav to the i reasurer of the Litv Warden. , . ' , , . . ' the sum of twenty pounds sterlmg : i roi'idcd. That no person who has attained the age of fifty years, shall be compelled to serve in either of the said offices, nor shall any other person be obliged to serve more than one year in any term of seven years. And in case the Intendant or any of the Wardens, whilst in office, shall be guilty of any Penalty for wilful ncglcct. malpracticcs or abuses, on informa- nialfeasance in . . *^ ^ 1 <-- .- /— 1 office of the In- tiou beuig filed of the same, at the Court of deneral dens. Sessions, and conviction thereof, he shall forfeit and pav a sum not exceeding two hundred pounds ster- ling for e\erv such willful neglect, malpractice or abuse, the money to be recovered by the Recorder, and lodged witji the Citv Treasurer, for the use and benefit of the said City. Sec. II. That if any person shall be sued for anything done by virtue of this Act, he may plead the general issue, and give this Act and the special matter in evidence. § Repealed and superseded by Act of Deceml)er 17, 1808, Section X CITY CHARTER. 2>2,7 AN ACT TO Enable the City Col'ncil oe Approved Charleston to Hold Lands Acquired and Qgc- is. 1894- TO BE Acquired for Municipal Purposes. ^' ^*^*' '°^^' Be it enacted by the Senate and House of Repre- ^ity Coundi sentatives of the State of South Carolina, &c.. That q"^^e "'klidr fo^ tlie Citv Council of Charleston be. and hereby is, municipal pur- poses within 12 vested with power to have, hold and possess in fee l"''«s °^ t^e city 1 _ ' Hall. simple, throng^h purchase or otherwise, such lands already acquired, or hereafter to be accjuired, as it shall deem proper, to be used as hospital or quaran- tine sites, or as parks for other municipal pur- poses : Provided, That such lands shall be situated within a radius of tweh'e miles from the site of the Citv Hall in the Citv of Charleston. AN ACT TO Explain and Amend an Act enti- Ratified tled "An Act to Incorporate Charleston," March 26, 1874- AND TO Enlarge the Powers of the City Council. Whereas, doubts have arisen respecting an Act Preamble, entitled "An Act to Incorporate Charleston," so far as regulates the power of the Council of Wardens to commit for penalties and forfeitures, incurred by virtue of the by-laws of the said corporation. Section i. Be it therefore enacted b\ the Hon- court of vvar- ,_ jrr r T-t ' • J dens authorized orable flie ^>enate and House of Kepresentatrc'es. and to commit, etc. bx tlie autlioritv of the same. That the said Court of Wardens ought, and they are hereby fully authorized and empowered, from time to time, to commit to close prison all such person and persons who shall incur anv penalties and forfeitures intended to be inflicted by any of the by-laws of the said corpora- tion, passed conformable to the powers vested in them by the said Act of Incorporation. 338 May regulate assize of bread. CITY CHARTER. Sec. 3. And be it further enacted by the author- ity aforesaid. That the Cit}' Council of Charleston be, and they are hereby vested, with full power and authority to regulate, from time to time, the price and assize of bread. Sec. 7. And be it further eiuicted by the author- ity aforesaid. That the Court of Wardens shall and ma}' have, hold and exercise the same powers and authorities therein respectively, touching all matters within the limits of their jurisdiction, and which do not exceed in value twenty pounds, except when the titles of lands may come in question, as the Judges of the Court of Common Pleas or Admiralty have, hold or do exercise in their several jurisdictions; and that the said Court of Wardens shall be a Court of Record, and all persons necessarily going to. attending on. or returning from the same, shall be free from arrests in anv civil action.* Ratified Oct. 12, 1785. AN ACT TO Explain and Amend the "Act for Incorporating the City of Charleston, and Enlarging the Powers of the City Council," and to Prevent a Clashing of Jurisdiction within the same. Preamble. Whereas. Many Acts of the Legislature respect- ing the internal government and police of Charleston before it was incorporated, remain unrepealed, and Ordinances for the same ]nu-poses ha^'e been framed by the City Council, by which means a clashing of jurisdicti(^n may arise between the State Magis- trates and the City officers, as there be no doubt whether both have not an e(jual power to act under * A. A. February 19, 1791, /th Stats, at Large, p. 107. further defines the jurisdiction of the Court of Wardens. As this Court was abolished by A. A. December 21, 1798, 7 Stats, at Large, p. 288, it is unnecessary to further refer to the Court of Wardens. CITY CHARTER. 339 each. In order to obviate aii}- dit^ciilties on such occasions : Section i. Be if enacted. That from and imme- Acts repealed, (hately after the passing of this Act. all such Acts of the Legislature shall be and they are liereby repealed. AX ACT TO ALTER AND AMEND "Ax ACT TO In- Ratified ,^ ., Dec. 17, i8o8. CORPORATE Charleston, and for other PURPOSES therein MENTIONED. Sec. 4. That no person shall be eligible to the , Qualification of _ J ^ ... Intendant and office of Intendant unless he be a citizen of the wardens. United States, of the age of twenty-five years, and shall have resided within the said City three years previous to his election [and be at the time of his election a resident therein, and unless he be seized and possessed, in his own right, of a freehold estate, situate within the said City, of the value of three hundred pounds sterling clear of debt,]* and that no person shall in future be eligible to the office of Warden unless he be a citizen of the United States, of the age of twenty-one years, and shall have re- sided within the said City three years previous to his election, and be at the time of his election a resident of the Ward for which he shall be elected; [and unless he be seized and possessed, in his own right, of a freehold estate, situate within the said City, of the value of one hundred and fifty pounds sterling clear of debt.] Sec. 6. That the Intendant of the City shall, in intendant to addition to the powers heretofore given by law, be ^rjustice ITthl authorized to exercise, within the said City, all the Quorum, powers which now are, or may be incident to the office of Justice of the Quorum : and that he may. by compulsory process, enforce the attendance of * For this note, see next page. 340 CITY CHAKIKR. witnesses who may be reqiiired to give testinionv before Council on any subject matter within the juriscHction of the Corporation of Charleston. Ratified Dec. 13, 1815. AN ACT TO Confirm the Division of the City OF Charleston into Four Wards, as direct- ed BY AN Act passed Nineteenth Decem- ber, 1809, '^nd for other purposes therein mentioned. Jurisdiction of the City to ex- tend to the chan- nel of Cooper and Ashley Rivers. Sec. 2. That the territorial jurisdiction of the corporation of the City of Charleston, shall extend to the channel of Cooper and Ashley Rivers, its Northern boundary being the same as is now de- clared bv law. Ratified Dec. 21, 1836. AN ACT TO ALTER AND AMEND THE CHARTER OF THE City of Charleston, and for other PURPOSES therein MENTIONED. Title of In- tendant and War- dens changed. Section t. Be it enacted. That the name and title of the Intendant and Wardens of the respecti\-e Wards in the City of Charleston, as expressed in the Act passed the thirteenth day of August, one thous- and 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 City Council of Charleston, relating to the powers, election 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 CITY C'lIAK'IKR. 341 Mayor and Al- ])}■ tliat title. And the said Mayor and Aldermen shall meet together in City Council, with the same powers and authority as the said Intendant and War- dens, under the Act before mentioned. Sfx. 2. That the said- Mayor and Aldermen of the City of Charleston shall be, and are hereby t'.X'powers"^'^^^ respecti\'ely vested with, and shall exercise the same powers and authority that are now vested in, and exercised 1)y the Intendant and Wardens of the Wards of the City of Charleston, under any of the Acts of Assembly and Ordinances of the City Coun- cil of Charleston. Sec. 3. That so much of the ninth section of Mayor eligible the said Act, entitled "An Act to Incorporate "e^'i-'s. 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 years in any term of five years, Ije, and the same is, hereby re- pealed. Sec. 4. That the said Mayor of the City of ,/°^'^" °^. *''^ ' -^ -■ Mayor to issue Charleston shall ha\e power to issue warrants, and warrants, etc. cause all offenders against the law- to be brought be- fore him. at the Police Court, established under the Ordinance 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 and required to receive the same, and kee}) in safe cus- tody until discharged in 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, l)y compulsory process, enforce the attendance of witnesses who may be required 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 anv riotous 342 CITY CHARTER. Provision dur- ing sickness of the Mayor. Penalties may be extended to $1,000. Officers of Guard not to act as Magistrates, etc. .\inendments to City Charter to be notified for one montli. or disorderly coiKluct, or who may in any other manner wilfully interrnpt the proceedings of the said Police Court. Sec. 5. That in case of the sickness or tempo- rary absence of the Mayor of the said City, the Al- dermen shall appoint one of their number to act as Mayor pro tciii., 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 sickness or temporary absence of the Mayor, shall devolve on the Aldermen in rota- tion ;* 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. That the City Council of Charleston shall have pouer to levy fines for all offences against their Ordinances and l)}--la\vs now existing, or w^iich may hereafter be pased, to an amount not exceeding one thousand dollars for each such offence, to be re- coverable in the City Court of Charleston, or any other Court having jurisdiction. Sec. 7. It shall not be lawful for any officer or non-commissioned officer of the City Guard to exer- cise any of the powers of a Magistrate in any case of complaint by or against the said City Guard, or any officer or member thereof. Sec. 8. That no amendment to the charter of the said Cit}' or alteration of an}- of the laws relating to the City of Charleston, which require the sanc- tion of the Legislature, shall hereafter be made, un- less the substance of the amendment or alteration be published in some gazette of the City, for thirty days previous to the application for such amend- ment or alteration. * By A. A., 1878, XVI Stat. 467, being §2139 Gen. Stat. 1882, it is made the duty of the Recorder to hold the Police Court. By §2140 of Gen. Stats., 1882, and S2273 Rev. Stats., 1893, provision is made for holding said Court during the sickness or unavoidable absence of the Recorder. CITY CHARIER. 343 AN ACT TO Extend the Limits of the City of Ratified Charleston. ^^'- '^' '^^^- \\'hereas, The growing importance and increas- ing population of that part of the Parish of St. Phihp, which hes to the North and West of Boun- dary Street, renders it necessary to provide for the same a more efficient pohce, and in order to avoid a conflict of jurisdiction, it is expedient to unite the same with the City of Charleston ; Therefore Section t. Be if enacted by the Senate and House of Representatives now met and sitting in General Assembly, That all that part of St. Philip's Parish lying between the present limits of the City and a line to be drawn due West from Cooper River to Ashley River, by the junction of Meeting and King Streets, be divided into four Wards, as the Commissioners of Cross Roads may deem most ad- visable ; and to each of said Wards shall be assigned a representation in the City Council of Charleston, according to their respective numbers, with the same proportion as the other Wards of the City* ;and that, in the next election for Mayor and Aldermen of the City of Charleston, the polls in the new Wards, as well as in the other Wards of the City, shall be opened in the same manner as heretofore prescribed by law for the election of Aldermen of each Ward, and a Mayor for the whole City. And from and after the first Monday in September next the authority of the several Boards of Commissioners for the Poor, and for the Main and Cross Roads, over that part of Charleston Neck between the pres- ent limits of the City and the line hereinbefore men- tioned, shall cease and determine; and the jurisdic- tion and authoritv of the Citv Council of Charleston Preamble. Limits of the City extended, and four new Wards added. Each assigned a representation in the City Council. The authority of the several Boards of Com- missioners over Charleston Neck to cease after I St Monday in September. * The representation is fixed by A. A. December 21. 1882, post, at two Aldermen for each Ward in the City. 344 CITY CHARTER. City debts now in existence to be charged on the property now possessed by the City. How taxes to be levied, in ten succeeding years, are to be ap- plied. Property em- ployed for agri- cultural purposes to be exempt from City taxa- tion. No laws against the erection of wooden buildings to have effect in the incorporated part for twenty years. Property of the City of Charles- ton to be vested in the corporate body formed by the annexation. shall be extendetl over all that part of St. Philip's Parish, and the same shall be. to all intents and pur- poses, incorporated with the City of Charleston, sub- ject, ho\ve\er. to the following- conditions and restrictions, that is to say : 1. That all the debts of the City now in existence shall be charged on the property now possessed by the City, and paid by those now liable for the same. 2. That all taxes to be levied upon that part of St. Philip's Parish hereby incorporated with the City, within ten years next succeeding such incorpo- ration, shall be applied exclusixely in manner follow- ing, that is to say: l^^irst, to pay a proportionable part of the general expenses of the Corporation ; and next, to the special and proper benefit and improve- ment of that part of St. l^hiH])"s Parish hereby incor- porated with the City. 3. That all lands, horses, carts, etc., which may be exclusively employed in agriculture, shall, while so employed, be exempt from City taxation. 4. That no part of the laws. Ordinances, and regulations against the erection of wooden buildings in the City of Charleston, shall have effect or appli- cation in that part of St. Philip's Parish incorporated with the City by this .\ct. until the expiration of twenty years from the passing of this Act. ex- cept in such \\'ards a may, l)y vote of the major part of the inhabitants of such Ward, express their con- sent and re(|uest that the same be extended to them at an earlier period. Sec. 2. That all the property now belonging to the City of Charleston shall l)e vested in the corpo- rate body to be formed b}- the annexation herein pro- vided for, subject only to the claim of the present creditors of the City, f(^r the payment of their de- mands out oi the coffers or revenue of the same ; and that all the laws and regulations of force in the City of Charleston shall extend and be binding over that CITY CHARTER. 345 part of St. Philip's Parish hereby incorporated with the City, subject only to the foregoing conditions and restrictions, and to such modifications as may, from time to time, be made therein, by future legis- lation or by necessary implication. AN ACT TO ALTER AND AMEND THE LAWS ReLAT- Approved iNG TO THE City of Charleston. 23. 1879- Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, now met and sitting in General Assembly, and by authority of the same, That hereafter the Mayor of the City of Charleston, and not less than sixteen Quorum neces- Aldermen, shall be a quorum of the City Council of Charleston for the imposition of taxes and the ap- propriation of money ;and that for the discharge of all other duties imposed, and all other powers and authorities vested in the said City by law, the Mayor and not less than twelve Aldermen shall be a Quorum for quorum. otlfer duties. Sec. 2. That all Acts or parts of Acts contrary to or repugnant to the provisions of this Act be, and the same are hereby repealed. AN ACT relative to the Power of the City Ma^h^T^^itro Council of Charleston to Impose Punish- MENT for the VIOLATION OF CiTY ORDI- NANCES. Section i. Be it enacted by the Senate and House of Representatives of the State of- South Car- olina, nozv met and sitting in General Assembly, and by the authority of the same, That the City Council ^j^^ coundi. of Charleston be, and they hereby are, authorized to impose for the violation of Ordinances, imprison- 23 346 CITV CHARTER. ment in the work-house or jail not exceeding thirty days, in addition, or in the alternative, to penalties now authorized to be imposed by Ordinances of said City. Police Court. Sec. 2. That the Police Court, the City Court of Charleston, and Trial Justices residing within the limits of the City of Charleston, are vested with jurisdiction to try, determine and impose the penal- ties authorized by Ordinances of the City Council of Charleston, pusuant to this xA.ct : Provided, That whenever a jury is demanded by a party charged before the Police Court, he shall be transferred to the City Court or a Trial Justice for trial. Approved AN ACT TO AMEND AN AcT ENTITLED "An AcT xvi Stat., 331. Relative to the Power of the City Coun- cil OF Charleston to Impose Punishments FOR the Violation of City Ordinances," approved March i, 1870. Be it enacted by the Senate and House of Repre- sentatives of the State of South Carolina, now met and sitting in General Assembly, and by the author- ity of the same. That the Act entitled "An Act rela- tive to the power of the City Council of Charleston to impose punishments for the violation of City Or- city Council to diuauces," approved March i, 1870, be so amended impose punish- V^. „ ., , , , , , ment of hard la- that the Said City Council be, and they are hereby, bor on the streets . . . , -i,- r/~'"j./^j* for violation of authonzcd to imposc, for the violation 01 City Urcli- Ordinances. . , , , i i i • , . nances, hard labor on the public streets, squares, alleys and lanes of said City, in addition to or in the alternative of penalties which are now or which may hereafter be authorized to be imposed by Ordinances of said City. CITY CHARTER. 347 DIVISION OF THE City of Charleston into code of s. c, Twelve Wards, and Making Provision for ^^^!l THE Election of the Mayor and Alder- men of said City. Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, now met 'uid sitting in General Assembly, and by the authority of the same, That the City of Charleston is hereby divided into twelve Wards, as follows : Ward number ( i ) One shall embrace all that portion of said City lying South of Broad Street and East of King Street; Ward number (2) Two shall embrace all that portion of the said City lying South of Broad Street and West of King Street; Ward number (3) Three shall embrace all that por- tion of the said City lying North of Broad Street, South of Hasel Street, and East of King Street; Ward number (4) Four shall embrace all that por- tion of the said City lying North of Broad Street, South of Wentworth Street and West of King Street ; Ward number ( 5 ) Five shall embrace all that portion of the said City lying North of Hasel Street. South of Calhoun Street and East of King Street; Ward number (6) Six sixth ward, shall embrace all that portion of the said City lying North of Wentworth Street, South of Calhoun Street and West of King Street; Ward number (7) seventh ward. Seven shall embrace all that portion of the said City lying North of Calhoun Street, South of Mary Street and East of King Street; Ward number (8) Eighth ward. Eight shall embrace all that portion of the said City lying North of Calhoun Street, South of Radcliffe and Bee Streets and West of King Street ; Ward number (9) Nine shall embrace all that portion of the City lying North of Mary Street to the City Boundary. East of Nassau Street up to its intersec- City of Charles- ton to be divided into twelve Wards. First Ward. Second Ward. Third Ward. Fourth Ward. Fifth Ward. Ninth Ward. 348 CITY CHARTER. Two Aldermen to each Ward. Election iVIavor. tioii with Amherst Street, East of Hanover Street ; Tenth Ward. Ward niimber (lo) Ten shall embrace all that por- tion of the said City lying North of Mary Street, West of Nassau up to its intersection with Amherst Street, and from Amherst Street. West of Hanover Street to the City Boundary, and East of Eleventh Ward. King Street ; Ward number ( 1 1 ) Eleven shall embrace all that portion of the said City lying West of King Street, East of Rutledge Ave- nue, and North of Radcliffe Street to the City Twelfth Ward. Bouudary ; Ward number (12) Twelve shall em- brace all that portion of the said City lying North of Bee Street to the City Boundary, and West of Rut- ledge Avenue. Sec. 2. Each Ward shall be represented in the City Council by two Aldermen, of Sec. 3. The Mayor shall be elected by the qual- ified voters of the said City at the times and for the term of office now prescribed by law. And the per- son possessing the qualifications now required by law for said office, who shall receive the highest number of votes cast at such election, shall be such Mayor. Sec. 4. One Alderman for each Ward shall be elected by the qualified voters thereof, at the times and for the term now prescribed by law for Alder- men of said City. Each Alderman so elected must be, and during his term of office must remain, a res- ident of the Ward for which he is elected. Sec. 5. The other twelve (12) Aldermen shall be elected on a general ticket by the qualified voters of the said City, at the times and for the term now prescribed by law for the Aldermen of the said City. Each Alderman so elected on such general ticket shall be, and during his term of office shall remain, a resident of the Ward for which he is elected.* ng Pre- Sec. 6. Thcrc shall be at least one polling pre- cinct in each Ward. One Aldertnan for each Ward, to be decided by votes in Ward. The twelve to be voter.s City. other Aldermen elected by in whole Poll cincts. * Amended by A. A. Dec. 12, 1884. CITY CHARTKR. 349 Sec. 7. The Commissioners and Managers of Election shall be appointed in the same mode, and shall be invested with tlie same powers and duties now prescribed by law. The voters shall be regis- tered ,and the election shall be conducted in the same manner as now prescribed by law, save and except as is provided in the following sections. Sec. 8. For each election the Commissioners of Election shall provide at least three (3) ballot- boxes, in one of which shall be deposited the ballots for Mayor and Aldermen on the general ticket, in one of which shall be deposited the votes for Alder- men of the Ward, in one of which shall be deposited the votes for School Commissioner; and if any ques- tion or questions be submitted to the people of said City under any Act, Joint Resolution or Ordinance, one other box, in which the votes on such question or questions shall l)e deposited. The ballot-boxes shall be constructed and the polling precincts be guarded as is provided in State elections. Sec. g. The voting shall l)e by ballot, which ballot shall be of plain white paper, two and one-half inches wide by five inches long, clear and even cut, without ornament, designation, mutilation, symbol or mark of any kind whatever ; except the name or names of the person or persons voted for, and the ofiice for which such person or persons are intended to be chosen, which name or names, and office or offices, shall be written or printed, or partly written or partly printed, thereon in black ink across such ballot in i)lain Roman type, and such ballot shall be so folded as to conceal the name or names thereon, and so folded shall be deposited in a box, to be constructed in the same manner as the ballot-boxes for State elections. And no ballot of any other de- scription found in an election box shall be counted, nor shall it be lawful to count any ballot upon which there shall appear the name of any officer, or the Commissioners and Mariaprers of Klection. Registration voters. of Kegulations as to ballot boxes. Regulations ae to ballots. 350 CITY CHARTER. Vacancy in of- fice of Mayor, how filled. Vacancy fice of in of- Alder- men, how filled. name of any person, in connection with any office other than the office for which the box in which such ballot is found is provided. Sec. io. In case of a vacancy in the office of Mayor, caused by the death, resignation, refusal to serve, inability, or any disability of the person elected to be Mayor, tiie City Council shall forthwith pro- ceed to fill such vacancy by electing one of their own number to act as Mayor for the unexpired term ; but such election shall not create a vacancy in the office of Alderman in the place of the Alderman thus elected Mayor. Nothing herein contained to pre- vent the selection, as heretofore, of a Mayor pro tempore in case of the temporary absence or inability of the Mayor. Sec. II. In case of any vacancy in the office of Alderman, by reason of the death, resignation, re- fusal to serve, removal from the Ward, inability, or any other disability of the person elected as Al- derman therein, it shall be the duty of the Mayor, within ten days after such vacancy has occurred, to order an election to fill the same ; and in case the Mayor shall not, for any reason, order such election, it shall be the duty of the City Council to do so at its first meeting next after the expiration of the same ten days. The time of notice of such election, and the mode of conducting the same, shall, in every respect, conform to those prescribed for the general election for Mayor and Aldermen of said City : Pro- vided, however, That whenever such vacancy shall occur in the office of an /Vlderman who has been elected on a general ticket as provided in Subdivision 5 of this Section and known as an Alderman at large, then in such case the Ward Alderman shall serve for and during such unexpired term as Alder- man at large, and the vacancy filled by the election of a Ward Alderman as provided in Subdivision 4 of this Section. VOTING PRECINCTS. 351 Sec. 12. So much of any Act as may be incon- Acts inconsist- sisteiit witli or repugnant to this Act is hereby re- ^"* --epeaied. pealed. Sec. it,. This Act to go into effect on its ap- „^<=t t° ?° 'nto *■ ' ' effect immedi- prOVal. 2tely. AN ACT TO AMEND AN ACT ENTITLED "An AcT Ratified ■r>. /"• /^ Dec. 12, 1884. TO Divide the City of Charleston into Twelve Wards, and Making Provision for the Election of the Mayor and Aldermen OF the said City."'' Section i. Be it enacted by tJic Senate and House of Representatives of the State of South Car- olina, now met and sitting in General Assembly, and by the authority of the same, Tliat an Act entitled "An Act to divide the City of Charleston into twelve Wards and making provision for the election of the Mayor and Aldermen of the said City," approved 2ist December, A. D., 1882, be, and the same is hereby amended by striking out in the fifth section thereof the following words, to wit : "Each Alder- man so elected on such general ticket shall be, and during the term of office shall remain, a resident of the Ward for which he is elected," and inserting in lieu thereof, the following words, to wit : "Each Alderman so elected on such general ticket shall be, ward w'he^'n'eiert ed at the time of his election, a resident of the Ward for which he is elected." Alderman be resident t o of looting Precincts. The registration and voting precincts in the County of Charleston within the limits of the City of Charleston shall hereafter conform to the Wards in which the City of Charleston is now by law divided, and registration and voting precincts are Code of Laws, South Carolina Sec. 203. 352 VOTING PRECINCTS. First Precinct, Ward I. Polling Place. Second Pre- cinct, Ward I. Polling Place. First Precinct, Ward 2. Polling Place. Second Pre- cinct, Ward 2. Polling Place. First Precinct, Ward 3. Polling Place. .Seco-.^d I're- cict, Ward 3. Polling Place. First Precinct, Ward 4. hereby established therein as follows : The first precinct of Ward One shall embrace all that portion of said Ward South of Broad Street, East of Church Street to Water Street, South of Water Street to Meeting Street, East of Meeting Street to South Bay Street. The poll shall be held at or near the corner of Church and Water Streets. The second precinct of Ward One shall embrace all that portion of said Ward South of Broad Street, East of King Street, West of Church Street to \\^ater Street to Meeting Street, West of Meeting Street to South Bay Street. The poll shall be held at or near the corner of Meeting and Tradd Streets. The first precinct of Ward Two shall embrace all that portion of said W^ard South of Broad Street, West of King Street to South Bay Street, including South side of said street to Ashley River, East of Legare Street to Tradd Street, North of Tradd to Logan Street, East of Logan to Broad Street. The poll shall be held at or near the corner of King and Tradd Streets. The second precinct of Ward Two shall embrace all that portion of said Ward South of Broad Street, West of Logan Street to Tradd Street. South of Tradd to Legare Street, West of Legare Street to Ashley River. The poll shall be held at or near the corner of New and Broad Streets. The first precinct of Ward Three shall embrace all that portion of said Ward North of Broad Street, South of Hasell Street, East of Church Street and Maiden Lane. The poll shall be at or near the cor- ner of State and Cumberland Streets. The second precinct of Ward Three shall embrace all that por- tion of said Ward North of Broad Street, South of Hasell Street, West of Church Street and Maiden Lane and East of King Street. The poll shall be held at Market Hall. The first precinct of Ward Four shall embrace all that portion of said Ward North of Broad Street, South of Wentworth Street, \OTING PRECINCTS. 353 West of King- Street and East of Mazyck and Com- ing Streets. The poll shall be held at or near the corner of Archdale and Beanfain Streets. The sec- ond precinct of Ward Four shall embrace all that portion of said Ward North of Broad Street, South of Wentworth Street, West of Mazyck and Coming Streets. The poll shall be held at or near the corner of Smith and Beaufain Streets. The first precinct of \\''ard Five shall embrace all that portion of said Ward North of Hasell Street, South of Calhoun Street, and East of Anson Street. The poll shall be held at or near the corner of Laurens and Middle Streets. The second precinct of Ward Five shall embrace all that portion of the said Ward North of Hasell Street, South of Calhoun Street, West of Anson and East of King Street. The poll shall be hekl at or near the corner of Meeting and Society Streets. The first precinct of Ward Six shall em- brace all that portion of said Ward North of Went- worth Street, South of Calhoun Street, West of King Street, and East of Pitt Street. The poll shall be held at or near the corner of George and College Streets. The second precinct of Ward Six shall embrace all that portion of said Ward North of Wentworth Street, South of Calhoun Street and West of Pitt Street. The poll shall be held at or near the corner of Bull and Rutledge Streets. The first precinct of Ward Seven shall embrace all that portion of said Ward North of Calhoun Street, South of Mary Street, and East of Elizabeth Street. The poll shall be held at 'or near the corner of Alex- ander and Charlotte Streets. The second precinct of Ward Seven shall embrace all that portion of said Ward North of Calhoun Street, South of Mary, West of Elizabeth Street and East of King Street. The poll shall be held at or near the corner of Hud- son and Meeting Streets. The first precinct of Ward Eight shall embrace all that portion of said Polling Place. Second Pre- cinct, Ward 4. Polling Place. First Precinct, Ward 5. Polling Place. Second Pre- cinct, Ward 5. Polling Place. First Precinct, Ward 6. Polling Place. Second Pre- cinct, Ward 6. Polling Place. First Precinct, Ward 7. Polling Place. Second Pre- cinct, Ward 7. Polling Place. First Precinct, Ward 8. 354 \(>'1IN(; I'RKCINCTS. Pollino; Place. Second Pre- cinct. Ward 8. Polling Place. First Precinct, Ward 9. Polling Place. Second Pre- cinct, Ward 9. Polling Place. l'"irs' Pr'j inct, Ward 10. Polling Place Second Vr< circt. Ward 10. Polling Place. First I'recin;-t, Ward II. Polling Place. Second Pre- cinct, Ward II. Polling Place. Ward North of Calhoun Street, South of RadcHffe Street. West of King Street and East of Pitt and Thomas Streets. The poll shall be held at or near the corner of Vanderhorst and Coming Streets. The second precinct of Ward Eight shall embrace all that portion of said Ward North of Calhoun Street, South of Radcliffe and Bee Streets and West of Pitt and Thomas Streets. The poll shall be held at or near the corner of Rutledge and Vanderhorst Streets. The first precinct of Ward Nine shall em- brace all that portion of said Ward North of Mary Street, South of Columbus Street and East of Nas- sau and Hanover Streets. The poll shall be held at or near the corner of Amherst and America Streets. The second precinct of Ward Nine shall embrace all that portion of said Ward North of Columbus, East of Hanover Street to the City Boundary. The poll shall be held at or near the corner of America and Cooper Streets. The first precinct of Ward Ten shall embrace all that portion of said Ward North of Mary Street, South of Columbus Street, West of Nassau and East of King Street. The poll shall be held at or near the corner of Woolfe and ^Meeting Streets. The second precinct of Ward Ten shall embrace all that portion of said Ward North of Co- lumbus. East of King Street and West of Hanover Street to the City Boundary. The poll shall be held at or near the corner of Line and Meeting Streets. The first precinct of Ward Eleven shall embrace all that portion of said Ward North of Radcliffe Street, South of Spring Street, West (^f King- Street and East of Rutledge Avenue. The poll shall be held at or near the corner of Morris and Coming Streets. The second precinct of Ward Eleven shall embrace all that portion of said Ward North of Spring Street, West of King Street and East of Rutledge Street to the City Boundary. The poll shall be held at or near the corner of Line and Com- REGISTRATION OF \OTERS. 355 ing Streets. The first precinct of W^ard Twelve -irst Precinct, shall embrace all that portion of said Ward North '■''^ '' of Bee Street, West of Riitledge Avenue. East of President Street and its line of prolongation to the City Boundary. The poll shall be held at or near the poiung piace. corner of Ashley and Spring Streets. The second precinct of Ward Twelve shall embrace all that por- tion of said Ward North of Bee Street, West of President Street and its line of prolongation to the City boundary. The poll shall be held at or near I'oi'ing piace the corner of Spring and Norman Streets. The said voting precincts are hereby declared to be voting precincts for all elections held in the City of Charles- ton, whether State, Federal or municipal. Second Pre- nct, Ward 12. QUALIFICATION and Registration of Elec- tors IN Municipal Elections. Civil Code S. C. 1902. Sec. 174. Every male citizen of this State and Quaiii ft cations ' -^ J for registration the United States twenty-one years of age and up- after January 1st, wards, not laboring under disabilities named in —^ — — the Constitution of 1895 of this State, who shall con. Art.' 2. §i.' have been a resident in the State for two years, in the County one year, in the polling precinct in which the elector offers to vote four months before any election, and shall have paid six months before any election any poll tax then due and payable, and who can both read and write any Section of the said Constitution submitted to him by the registration officer or officers, or can show that he owns, and has paid all taxes collectible during the previous year on property in this State assessed at three hundred dollars or more, and who shall apply for registra- tion, shall be registered: Provided, That ministers in charge of an organized Church and teachers of public schools shall be entitled to vote after six 356 REGISTRATION OF VOTEKS. Who are quali- fied. No person to vote unless regis- tered. 1896. xxii. 34. months" residence in the State if otherwise quaHfied : Provided, further, That persons; who are idiots, in- sane, paupers supported at the pubHc expense and persons confined in any public prison shall be dis- qualified from being registered or voting : And pro- vided, further, That persons convicted of burglary, arson, obtaining goods or money under false pre- tenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, housebreaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomv, incest, assault with intent to ravish, miscegenation, and larceny, or crimes against the election laws, shall l)e disqualified from being registered or voting, unless such disqualification shall have been removed by the pardon of the Gov- ernor. Sec. 175. No person shall be allowed to vote at any election hereafter to be held unless he shall have been registered as herein required. Who entitled to vote in municipal elections. Municipal Reg- istration: how made. Sec. 194. Every male citizen of this State and of the United States of the age of twenty-one years and upwards, having all the qualifications mentioned in Section 174 of this Act, and who has resided within the corporate limits of any incorporated city or town in this State for four months previous to any municipal election, and has paid all taxes due and collectible for the preceding fiscal year, and who has been registered as hereinafter required, shall be entitled to vote at all municipal elections of his city or town after the general election in the year 1896. Sec. 195. Ninety days before the holding of a regular election in any incorporated city or town in this State, the Mayor or Intendant thereof, shall appoint one discreet individual who is a qualified elector of such municipality as Supervisor of Regis- tration for such city or town, whose duty it shall be to register all (jualified electors within the limits of Rl".(;i STRATI ()\ Ol" \(iti:ks. 357 the incorporated city or town. The names of all qualified electors of such municipality shall be en- tered in a book of registration, which at least one week before the election and immediately after the holding of the election shall be filed in the office of the Clerk or Recorder of such city or to\vn, and shall be a public record open to the inspection of any cit- izen at all times. Such registration shall be used for all special elections in the municipality until ninety days preceding the next regular election : Pro- vided, That in cities of over fifty thousand inhabi- tants there shall be appointed three Supervisors, who shall represent different political parties or fac- tions of parties. Immediately preceding any muni- cipal election to be held in any incorporated city or town in this State, the Supervisor or Supervisors of Registration (as the case may be) shall prepare for the use of the Managers of Election of each polling precinct in such city or town a registration book or books for each polling precinct in such city or town containing the names of all electors entitled to vote in such polling precinct at said election. Sec. 196. It shall be the duty of the Mayor or j,e^f°umishe*cf' *° Intendant of incorporated cities or towns to cause to be prepared and furnished suitable books of regis- tration and all stationery and blanks necessary for the registration of electors. Sec. 197. The Supervisor or Supervisors of f„p "raLiitratior Registration (as the case may be) shall judge of the How determined, qualifications of all applicants for registration. The production of a certificate of registration from the Board or Supervisor of Registration of the County entitling the applicant to vote in a polling precinct within the incorporated city or town in which the applicant desires to vote shall be a condition pre- requisite to the applicant's obtaining a certificate of registration for municipal elections ; and the produc- tion of such certificate and proof of his residence 358 RK(;iSTKATl(3N OF VOTfZRS. Appeals. Place of voting. Elector to have certificate. within the Hmits of the municipahty for four months preceding such election and the payment of all taxes assessed against him due and collectible for the pre- vious fiscal year shall entitle the applicant to regis- tration. From the decision of the municipal Super- visor any applicant may appeal to the Court of Com- mon Pleas, or any Judge thereof, and from thence to the Supreme Court, and the mode of appeal shall be the same as provided in Section i8o of the Civil Code. Sec. 198. In inccjrporated cities or towns in which there are more than one polling precinct, every elector shall vote at the polling precinct in which his registration certificate entitles him to vote. Sec. 199. Each elector registered by the munici- pal Supervisor or Supervisors of Registration (as the case may be) shall be furnished by such Super- visor or Supervisors (as the case may be) with a certificate, which shall be of the following form : Form of certifi- State OF SouTH CAROLINA, City or Town of cate. Registration Certificate for Municipal Election. Number , Ward . This is to certify that is a qualified elector of the city or town of resides in Ward , is years of age, and is entitled to vote in the municipal election on the day of , 19 » "Supervisor of Registration." J > (01-) -- ■-, ^^ "Supervisors of Registration." RKGIS IRATloX Ol' VOIKRS. 359 Sec. joo. Before any municipal election to be Managers of held in any incorporated city or to\yn in this State fiished"\vith reg^s- after the general election of 1896, the municipal '""''°" ^°°^'- Superyisor or Superyisors of Registration, (as the case may be) shall furnish the Managers of Election with the book or books of registra- tion for the city or town, or precinct thereof, prepared by him or them for the use of the Mana- gers of Election as prescribed in Section 195, which they shall return to the Superyisor or Super\'isors (as the case may be) within three days after the election; and no elector shall be allowed to yote in any municipal election whose name is not registered as herein proyided. or who does not produce a municipal registration certificate at the polls : Provided, That in case the name of any registered elector does not appear, or incorrectly ap- pears, on the registration books of his polling pre- cinct, he shall neyertheless be entitled to vote, upon the production and presentation to the Managers of Election of such precinct (in addition to his municipal registration certificate) a certificate of the Clerk or Recorder of such city or town that his name is enrolled in the registration books of his city or town, on file in the office of said Clerk or Recorder, and it shall be the duty of said Clerk or Recorder to furnish such certificate without cost or charge upon demand of any such elector whose name appears on the registration book of his city or town on file in the office of said Clerk or Recorder. Sec. 201. Every applicant for registration, in- ^Oath^ requiied eluding municipal registration, shall first take the following oath, to be administered to him by the Board or the Supervisor or Supervisors of Registra- tion (as the case may be:) "I do solemnly swear (or affirm) that I am a male citizen of this State and of the United States ; that I am twenty-one years of age or more : that T have resided in this of applicant. 360 REGISTRATION OF VOTERS. State for two years, and in this County for one year, and in the polhng precinct in which I apply to be registered and in which I will offer to vote if reg- istered for four months ; and that I have not been convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, rob- bery, bribery, adultery, bigamy, wife-beating, house- breaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation, larceny, or crime against the election laws." Each Township Sec. 202. Each towuship as now or hereafter a polhng precinct. , . , i i ,- i • , i /-^ • • i • laid out and denned m the several Counties m this State, and in those Counties where there are no such township the parish as formerly known and defined is declared a polling precinct. In all cities and towns containing five thousand inhabitants or more, where the same is divided into wards, each ward shall have a polling precinct; and in the City of Charleston the polling precincts shall be the same as the voting precincts now established in the several wards of said city by law, and in the County of Richland that portion of Columbia Township outside of the corporate limits of the City of Columbia (as the said limits are now or may hereafter be by law established) shall constitute a separate polling pre- cinct. The voting places within these polling pre- cincts shall be the same as now or hereafter estab- lished by law : Provided, When there are more than one voting place in the polling precincts the elector for that precinct can vote at either polling place, to be designated on his certificate of registra- tion by Board of Registration or Supervisor of Registration. I'ARAMOl'NT I.IKN I'OR Cll'Y TAXES. 361 AN ACT TO Authorize the City Council of Approved Charleston to Make City Taxes a Lien xvi sti't.,'^^^' FOR the Term of Two Years. 725- Be if enacted by the Senate and House of Repre- sentatives of the State of South Carolina, nozv met and sitti)ig in General Assembly, and by the author- ity of the same. That the City Council of Charleston shall be. and they are hereby vested with power and authority to make any tax hereafter imposed by them, a lien paramount to all other liens, except taxes imposed by the State, which may exist or may there- after attach to any real property in reference to which the tax is levied ; and the said lien shall remain in force as a paramount lien for the. term of two years : Provided, That no such lien shall exist un- less the amount of taxes claimed against each piece of property be recorded in a book kept for that pur- pose, showing the name of the owner, an accurate description of the property, and the amount of taxes I'roviso claimed, which book shall be kept in the office of the City Treasurer, and be open to the inspection of the public ; and the City Treasurer shall be recjuired to give certificate of what taxes are clue against any person, and on what piece of property, on the de- mand of any person, for which he shall be allowed to charge a fee of twenty-five cents for each name. Taxes a lien for two years. AN ACT TO authorize the City Council of Charleston to Tax the Income of Per- sons Resident without the said City, de- rived FROM Business Conducted within the City. Ratified Dec. 21, 1836. Section i. Be it enacted, That the City Council ^^^""of incomJ of Charleston shall be, and they are hereby vested dL-ive'd^i^^^ch^"*^ :ity. 24 362 I.UKNS1-: TAX. 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, flerived from the pursuit of any faculty, profession, or occupation, conducted within the lim- its of 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 persons resident within the same. Approved ''^N ACT TO AUTHORIZE THE CiTY COUNCIL OF Dec. 17, 1881. Charleston to Impose a License Tax on ALL Persons Engaged in any Business, Trade, or Profession in the City of Charleston. Preamble. Whereas, by an inadvertence in an Act entitled "An Act to regulate the assessment and taxation of personal property in the City of Charleston," ap- proved March Tst, [870, it has been questioned whether the intent of the said Act to empower the City Council of Charleston to impose a license tax on persons engaged in business in the City of Charleston can be accomplished — Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, nozv met and sitting in General Assembly, and by the authority of the same. That the City Council Authorized to of Charkstou be, and are hereby authorized to re- grant licenses. ^^^-^^ ^j^^ payment of such sum or sums of money, not exceeding five hundred dollars, for license or licenses, as in their judgment be just and wise, by any person or persons engaged, or intending to en- gage in any calling, business or profession, in whole or in part, within the limits of the City of Charles- TAXATION. 363 ton, except those engaged in the calHng or profes- sion of teachers and ministers of the gospel. Sec. 2. The said City Council of Charleston is ordinances to hereby authorized to pass such Ordinances as are ^thorized° necessary to carry the intent and purposes of this Act into full effect. Sec. 3. That this Act shall take effect from the date of its approval. ******* AN ACT TO Amend the Charter of the City of Approved Dec. Charleston, with reference to the En- ^— — '■ FORCEMENT AND COLLECTION OF TaXES ON Personal and Real Property. Be it enacted by the Senate and House of Repre- sentatives of the State of South Carolina^ 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, for Enforcement ,1 r j^ 1 ti i- r i J" • •- and collection of the enforcement and collection of taxes for munici municipal taxes. pal purposes, on real and personal property within the City of Charleston, to adopt such of the State legislation heretofore enacted, or hereafter to l)e enacted, as they may deem expedient, and as may be applicable, with reference to the enforcement and collection of State and County Taxes, and sales of real and personal property for payment of the same, including the levy and sale of real and personal property for delinquent taxes, and the proceedings subsequent to sale, as provided in the Act entitled, "An Act in relation to forfeited lands, delinquent lands and collection of taxes," approved December 24th, 1887, and all amendments thereto: Provided, Proviso. always, That such municipal legislation shall provide for the priority of State and County Taxes over Municipal Taxes. 364 CHAIN GANG LAW. Chain Gang Law. Extracts from Civil Code, 1902, being Sections 77^^ 77Z^ 77Ar and 783. Sentence prisoners to labor. of hard Municipal victs. County gang. chain Sec. 772. All the Courts of this State and muni- cipal authorities which, under existing laws, have power to sentence convicts to confinement in prison with hard labor, shall sentence all able bodied male convicts to hard labor upon the ])ublic works of the County in which said persons shall have been con- victed, and in the alternative to imprisonment in the County Jail or State Penitentiary, at hard labor : Provided, That municipal authorities may sentence municipal convicts to work upon the streets and other public works of the municipality in which they have been convicted, and such convicts, when so sen- tenced, shall work under the exclusive direction and control of the municipal authority imposing sen- Provided, That no convict, whose sentence shall be for a period longer than five years, shall be so sen- tenced. Sec. yyT). All convicts upon whom may be im- posed sentence of labor on the highways, streets, and other public works of a County shall be under the exclusive supervision and control of the County Supervisor and by him formed into a County chain gang and required to labor on the highways, roads, bridges, ferries and other public works or buildings of the County and he shall direct the time, place and manner of labor to be performed by said chain gang : Provided, That said chain gang shall not be worked in connection with or near any road contractor or overseer. And all convicts upon whom may be im- posed sentence of labor on the highways, streets or other public works of a city or town shall be under the exclusive supervision and control of the munici- CHAIN GANG LAW. 365 pal authorities of such city or town, or such officer or officers as such municipal authorities may ap- point, and by them or him formed into a city or town chain gang, and required to labor on the streets, lanes, alleys, drains and other municipal pub- lic work or buildings of such city or town (includ- ing public parks owned and controlled by such city or town, whether within or without the corporate limits of such city or town), but on no other high- ways, streets or other public works in or of the County in which such city or town may be situated : Provided, That if any convicts upon whom may be imposed sentence of labor on the highways, streets, and other public works of a County are not formed into a County chain gang, or are not required to labor on the highways, streets and other public works of a County, they may be required to labor on the highways, streets and other public works of anv city or town in such County, having a city or town chain gang, upon such terms as may be agreed upon by and between the County Board of Commis- sioners of such County and the municipal- authorities of such city or town. Sec. 774. The County Board of Commissioners shall diet and provide suitable and efficient guards and appliances for the safe keeping of said convicts. They shall likewise provide all necessary tools, im- plements and road machines for performing the wfork required of said convicts, all costs and expenses of which shall be paid out of the County road fund in the same manner as other charges against said fund are paid. Sec. 783. In case any convict or convicts so em- ployed by the County Supervisor shall become un- governable or unfit for the labor required of such convict or convicts, the said Supervisor may commit such convict or convicts to the State Penitentiary or County Jail. And it shall be the duty of the Super- Care of victs, tools, expenses. Con- etc. Surrender of convicts, and safe keeping of. 366 BEGGARS. intendent of the Penitentiary, or the Sheriff of the County, as the case may be, to receive any such con- vict or convicts so committed. When said chain gang is not employed, or when convenient and prac- ticable, they shall be confined in the County Jail for safe keeping under direction of said Supervisor. Beggars. Ratified Dec. 19, 1795. AN ACT TO VEST THE CiTY COUNCIL OF CHARLES- TON W^ITH CERTAIN POWERS THEREIN MEN- TIONED. City Council Section I . Bc it enacted. That the City Council authorized to take r /— 1 1 1 11 1 11 11 1 up and confine 01 Charleston shall be, and they are, hereby vested strolline; beggars. .,.,, ,,. , 11- With full power and authority to take up and confine to labor (if they are capable thereof) all strolling beggars found strolling and begging about the City of Charleston, and to make such rules and Ordi- nances for the due regulation of such persons as they shall see fit. Buildings. Ratified June I, 1838. AN ACT FOR Re-Building the City of Charles- ton. Sec. 8. And, whereas, the frequent visitation 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 the buildings in the said City may be endangered ; and no induce- ment is offered to individuals to erect fire-proof BUILDINGS. 3^7 buildings so long as others are allowed to build in the immediate neighborhood of combustible materi- als : for remedy whereof : Be if enacted, That here- wooden buiid- r • 111 'i 1 ri 1-11 '"§s not to be alter it shall not be lawful to build, put, erect or con- constructed, struct wnthin the City of Charleston any wooden or framed building, or to cover any building with a roof of combustible materials ; and every building or con- struction, framed or constructed of wood, or having more wood on the outside thereof, or the roof of which is constructed otherwise than is prescribed by an Ordinance ratified by the City Council of Charleston on the eighth of 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 Declared com- ' • mon nuisances abated by the judgment and process of any court and to be abated, of competent jurisdiction; and the persons respect- ively building, covering or constructing, or instru- mental in building, covering or constructing any building, roof, or construction, contrary to this Act, or to the provisions prescribed in the said Ordi- nance, shall be subject 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 build- ings which shall be erected on old foundations, in part or in whole, shall be deemed and considered within the provisions, restrictions and regulation of the said Ordinance and this Act ; and full power and authority are hereby granted and confirmed to the City Council of Charleston to determine the ma- terials, thickness and construction of the walls and Council may . „ ... J prescribe size and Other parts of buildings, of different dimensions and materials of waiis. 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 368 BUILDINGS. the said City from tires : 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 iiowed by the tide, within the City, shall be excepted only to such extent as has been excepted by the said City Council. Ratified Dec. 20, 1856. AX ACT TO Amend the Laws in relation to THE Erection of Wooden Buildings in the City of Charleston. Lawful to erect wooden build- ings in Charles- ton for twenty years in certain localities. Localities scribed. pre- Buildings to be covered with slate, tin, or other incombustible ma- terial. Section i. Be it eiiaeted by the Senate and House of Representatives, noie met and sitting in General Assembly, and by the authority of the same, That, during the next twenty years, all made, marsh, mud, or water lots, in the City of Charleston, situate South of Calhoun Street, and East of that portion of East Bay Street lying North of Market Street, or to the \\'est of Legare, Savage, Franklin, or Wil- son Streets, or of that portion of Smith Street from Beaufain to Calhoun Street, shall be exempt from the provisions of the Ordinance of the City of Charleston to prevent the erection of wooden build- ings, and to provide greater security against fires, ratified May eighth, in the year of our Lord one thousand eight hundred and thirty-eight ; and also from the provisions of the eighth section of the Act for re-building the City of Charleston, ratified June the first, in the year of our Lord one thousand eight hundred and thirty-eight : Provided, That every building to be erected on any such lot shall be cov- ered with slate, tin or some other material not com- bustible : And provided also. That after the expira- tion of the said twenty years the City Council of Charleston, or the General Assembly of the State, may cause to be removed or taken down any of such wooden buildings as they may deem expedient. nrii.Dixcs. 369 Sec. 2. That the wooden buikhngs whicli have wooden buiid- been erected on any made, marsh, mud, or water lots Ivily.^'^iSs^s! ^may within the City, since the eighth day of May in the ^-^^ council ^^ year of our Lord one thousand eight hundred and thirty-eight may continue to stand so long as the City Council or the General Assembly may not deem it for the public good that they, or any of them, should be removed : Proz'idcd, however. That every ah such buiid- such building of more than one story in height, stfry to%& m"^ shall, within the next ten years be covered with inrstibie'* material slate, tin or some other material not combustible, "'""" *''" y^"*"- and that the City Council shall cause a register to be made of such buildings, and shall take such meas- ures as shall best carry into effect this Act: Pro- vided also, That nothing herein contained shall apply to any suits or prosecutions now i)en(ling before any of the Courts. Sec. -i. That after the hrst dav of January, in After ist jan- T 1 ' 1 • 1 1 J J w^rv, 1862, no the year of our Lord one thousand eight hundred roof of any house . ^ ^ , • 1 • J.1 r^'j. *o be repaired or and sixty-two, no root of any house witlim the uity renewed with any of Charleston shall be repaired with any combustible r°a7. "^ ' material; and whenever the roof of any house shall be repaired or renewed with any combustible mate- rial, the owner of the building, and all persons who shall make or cause to be made such repairs or un- lawful work shall respectivelv be liable to the penal- Owner or per- '- ^ /-^ • r 1 /~>' ■'^"" making such ties which- are enacted by the Ordinance of the City repairs liable to . I'll' "^ penalty for vio- Council above recited, against the person building lating this pro- or constructing, or causing to be built or con- structed, a wooden building within the limits of the said City ; and the person who shall be employed in making such unlawful repairs shall be subject to the penalties enacted by the said Ordinance against per- sons employed in the building or construction of any building contrary to the provisions of the said Ordi- nance. Sec. 4. That whereas, wooden buildings within the said City have been raised on brick founda- vision. 370 BUILDINGS. Unlawful t o raise wooden buildings on brick foundations, or add one or more stories, un- less the roof be covered with in- combustible ma- terial. Penalty for any violation. Exemption granted to the Upper Wards by Act of Assembly, December, 1849, not to be abridged. tions, and it is deemed safer to modify such prac- tice, it shall be unlawful after the first day of March next to raise any wooden building on a brick founda- tion, or to add one or more stories thereto, so that the roof shall be higher than the top of the building as it stood originally unless the roof shall be made of incombustible material. And the owner of any building so raised unlawfully, shall be liable to the same penalties which are enacted by the Ordinance above recited against the persons who shall build or construct, or cause to be built or constructed, any wooden building within the limits of the said City; and the persons employed in raising, unlawfully, such buildings, shall be subject to the same penalties as persons employed in the building or construction of any building contrary to the provisions of the said Ordinance, are subjected to by the provisions of the said Ordinance. Sec. 5. That this Act is not to be construed so as to abridge in any manner, the exemption granted to the upper Wards of the City of Charleston, by the Act of the General Assembly entitled, "An Act to Extend the Limits of the City of Charleston," ratified the nineteenth day of December, in the year of our Lord one thousand eight hundred and forty- nine. Approved March i, 1870. AN ACT TO REPEAL AN ORDINANCE ENTITLED, "An Ordinance to prevent the erection OF Wooden Buildings, and to provide greater security against Fires," and also certain portions of the Acts of the Gen- eral Assembly referring to the erection OF Wooden Buildings in the City of Charleston. Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- BUILDINGS. 371 oliiui, ii<}w met and sitting in General Assembly, and by the authority of the same. That an Ordinance Kepeai. entitled, "An Ordinance to prevent the erection of wooden buildings, and to provide greater security against fires," passed by the City Council of Charles- ton, and ratified the eighth day of May, in the year of our Lord one thousand eight hundred and thirty- eight, and such Sections in the Act of the General Assembly entitled, "An Act for rebuilding the City of Charleston," as prohibits the erection of wooden buildings within its corporate limits, ratified on the first day of June, in the year one thousand eight hundred and thirty-eight, together with such provis- ions of an Act entitled, "An Act to amend the laws in relation to the erection of wooden buildings in the City of Charleston," ratified December the twentieth, in the year one thousand eight hundred and fifty-six, as are amendatory of the Ordinance first aboN^e mentioned, be, and the same are hereby, certairn^*io°caiities. repealed, except as to such portions of the said City of Charleston as are hereinafter described, to wit : All lots abutting on the West side of King Street, from South Bay to Calhoun Street, and all rear lots, the entrance to which are on said West side of King r^escription. Street; all that territory lying on the East side of King Street, and North of South Bay Street, and extending Northerly as far as Society Street, and to Cooper River on the East, excepting such made, marsh, mud or water lots as may be located North of Market Street and East of East Bay Street ; also, all that territory lying East of King Street, running Northerly to Calhoun Street, commencing at Society Street, and Easterly to Anson Street; all lots abut- ting on the East side of Anson Street from Calhoun to Society Street, including all rear lots with entrances on said Anson Street ; all lots abutting on the North side of Society Street, from Anson Street running East to Cooper River, including all rear 372 BUILDINGS. Proviso. lots with entrances on said Society Street.* Provided, That every wooden building to be erected on any part of the lots or territory South of Calhoun Street, exempted from the operation of the Ordi- nances of said City, and Acts of the General Assem- bly preventing the erection of wooden buildings, by this Act mentioned, shall be not less than two stories in height ; and that all the inner walls of said building, including all partitions and ceilings, shall Further proviso, be lathed and plastered. And provided further, That said building shall be covered with slate, tin, tiles, or some other materials not combustible. Any person or persons who shall erect any buildings on any of the lots or territory described in the first provision of this Section as exempt from the opera- tion of the Ordinances of said City, and Acts of the General Assembly, preventing the erection of wooden buildings contrary to any of the provisions of this Act, upon proof to conviction, shall be fined in the sum not less than three hundred, nor more than six hundred dollars. And provided further. That nothing in this Act shall be construed as re- pealing any portion of an Ordinance entitled, "An Ordinance to regulate the erection of steam-engines and machinery propelled by steam within the City." passed by the City Council of Charleston, and rati- fied the eleventh day of January, in the year of our Lord one thousand eight hundred and forty-five. Sec. 2. All Acts or parts of x\cts. Ordinances or parts of Ordinances, inconsistent with this Act, are hereby repealed. nuiLinxGs. 373 AN ACT TO Amend an Act entitled, "An Act TO Repeal an Ordinance to Prevent the ERECTION OF WoODEN BuiLDINGS, AND TO Provide Greater Security against Fires, AND ALSO Certain Portions of the Acts of the General Assembly Referring to the Erection of Wooden Buildings in the City of Charleston." Approved Dec. 23, 1886. 19 Stat., 538. Be it enacted by the Senate and House of Repre- sentatives of the State of South Carolina, now met and sitting in General Assembly, and by the author- ity of the same. That an Act entitled, "An x\ct to repeal an Ordinance to prevent the erection of wooden buildings, and to provide greater security against fires, and also certain portions of the Acts of the General Assembly referring to the erection of wooden buildings in the City of Charleston," ap- proved March i, 1870, be, and the same is hereby, amended by striking out the words "all lots abutting on the \\^est side' of King Street from South Bay to Calhoun Street, and all rear lots the entrance to which are on said West side of King Street, and all territory lying on the East side of King Street and North of South Bay Street, and extending Northerly so far as Society Street, and to the Cooper River on the East, excepting such made, marsh, mud or water lots as may be located North of Market Street and East of East Bay Street ; also all that territory lying East of King Street, running Northerly to Calhoun Street, commencing at Society Street and Easterly to Anson Street ; all lots abutting on the East side of Anson Street from Calhoun to Society Streets, in- cluding all rear lots with entrances on said Anson Street ; all lots abutting on the North side of Society Street from Anson Street running East to Cooper River, including all rear lots with entrances on said A. A. 1870, § I, 14 Stat., 412, • Amended. Limits ed in Act. prescrib- former 374 BUILDINGS. Limit amended. Society Street," in the first Section thereof, and inserting in Heu thereof the words "all lots abutting on the East and West sides of King and Meeting Streets from Broad Street to Calhoun Street, and all rear lots the entrance to which are on said parts of King Street and Meeting Street ; all lots abutting to the East and West sides of East Bay Street from Stoll's Alley to Society Street, and all rear lots the entrances to which are on said parts of East Bay Street, and all that territory lying to the East of East Bay Street from Stoll's Alley to Society Street, excepting such made, marsh, mud or water lots as may be located North of Market Street and East of East Bay Street; all lots on the North and South sides of Broad Street from East Bay Street to King Street, and all rear lots the entrance to which are on Consent of said part of Broad Street. Provided, That no tenement building be erected on any lot in said City without the consent of the City Council of Charles- ton. Provided further, That the City Council of Charleston shall have the power, and they are hereby authorized by Ordinance, at any time to permit the erection of wooden buildings in all or any part of the following described additional territory, to wit : All lots abutting on the East and West sides of King Street and Meeting Street between Broad and Queen Streets ; all lots abutting on the North side of Broad Street and South side of Queen Street be- tween Church and King Streets, and all lots the en- trances to which are on said parts of King, Meeting. Broad and Oueen Streets." * City Council. City Council may permit wooden buildings in certain limits. * This Act is amended by inserting the words "and on the East side of Meeting Street and North side of George Street at the Northeast corner of George and Meeting Streets for a distance of 112 feet on Meeting Street and 75 feet in depth on George Street and the same depth on the north line of said lot," after the words "all lots abutting on the East and West sides of King Street and Meeting Street, between Broad and Queen Streets," in the last proviso. See A. A. December 19, 1892. 21 Stat., 191. BUILDINGS. 375 AN ACT TO Authorize the City Council of Approved Charleston to ordain the Necessary Or- is^'^stlt.'. '298.' DINANCES FOR THE PROTECTION OF LiFE IN CASE OF Fire or Accident in Buildings in SAID City. Section i. Be it enacted by the Senate and House of Representatives of the State of South Carolina^nozv met and sitting in General Assembly, and b\ the authority of the same, That the City cuy Coundi -* - ' ' -' authorized to pass Council of Charleston be, and they are hereby au- ordinances, etc., / -^ for protection or thorized, to pass all necessary Ordinances, rules and Hfe in cases of . . . . . fire, etc. regulations for the protection of life in cases of fire or accidents in any and all buildings in said City, with power to fix penalties for the non-observance of such Ordinances, rules and regulations. Sec. 2. That the officers and other persons who officers to enter may be appointed by the City Council of Charleston discharge of their ^ ^^ , -. . r 1 /-N 1- 1 duties. to execute the provisions of such Ordinances, rules and regulations shall, as far as may be necessary for the performance of their respective duties, have the right to enter any building or premises in said City of Charleston. AN ACT to Prevent Injury from Unsafe Approved Buildings in the City of Charleston. Dec. 23. 1885. Section i. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and b\ the authority of the same. That if any build- ^ Building - -' I •> structure ing, or part of a building, staging or other structure, ^d unsafe or anything attached to or connected with any build- ing, or any other structure, in the City of Charleston shall, from any cause, be reported dangerous or un- safe, so as to endanger life and limb, it shall be the or structure report- 376 BUILDINGS. To be inspect- ed, and owner or agent notified. Time allowed owner to make same safe. Immediate action. If owner neglect. Survey to be made by three jiersons. Where owner neglects to ap- l>oint. duty of the Chief of PoHce and Alayor of the said City to inspect such structure, and if, in their opinion, the same be dangerous, they shall immedi- ately notify the owner, agent, or other party having an interest in said structure, to cause the same to be made safe and secure, or removed, as may be necessary. Sec. 2. be allowed The person or persons so notified shall until twelve o'clock noon of the day following the service of such notice in which to commence the securing or removal of the same ; and he or they shall employ sufficient labor to remove or secure the same as 'expeditiously as can be done. Provided, lun^'evcr. That in cases where the public safety requires immediate action, the Chief of Police and Mayor of the said City may enter upon the premises with such workmen and assistants as may be necessary, and cause the said unsafe structure to be shored up, taken down, or otherwise secured without dela}^ and a proper fence or boarding to be put up for the protection of passers-by. Sec. 3. If the owner, agent, or other party in- terested in the said unsafe structure, having been notified, shall refuse or neglect to comply with the requirements of said notice within the time specified in Section 2, then a careful survey of the premises named in said notice shall be made by three disin- terested persons, one to be appointed by the Chief of Police and Mayor of the City, one by the owner or other interested party, and the third chosen by these two, and the report of such survey shall be reduced to writing, and a copy served upon the owner or other interested party; and if said owner or other interested party refuse or neglect to appoint a mem- ber of such Board of Survey, then the survey shall be made by the City Engineer and the Chief of the Fire Department of Charleston, and in case of dis- agreement, they shall choose a third person. BUILDINGS. }>n re- Sec. 4. Whenever the report of any such survey, continued had as aforesaid, shall declare the structure to be *"''''' "'' "^^'^^*- unsafe, or dangerous to life and limb, the Chief of Police and the Mayor of the said City shall, upon continued refusal or neglect of the owner or other interested party, cause such unsafe or dangerous structure to be taken down, or otherwise made safe ; and the costs and charges shall become a lien upon costs and said estate, to be collected according to law, but without prejudice to the right which the owner thereof may have to recover the same from any lessee or other person liable for expense of repairs. Provided, That nothing herein contained shall Proviso. authorize the recovery by the lessor of the lessee of the cost of any charges which may have been ren- dered necessary through the default or negligence of the lessor, or through want of repair, or defects existing in said premises at the commencement of the lease. Sec. S. Upon the citation of any structure as Forfeiture for •J r „ . . , every davs neg- unsafe or dangerous, by the Chief of Police and lect. Mayor of the said City, if the owner or other inte- rested party, being notified thereof in writing, shall refuse or neglect to cause the said structure to be taken down, or otherwise made safe, said owner or other interested party shall forfeit to the use of said City, for every day's continuance of said refusal or neglect, a sum not more than twenty dollars; said sum to be reco\^erable as debts are now by law recoverable. Sec. 6. Any owner or other interested person .Tuo trial. aggrieved by any such order may, within three days after the service thereof upon him, apply for a jury to the Court of Common Pleas, if sitting in the County, or to any Judge thereof in vacation. The Court or Judge shall issue a warrant for a jury to warrant for jury. be empaneled by the Clerk of the Court within fourteen days from the date of the warrant, in the 25 378 BUILDINGS. Finding of jury. Costs of trial. Trial not to prevent other rights. Building in process of erec- tion. Injunction. Building dan- gerous at fire. manner provided in Section 1551 of the General Statutes of tlie State. Sec. 7. The jury may affirm, annul or alter such order, and the Sheriff shall return the verdict to the next term of the Court for acceptance, and being accepted, it shall take effect as an original order. Sec. 8. If the order is affirmed, cost shall be taxed against the applicant; if it is annulled, the applicant shall recover damages and costs against the City; if it is altered in part, the Court may ren- der judgment as to cost as justice may require. Sec. 9. Nothing contained in the three preceding Sections shall be construed to bar the right of the City to recover the penalty enacted in Section 5 for the continuance of the refusal or neglect of the owner or owners, or other interested party or par- ties, to cause the structure in question to be taken down, or otherwise made safe, unless the order is annulled by the jury; but in default of such annul- ment, the City shall have the right to recover said penalty from the day of the original notice, as en- acted in said Section. Sec. 10. In case the building or structure cited as unsafe or dangerous shall be in process of erec- tion, alteration or repair, it shall be lawful for the Judge of the Court of Common Pleas, or any Judge thereof, either in term time or vacation, to issue forthwith an injunction restraining further progress in the work on said building, until the facts of the case shall have been investigated and determined, as herein provided. Sec. II. If any building in the City of Charles- ton shall appear, upon examination by the Chief of Police and Mayor of the said City, to be specially dangerous to life or limb, to members of the Fire Department, or to citizens in case of fire, by reason of insufficient thickness of walls, overloaded floors, defective construction, or other causes, such building FIRK DEPARTMENT. 379 shall be held and taken to be dangerous, within the meaning of, and subject to the provisions of this Act ; and the Chief of Police and Mayor of the said City, besides proceeding as hereinbefore provided, may affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of said building. Sec. 1 2. Any person or persons removing such notice so affixed, shall be liable to a penalty of not less than ten, nor more than fifty dollars for each and every ofifence, or to imprisonment not exceeding thirtv da vs. Notice to be posted. Penalty for re- moving notice. AN ACT TO Punish Malicious Interference WITH THE Fire Alarm Telegraph of the City of Charleston. Approved March i8, 1878. 16 Stat., 505. Felony jure any Be it enacted by the Senate and House of Repre- sentatives of the State of South Carolina, nozv met and sifting in General Assembly^ and by the author- ity of the same. That from and after the passage of this Act, any person or persons who shall wilfully and maliciously interfere with, cut or injure, or who telegraph. shall maliciously attempt to interfere with, cut or injure any pole or poles, wire or wires, insulator or insulators, alarm box or alarm boxes of the fire alarm telegraph of the City of Charleston, or any of the appliances or apparatus connected therewith, shall be deemed guilty of a felony, and, upon con- viction, shall be sentenced to hard labor in the State Penitentiary for a term not less than three, nor more than ten yearss. Provided, That nothing in this Act shall apply to the Superintendent of said fire alarm telegraph, or to his agents or servants, whilst discharging their duties as such. to Ill- part of Proviso. 380 i-"IRK IIKI'ART.MKNT. Approved AN ACT TO AUTHORIZE AND EMPOWER THE ChIEF ^r'stat!,S.' <>i' 'fHE Fire Department of the City of ■ Charleston to investigate and inquire INTO T?IE origin OF FIRES OCCURRING IN THE City of Charleston. Be it citacicd by the Srnatc and House of Repre- sentatii'es of the State of South Carolina, uozv met and slttiui^ in General Assembly, and b\ the author- ity of the same. That from and after the passage of this Act, it shall he the duty of the Chief of the chiet ot Fire Fire Department, or, in case of his absence, one of exlm[ix"Tause oi the Assistant Chiefs of the Fire Department of the City of Charleston, to examine into the cause, cir- cumstances and origin of any fire occurring in the City of Charleston, by which an}- l)uilding, vessels, vehicles, or any valuable personal property shall be accidentally or unlawfully burned, destroyed or damaged, whollv or ])artially, and to especially inquire and examine whether the fire was the result of carelessness, or the act of an incendiary; shall take the testimony, on oath, of all persons supposed to be coefnizant of anv facts, or to have means of knowledge in relation to the matters herein required to be examined and incpured into, and cause the same to be reduced to writing, \erified and transmitted to Report to the Chief of Police of the said City, with his report Chief of Police. . . , , • i • ■ • ' i i • in wntmg embodymg his opinions and conclusions in relation to the matter investigated. That for the purpose of making the examination and investiga- tion herein provided for, the said Chief, or the .Assistant, as the case may be, shall have power to issue a notice in the nature of a subpoena, in such form and subscribed in such manner as the Recorder of the City of Charleston shall prescribe, to compel Witnesses may the attendance of any i)erson as a witness before be summoned. . ... ,' .. 1'1"„U,. him to testifv in relation to any matter which is, by FIKK l>i:i'.\l.i /'•■j. authorized to com- ECTiON 4. 1 hat the City Council ot the City |.ci owners of of Charleston shall have full power and authority, iTfiiMhe^same^"' with the concurrence and approbation of the Board appointed by the Legislature, to compel the owners of low lots \\'ithin the said Cit}; to drain the same if such drainage be practicable, or to fill the same to the level of the streets on which such lots are fronting ; also to compel the owner or owners of cellars occasionallv filled with water, to cause the same to be punped out or otherwise carried off within five days, or to fill up the same if deemed requisite by the Commissioners appointed by this Act, within two weeks from the notification being given in writing to such owner or owners ; and in case of neglect or default they shall be subject to such penalty as shall be prescribed by the City Coun- cil ; and in case the owner or owners of such lot or lots, or cellars, upon such notice being given, shall neglect or refuse to fill up such lot or lots, or cause the water in their cellars to be pumped out, or other- wise carried off, the same shall be done by the City Council; and they are hereby authorized and em- powered to issue a warrant and collect the expenses 388 LOW LOTS. arising- from the same, or the accrued vahie of such lots. Ratified Dec. 19, 1827. VII Stat., 143. .\N ACT TO Amend an Act entitled "An Act TO appoint a Board of Commissioners for THE City of Charleston, with power and authority to declare in what cases the Streets, Lanes, and Alleys of the City shall be widened, and to provide for car- rying into execution the objects of the said Board," and for other purposes there- in mentioned. Preamble. Whereas, bv the fourth Scction of an Act of the General Assembly of this State, passed the sev- enteenth of December, in the year one thousand eight hundred and seventeen, entitled "An Act to appoint a Board of Commissioners for the City of Charleston, and for other purposes therein men- tioned," it was provided that the said Board of Commissioners should concur in the exercise of the powers therein granted to the City Council of Charleston, in relation to low lots and cellars within the City of Charleston ; and. whereas, it has been frequently found impracticable to obtain a meeting and concurrence of the said Board when it was necessary to act with promptness : Authority for Section 1. Bc it cuGCtcd , That so much of the filling up low lots and cellars vested fourth Scctiou of the Act aforcsaid as requires the exclusively in the City Council. concurrence of the Board of Commissioners in the exercise of the powers therein specified, be, and the same is hereby repealed ; and that all the power and authority aforesaid, be, and the same is hereby vested exclusivelv in the Citv Council of Charleston. LOW LOTS. 389 AN ACT TO AUTHORIZE THE CiTY COUNCIL OF Ratified Charleston to fill up Low Lots and "^c. is. 1830. Grounds in the City of Charleston, in cer- tain cases, and for other purposes. Section 1. Be it enacted, Ihat whenever the i-"" lots in a ^,. „ -1 r /M 1 1 11 1 r ■ ■ , "^tate of nuisance Lity Council 01 Charleston, shall be of opinion that to be filled up- any lots or g-rounds within the City of Charleston, belonging- to any person or persons, body or bodies corporate, are in a state of nuisance, or so situated that in warm and unhealthy seasons a nuisance may thereby be created, and the health of the citizens endangered ; or, whenever the land or streets in the vicinity of said lots may become liable to injury therefrom; the City Council of Charleston shall have full power and authority to cause a notice to be ^et^ed*^*'on'''own^ served on the owner or owners of such lots or '^'''^■ grounds, directing him or them to have the same filled up to such extent, in such manner, with such materials and within such reasonable time as may be prescribed in such notice ; and in case the owner or owners of such lots or grounds shall neglect or re- fuse to fill up said lots or grounds in conformity with said notice, that then the said City Council are hereby authorized and empowered to have such lots and grounds filled up to such extent, and in such manner, as they may think fit. Sec. 2. All expenses and charges paid or in- curred by the said City Council, in case such lots or grounds shall be filled up under their authority r,„nmon pilas.° and direction, as aforesaid, shall and may be recov- ered, with interest and cost of suit, in an action of debt, to be brought by said City Council in the Court of Common Pleas, against the owner or owners of such lots or grounds : Provided, The said ex- penses and charges do not exceed more than half the value of said lots or grounds. l-^xpenses for filling up such lots to be recover- 390 LOW ],01S. Approved Dec. 21, 1883. 18 Stat., 287. AN ACT TO AMEND AN ACT ENTITLED "An AcT TO AUTHORIZE THE CiTV COUNCIL OF Charleston to fill up Low Lots and Grounds in the City of Charleston in CERTAIN CASES, AND FOR OTHER PURPOSES. Section i. Be it enacted by tlie Senate and House of Representatives of the State of South Car- olina, no7c met and sitting in General Assembly, and by the authority of the same, That an Act entitled '*An Act to authorize the City Council of Charles- ton to fill up low lots and grounds in the City of Charleston in certain cases, and for other purposes," be, and the same is hereby amended by adding to Section II of said Act the following words, to wit : Provided, further. That if the estimated expenses and charges of filling said lots or grounds shall ex- when City cccd morc than half the value thereof, then and in Council may con- , , .,,-,. ^^ ., ^ ^^, , in demn lots to be that cvcnt the Said City Council of Charleston shall have power, and they are hereby authorized, to con- demn the said lot or lots, and upon paying to the owner or owners the price that may be fixed therefor as hereinafter provided the title thereof shall vest in the said City Council of Charleston, who shall pro- ceed to abate the said nuisance and sell the said lot or lots and reimburse themselves for all expenses and charges. That for the purpose of such con- demnation the City Council of Charleston shall file a petition in the City Court of Charleston setting forth the necessity of filling such lots, and that the owner or owners have refused or failed to fill the same upon being notified as provided by law, and that the estimated cost of filling the same will exceed more than half the value of said lot, a copy of which Judge of City petition shall be ser^•ed upon the owner or owners a °-urv ^t'o felhe '^^ ^^^'^ ^^^ ^^ summous arc now served in cases at value" of said j,^ T\\?i\. tlic Ltdgc of Said Citv Court shall there- lots. .' c-> How such con- d e m n a tion ia made. ORPHAN HOUSE. 391 upon cause a jury to proceed to fix the value of said How to be paid lot or lots to be paid by the City Council of Charles- ^°^- ton. Orphan-House. AN ACT TO VEST IX THE Camden Orphan Soct- ^Rat'^ed IJec. 21, 1799. ETY,, AND IN OTHER CHARITABLE SOCIETIES THEREIN MENTIONED, THE EsCHEATED PROP- ERTY THEREIN MENTIONED. Section 15. Be it enacted. That all the es- Escheated prop- cheated property in the two Parishes of St. Philip city Coundi for and St. Michael, now escheated, or wdiich shall 0'-p''-"-h°"««- hereafter be escheated to this State, situated in the said Parishes, not exceeding fifty thousand dollars,* shall be and the same is hereby vested in the City Council of Charleston, for the benefit of the Orphan- House of Charleston ; and the said City Council of Charleston shall be, and they are hereby, vested with all the powers necessary for escheating, selling, and appropriating the said property for the benefit of the Orphan-House. AN ACT TO AUTHORIZE the City Council of Ratified Charleston to ascertain and define the Rf'^stit.'. 'im!" Wards within the City, to appoint an Es- cheator, and for other purposes therein mentioned. Section 2. And be it further enacted by the authority aforesaid, That the City Council of Charleston be, and they are hereby authorized, as escheators, to appoint a deputy escheator. * Amended to $100,000 by A. A. 1878, 16 Stat., 731, inserted below. 392 POLICE, Ratified Dec. 23, 1878. 16 Stat., 731. AN ACT TO AMEND AN AcT ENTITLED "An AcT TO VEST IN THE CaMDEN OrPHAN SoCIETY, AND IN OTHER CHARITABLE SOCIETIES THERE- IN MENTIONED, THE EsCHEATED PROPERTY THEREIN mentioned/' PASSED 2 1 ST DECEM- BER, 1799. Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, nozu met and sitting in General Assembly, and by the authority of the same. That Section fifteen of an Act entitled "i\n .Vet to vest in the Camden Orphan Society, and in other charitable societies therein mentioned, the escheated property therein mentioned," passed on the twenty-first day of De- cember, 1799, be amended by striking out the word "fifty" from the fourth line of said Section, where it occurs after the word "exceeding," and inserting in lieu thereof the words "one hundred." Police. Ratified Dec. 19, 1855. XII Stat., 421. Police officers authorized to ar- rest without war- rant persons vio- lating any laws of the State. .\N ACT TO Enlarge the Powers of the Com- missioned Officers of the City Guard, and Police Officers of the City of Charles- ton. Section i. Be it enacted by the Senate and House of Representatives, nozu met and sitting in General Assembly, and by the authority of the same, That any commissioned officer of the City Guard, or any of the police officers of the City of Charles- ton, shall have power to arrest, without a warrant, any person or persons, within the corporate limits of the said City, who shall, at any time, be engaged in violating any of the laws of the State: or any one POLICE. 393 who has been engaged in such violation, and who flies and is immediately pursued ; and every such officer of the City Guard shall have authority, upon hearing loud and tumultuous noises, leading to the apprehension of riot or breach of the peace within any house or enclosure in the City, to enter without warrant, and with such force as may be necessary, the house or enclosure wherein such noises are heard. Sec. 2. That any privates of the City Guard, or other citizens, who may in the cases provided for in this Act, be called in to the assistance of such commissioned officer of the City Guard, shall be en- titled to all the immunities and exemptions intended to be secured to the officers aforesaid. Authorized to enter any house, without a war- rant, upon hear- ing loud and tu- multuous noises. Privates of the police and citi- zens called to the assistance of such officers entitled to the immunities and exemptions secured to sucli officers. AN ACT TO Extend the Duties and Powers Approved _ ^ „ iJcc. 24, iSS;. OF THE City Council of Charleston over xix stat., 19^. certain Contiguous Territory of Charles- ton County. Whereas, The State Road between the City preambles. Boundary of Charleston and the County line is a thoroughfare constantly in use by the citizens of Charleston for the purpose of recreation, exercise and pleasure, as well as of business ; and Whereas, It is important that every precaution be taken for the preservation of the public peace along and in the neighborhood of said thorough- fare : Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, nozv met and sitting in General Assembly, and by the authority of the same. That the police of the City of Charleston shall have the same right and R'^hts of po- •^ . lice between City authority to preserve, and the same means ot en- Limits and Cown- forcing the pu])]ic peace upon said thoroughfare. 26 394 SEWERAGE. and Cooper River on the one side and Ashley River on the other, between the City Boundary and the County hne, as they may have within the Hmits of the Citv of Charleston. Criminal Code S. C, 1902. Approved Dec. 22, 1888. XX Stat., 8. \) Punish Malicious Interference with the Police Alarm and Signal Service of any City or otfier Municipal Corporation. I n t e r f erence with made a fel- ony. Punishment. Section 156. Any person or persons who shall willfully and maliciously interfere with, cut, or injure, or w'ho shall maliciously attempt to interfere with, cut or injure any pole or poles, wire or wires, •insulator or insulators, alarm box or alarm boxes, of the police alarm and signal service of any city or other municipal corporation, or any of the appliances or apparatus connected therewith, shall be deemed guilty of a felony, and punished by fine or imprison- ment in the discretion of the court. Sewerage. Approved Dec. 24, 1884. XVIII Stat., 785- Preamble. AN ACT TO authorize the City Council of Charleston to Ordain the Necessary Or- dinance for the Establishment and Main- tenance of a System of Sewerage in the City of Charleston. Whereas, The Board of Health of the City of Charleston has decided that the system of privy vaults and retention of human excreta and other putrifying substances about the lots and buildings are sources of disease in said City, and have recom- mended the establishment of some amended system STREETS. 395 City Council of Charleston to es- sewerage system. contract for. of sewerage that will remove or correct these evils ; therefore Section i. Be it enacted, etc., That the City Council of Charleston, in addition to the powers tViXsh now vested in them by law, be, and they are hereby, authorized to pass all necessary Ordinances, rules and regulations for the establishment, maintenance and enforcement of a system of sewerage in the streets, private lots and dwellings in the City of Charleston. Sec. 2. That the said City Council of Charleston be, and they are hereby authorized to contract with any person or corporation for the building, main- tenance and use of a system of sewerage w^orks in said City, and to pass all necessary Ordinances, rules and regulations for the enforcement of the ■''"'^ enforce, same, with like penalties as provided in the first Section of the Act. Sec. 3. That the officers and other persons who may be appointed to execute the provisions of such Ordinance, rules and regulations, shall, as far as may be necessary for the performance of their re- spective duties, have the right to enter any building or premises in said City of Charleston between the hours of 9 A. M. and 5 P. M. Sec. 4. That this Act shall go into effect on the first day of December, 1885. Power to entei buildings and I)reniises. When effect. to take Streets. AN ACT TO Prevent the Opening of Streets, Ratified Lanes, Alleys, and Courts, within the ^ vh sVat!,^^^; City of Charleston, without permission specially obtained. Whereas, narrow and confined streets, lanes, and Preamble, alleys, are disadvintageous to every City, exposing 396 STREETS. No street, &c., to be opened until the design shall have been sub- mitted to the Commissioners of Streets,, &c. If Council ap- prove, the street mav be opened, Penalty for op- ening a street contrary to this Act. the buildings so situated to greater dangers by fire, and the inhabitants thereof, by close and confined air, to malignant diseases ; and, moreover, do greatly obstruct the free passage of persons and carriages : And, zuhereas, The corporation of Charleston can impose no penalty which would be sufficient to pre- vent persons from acting in opposition to the regu- lations intended to be prescribed by this Act: Section i. Be it therefore enacted. That from and after the passing of this Act, no street, lane, alley or court shall be opened, laid out, or established within any part of the City of Charleston, until the design of the same shall have been previously sub- mitted to the Commisioners of the Streets ; who are hereby required, within ten days after application to them, made as aforesaid, to view such intended street, lane, alley or court, and report thereon, with their opinions thereof, to the City Council. And, if the said City Council shall find that such intended street, lane , alley or court, possesses a sufficient pas- sage-way, and that the same will not be incommodi- ous or prejudicial to the citizens, such street, lane, alley or court, shall then be opened, and forever thereafter be deemed, held, and taken as a public street. Sec. 2. That no person or persons, holding any freehold or leasehold estate, or by any other right or title whatever in the occupancy of land, shall at any time hereafter lay out, open or establish any street, lane, alley or court, contrary to the regula- tions hereby intended ; and every such owner or other person, interested in the occupancy of any land, so violating the provisions of this Act, shall incur a penalty of any sum not exceeding forty dol- lars for each and every week the same shall be and remain open ; which said penalty shall be recovera- ble in the Court of Common Pleas. STREETS. 397 Civil Code of So. Ca., 1902. A Mode of Procedure by which Lands may be taken by cities and towns for streets. Roads and Highways for Public Use. Approved Dec. 24, 1884. XVIII Stat., 781. Section 1396. Whenever the Mayor and Aldermen of any city or the Intendants and War- dens of any town in the State shall think it expedient to widen, open, lay out, extend, or establish any street, alley, road, court, or lane, they shall have power to purchase the lot, lots, or parts of lots, of land necessary for such street, alley, lane, road, or court, and the fee simple of said land shall be vested in said city or town for the use of the public from the day of the deed of sale : Provided, That in incorporated towns a petition signed by a majority of the owners of real estate therein shall first be submitted to the Intendant and Wardens, praying them to widen, open, lay out, extend, or establish such street, alley, lane, road or court, but this proviso shall not apply to incorporated cities. Sec. 1397. In case any owner or owners of said lot or lots of land as aforesaid shall refuse to sell the same, or shall demand what may be deemed an unreasonable price by the said authorities, then the said authorities shall nominate and appoint six free-holders, resident in said city or town, who shall meet an equal number to be named rmd appointed on the part of the owner or owners, to determine and fix upon the true and real value of such land, and any damage thereto b)- reason of the opening, widening, or extension of such highway, due regard being had in assessing such damages to any increased value of such lot, lots, or parts of lots, by reason of the open- ing, widening, or extension of such highway, with Streets, & c . , may be widen- ed, opened, &c. Petition to be submitted. Proceedings in case of refusal. Damages. 398 STREETS. Fee simple vest and deed be made. to to Appeal. Assessment jury. by Owner to exe- cute quit claim. Clerk to make deed in certain cases. full power in the Commissioners appointed as afore- said, in case of disagreement, to call in one other Commissioner ; and on the payment of the full value of said lot or lots, or parts of lots, and such special damages aforesaid, ascertained and determined on in the manner above provided, the fee simple of the said lot. lots, or parts of lots shall be vested in such city or town for the use of the public and the said owner shall execute his deed without warranty therefor accordingly to said cit}' or town. In case any owner shall be dissatisfied with the valuation of his lot or lots, or such special damages aforesaid, it shall and may be lawful for such owner to appeal from the same upon giving notice of such appeal to the Mayor and Aldermen, or Intendants and War- dens of such city or town, within ten days from the time of his receiving a notification of such valuation and assessment of damages, to the Court of Com- mon Pleas for the county in which said lands may be, at the next session thereafter ; and the said court shall order a new valuation and assessment of dam- ages, or either, in such particular case, to be made by a jury, who shall be charged therewith in the same or some subsequent term, and their verdict shall be final and conclusive unless a new trial be granted ; and after final judgment in such case the fee simple of said lot or lots, or parts of lots, shall be vested in such city or town upon the pay- ment or tender of payment of the amount of such valuation and damages, and the said owner shall thereupon execute his quit-claim deed therefor ac- cordingly to said city or town. Sec. 1398. In all cases where, under the last preceding Section, the owner is required to execute his deed to said city or town, and shall fail or neglect so to do, then the Clerk of the Court of Common Pleas for the county in which said city or town is situated, shall on behalf of said owner execute a STREETS. 399 deed without warranty therefor to said city or town, which said deed shall as effectually bind said owner and his or her heirs and assigns as though executed by said owner. And said deed and all proceedings Proceedings to had in such matter, except proceedings in court, ^^ '■f'^"'''^^*^- shall be recorded by the Register of Mesne Convey- ances of said county in the books wherein convey- ances of real estate in said county are required by law to be recorded. Sec. 1399. The Mayor or Intendant of such Meeting to ap- city or town shall call a meeting of the said owners sionVrs. °'"™®" at some proper time and place, by the service of a notice, as summons are now required by law to be served, and the owners attending such meeting or their proxies, or a majority of them, shall appoint the Commissioners in their behalf mentioned in Section 1397. and in case the owners at said meet- ing, or adjournment thereof within ten days, shall neglect or refuse to appoint Commissioners, where owners then the Commissioners appointed by said city or "^^'^''*- town on their behalf, or a majority of them, shall be, and they are hereb}' authorized to proceed to the discharge of the duties herein prescribed, and their judgment in the matter shall be final and conclusive, except in the case of appeal as above prescribed. Sec. 1400. When the o\\ner, or any one of sev- infants and lu- . . iiatics. eral owners of the lands is an mfant, or iioii conif^os mentis, the required notice shall be served personally upon the trustee, guardian or committee of such persons, and personally on such owner, and if there be no such trustee, guardian, or committee the Clerk of the Court of Common Pleas shall have power, and is hereby authorized, to appoint for such person a pfuardian ad litem, upon whom the service shall ^ ("u.ardian ad u- o -' i . • tern. be made, and who shall represent the interest of such infant or person non compos inentis. Said Non-residents. Clerk shall pursue in all respects the mode now provided l)y law for the appointment of 400 STOCKS AND BONDS. Com missioners to be sworn. guardians ad litem for infants and persons non com- pos mentis. If any owner of tlie lands shall re- side beyond the State, or his or her place of residence be unknown, the serA-ice sliall be made upon the agent of such owner in charge of said land, or if there be no such agent, then such owner shall be served by publication as in civil actions. Sec. 140T. The aforesaid Commissioners, before they proceed to act in the premises, shall sev- erally make oath before some person authorized by law to administer oaths, that they will fairly, faith- fully and impartially discharge the duties herein required of them. Stocks and Bonds. Approved Dec. 23, 1878. XVI Stat., 754- AN ACT TO Authorize the City Council of Charleston to Issue Four Per Cent. Coupon Bonds for the purpose of taking UP AND retiring THE StOCK OF THE SAID City. City Council authorized to is- sue bonds. ble. Bonds not taxa- Section ] . That for the purpose of taking up and retiring the Stock of the City of Charleston, which is now outstanding, the City Council of Charleston be, and they are hereby authorized and empowered to issue coupon bonds to an amount not exceeding the amount of the stock of the City now outstanding, said bonds to bear interest at four per cent, per annum, payable semi-annually, and to be exchanged at par for the stock of the said City now outstanding, to have date from the date of exchange of the certificate of the said stock, and to be made payable thirty years from their respective dates. Sec. 2. The said bonds shall not be taxable by the City of Charleston for any purpose what- STOCKS AND BONDS. soever, and the coupons shall be receivable in pay- ment of taxes, and all dues to the said City. Sec. 3. That the principal and interest of the said bonds shall be payable at such places as the City Council may, by Ordinance, provide. Sec. 4. All executors, administrators, trustees, guardians and other persons who now hold, or who may hereafter become possessed of. the said City Stock in a fiduciary capacity, are hereby authorized and empowered to exchange the stock so held for the bonds so issued by the said City Council under this Act. 401 AN ACl TO Amend an Act Entitled, An Act Approved . Dec. 21, 1888. TO Authorize the City Council of xx stat., 129. Charleston to Issue Four Per Cent. Cou- PON Bonds for the Purpose of Taking Up AND Retiring the Stock of the said City," Approved December 23, 1878. Whereas, By an Act of the General Assembly preamble, entitled, "An Act to authorize the City Council of Charleston to issue four per cent. Coupon Bonds, xvi stat., 754- for the purpose of taking up and retiring the stock of the City," approved December 23, 1878, the said City Council of Charleston is authorized and em- powered to issue the said four per cent. Coupon Bonds to an amount not exceeding the amount of the stock of the City then outstanding, for the pur- pose of exchanging the said bonds for the said stock ; and whereas, The fourth Section of the said Act provides that the said bonds shall be registered (at the option of their holders) by the Treasurer of the said City, after which registration they shall only be transferred by endorsement; and whereas. It hath been found that the bonds so registered and endorsed become what is known in the Stock Mar- 402 STOCKS AND BONDS. A. XVI A., 1878. Stat., 754. Amended. ket as scratched bonds, and are thereby mvich de- preciated in value, causing great loss and injury to the holders of such bonds ; Now. to remedy this inconvenience — Section i. Be if ciiacfcd by the Senate and House of Representatives of the State of South Carolina, nozv met and sitting in General Assembly, and by the authority of the same, That the Act entitled, "An Act to authorize the City Council of Charleston to issue four per cent. Coupon Bonds for the purpose of taking up and retiring the stock of the City," approved December 23, 1878, be, and the same is hereby amended, and for the purpose of Exchange o f exchanging and issuing clean bonds in place of the scratched bonds. , , *" , "^ , , , , scratched, registered or endorsed bonds now out- standing, the City Council of Charleston are hereby authorized and empowered, in addition to the bonds provided for in the said Act, to issue Coupon Bonds to an amount not exceeding the amount of the scratched, registered or endorser bonds now out- standing, said bonds to bear interest at four per cent, per annum, payable semi-annually, and to be exchanged at par for the said scratched, registered or endorsed bonds, and to be substituted for the same in all respects, except as herein otherwise pro- vided, to bear date as of the date of said exchange, and to be made payable as of the date of the bonds for which they are respectively exchanged. Sec. 2. All executors, administrators, trustees, guardians, and other persons who now hold, or who may hereafter become possessed of any scratched, registered or endorsed bonds in a fiduciary capacity, are hereby authorized and empowered to exchange the said bonds so held, for the clean bonds issued by the said City Council under this Act: Provided, Provi.o. That they be otherwise duly vested with power so to do. Form of bonds. Trustees exchange. may STOCKS AND BONDS. 403 AN ACT TO Prevent the City Council of Approved ^ , ^ Dec. 17, 1881. Charleston Increasing the Debt of the xvii stat., 582. City of Charleston, except in the man- ner herein prescribed. Be it enacted by the Senate and House of Repre- seiitaik'es of the State of South Carolina, now met and sitting in General Assembly, and by the author- ity of the same. That from and after the approval of this Act, it shall not be lawful for the City Council of Charleston to create any del)t 1)ey(jn(l the muni- cipal income of the current year, or to indorse or guarantee the notes, bonds or obligations, or accept the drafts of any company, corporation, person or persons, for any purpose whatsoever, unless the following terms and conditions be first oljserved and complied w4th : First. A resolution declaring the intention of the said City Council to create such indebtedness, or incur such liability, and specifying the amount thereof, shall first be passed at a regular meeting of the said City Council, by a vote of two-thirds of the whole body. Second. That the proposition, after being adopted in such manner by the said City Council, shall be submitted to the qualified voters of the City of Charleston, at an election to be held under reso- lution of the said City Council, after ninety days' notice thereof; and should two-thirds of the num- ber of qualified voters voting at the preceding muni- cipal election vote affirmatively at said election, the proposition shall then be submitted to the Gen- eral Assembly of the State of South Carolina for approval; and should the proposition be approved by the said General Assembly, the said City Council of Charleston shall have the authority to create the debt, or incur the liability. Debt shall bo increased. not N o obligation to be guaranteed except as herein provided. Two-thirds vote of City Council required. Two-thirds vote of (jualified voters re(|iiired. 404 WATER WORKS, SP:WERS, ETC. That all Acts or parts of Acts inconsistent with tliis Act be, and the same are hereby repealed. Criminal Code of S. C. 1902. lo Protect Water Works. Sewers and Drains OF Cities and Towns. Inter fere nee with sewers pro- hibited. Damages prohibited. Penalty. Sec. 194. No person shall turn, remove, raise, or in any manner tamper with any cover of any man-hole, filter, bed or other appurte- nance of any public sewer, without a written permit from the proper authorities of such works ; and no person, except those engaged by the proper authori- ties, shall enter any public sewer, without a special written permit. And no person shall, either within to or without anv city or town, obstruct, damage or in- jure any pipe, ditch, drain, filter, beds or appurte- nances of any water works, sewerage or drainage of any such city or town. Every person \Tolating the provisions of this Section shall, upon conviction, be deemed guilty of a misdemeanor, and be subject to a fine not to exceed one hundred dollars, or imprison- ment for thirty days. Civil Code of S. C, 1902. Unlawful for any Municipal Officer to take A Contract for Work for the Municipal Corporation of which he is an Officer, and to Provide a Penalty for Violations of this Act. Section 2002. No municipal officer shall tract with muni- ^^\^q ^ coutract to pcrfomi work, or furnish cipahty. ^ No officer municipal to con- CITY COURT OF CHARLESTON. material for the municipal corporation of which he is an officer, and no such officer shall receive any compensation on any contract for said purpose. Provided, That in cities of over thirty thousand inhabitants such contracts may be allowed by the unanimous vote of City Council upon each specific contract ; such vote to be taken by yeas and nays, and entered upon Council's Journal. 405 The City Court and the Poliee Court of Charh^ston. Civil Code of S. C, 1902 — Chapter LXXXIX. Section 2777. That the Court heretoft)re „'8°'\)''"' 3°°; ' ' ' 1820, VII, 322, established and called the Citv Court of Si; i Miii., 45. 1902. Charleston, shall be held by the Recorder of the ~^ — ; — -— — -^ . fo be holden Citv of Charleston ; and the City Council shall nx by the Recorder, and provide such compensation for the Recorder as may be fit and proper, and proportioned to the saiary, &c. importance of his station ; which compensation shall not be increased or diminished during his continu- ance in office ; to be paid by the City. Sec. 2778. The said Recorder shall be appointed js^^'^^issg'^'xii; by the City Council of Charleston, and hold his com- ^^^' ^^- mission during good behavior; and he shall sit, at ^f^Xe.^'"'" *^"° such times as may be fixed by the Ordinances of the sessions. City of Charleston, from time to time. Sec. 2779. The jurisdiction of the City Court ^iJc; J,^.^, n. of Charleston shall be limited to the trial of causes fj e^c^- Jff ^ arising under the Ordinances of the City Council R^ich- 366:2 Baii.. of Charleston. _ CoS.'''"''°" "' Sec. 2780. All issues, controversies and litiga- ,80,, vii. 301, tions in the said Court, if demanded by either party, ^'^' '° ^'"'^■' ^^^■ shall be tried by a jury composed of six persons, according to the regulations and forms prescribed by law in cases of trial by jury, and as hereinafter provided. Trial by jury in certain cases. 406 CITY COURT OF CHARLESTON. Jury Commis- sioners, how con- stituted. City Sheriff to provide Jury list. Jury box to have three locks. Drawing Juries. Formation Juries, etc. of Sec. 2781. The Clerk of the City Court, the City Treasurer and the City Assessor shall consti- tute the Board of Jury Commissioners for the City Court of Charleston. Provided, in case any mem- ber of the Board of Jury Commissioners fail to attend for the purpose of drawing a jury a majority of the Board may act. The City Sheriff shall, upon the passage of this Kct, and hereafter, on the first day of January of each year, provide a list of twenty-five hundred legally qualified jurors, from which list the Board of Jury Commissioners shall cause the names to be written, each one on a separate paper or ballot, and shall fold up said pieces of paper or ballots so as to resemble each other as much as posible, so that the names thereon shall not be visible on the outside, and shall place them, with the said list, in a box to be furnished to them by the City Council of Charleston, which box shall be in custody of the Clerk of Court. The jury box shall be provided with three locks, all different. The key to one lock shall be kept by the Clerk of the City Court, one by the City Treasurer, and one by the City Assessor, so that no two of said Commis- sioners shall hold keys to the same lock. When jurors are to be drawn, the Board of Jury Commis- sioners shall attend at the office of the Clerk of the City Court, and, in the presence of the Sheriff, shall shake up the names of the jury box until they are well mixed, and having unlocked said box, the Board of Jury Commissioners, or a majority of them, shall proceed to draw therefrom, without seeing the names written thereon, a number of ballots equal to the number of jurors required, and which jury shall be summoned for the trial of causes in like manner, and under the same penalties, as are estab- lished by law and usage in the Circuit Court. Provided, That no venire facias shall, at any time, issue for more than eighteen jurors to serve at one CITY COURT f)F CHARLESTON. 407 Court, from whom a jury or two juries, if the Recorder shall regard more than one jury necessary for the proper dispatch of the business before the Court, shall be empanelled, and in case of non- attendance of the jurors so drawn and summoned, their places may be supplied by talesmen, drawn in the usual mode: but no person shall be liable to ' serve twice, until all the names in the said jury box shall be drawn out. Sec. 2782. All persons possessing the qualifica- . Qualification of tions prescribed for jurors by the laws of the State, and usually residing in the city, or who have resided therein for four months before their being sworn and there being at the time of being drawn and summoned, shall be liable to serve as jurors in the said Court, saving and reserving to all persons all lawful excuse and exemptions as in other Courts. Sec. 2783. It shall be lawful for the City Coun- t:ity Coundi ' ^ , . and Recorder to cil, and the said Recorder, to prescribe, and from regulate practice, time to time to regulate the practice of the said Court, and of the attorneys therein, conformably to this chapter, and as nearly as may be to the forms and rules used in the Circuit Courts of this State, and the proceedings shall be the same substantially as in like cases ; except in cases for the violation of Ordinances, when imprisonment is imposed, in ad- dition to or in the alternative of a fine, in which ' cases the prosecution shall be in the form of an information on the official oath of the Corporation Counsel. Sec. 2784. All writs and processes shall be q^^j^ ^^ -^^^^^ issued by the Clerk of the said Court, and shall be ^n writs, etc. made returnable to the first day of the term next succeeding the issuing of the same. Sec. 2785. The said Court is invested with Powers of Court, power and authority to grant rules, to hear and determine motions for new trial in arrest or judg- ment, and all questions of law arising out of causes 408 CITY COURT OF CHARLESTON. Power corder. of Re- Extent of au- thority. Right of ap- peal to Supreme Court. Transfer o f< judgment, etc., from City Court to Circuit Court. within its jurisdiction; to issue subpoenas for the attendance of witnesses, to grant commissions for the examination of witnesses, to issue executions of iieri facias against the real and personal property of defendants, to issue writs of capias ad respon- dendum, to punish for contempt, and also all other the usual process, according to the know and appro\'ed rules of the common law, and of the Acts of the Assembly in such cases provided. The Re- corder shall have the same powers in the discharge of his duties as the Judges of the Court of Sessions and Common Pleas in like cases ; but it is hereby declared and provided that no process or writ issu- ing out of the said Court shall extend or be of force for service or execution out of the limits of the said city, except commissions to examine witnesses ; and that all writs shall be served and returned ten days before the sitting of the Court aforesaid. Sec. 2786. All parties shall have the same right of appeal to the Supreme Court from the decisions of the said City Court in the same form which is now, or may be lawful for parties in the Circuit Courts in like cases, and the Supreme Court shall hear and determine such appeals in the same manner as appeals from the Circuit Court of Charleston County. Sec. 2787. All judgments in the office of the Clerk of the said City Court, and all executions, writs and processes in the office of the Sheriff of the City of Charleston, other than judgments, execu- tions and processes arising under the Ordinances of the City Council of Charleston, shall be transferred, respectively, in the offices of the Clerk of the Circuit Court and of the Sheriff' of the County of Charles- ton, which causes, judgments, executions, writs and processes shall be of like validity and force, as if the same had originated or been sued out of the Circuit Court for the said County. CITY fOlIRI' Ol' CIIAKIJ-.SrON. 409 Sec. 2788. The Clerk and Sheriff of the said City Court of Charleston shall have the same powers and authority in all cases within the jurisdiction of the said Court, as the Clerks and Sheriffs of the Circuit Courts. Sec. 2789. In case of the* sickness or absence from the State of the Recorder, they shall have power, and are hereby authorized and required to draw juries for the succeeding term. Sec. 2790. The charges and fees of the several officers of the City Court shall be the same as in the Circuit Court in like cases. Sec. 2791. There shall be established a Court in the City of Charleston known as the Police Court of the City of Charleston, which shall be held bv the Recorder of the City of Charleston. The said Re- corder, and any Magistrate holding the Police Court of the City of Charleston, in the case of absence, sickness, or other disability of such Recorder, is invested with jurisdiction to hear and determine all cases of a criminal nature occurring within the limits of the City of Charleston, which are not within the exclusive jurisdiction of the Court of General Sessions. That is to say, any such officer holding the Police Court shall have jurisdiction of all offences committed within the limits of the City of Charleston, on arrest by the police or municipal authorities, which may be subject to the penalty of fine or forfeiture not exceeding one hundred dollars, or imprisonment, with or without hard labor, not exceeding ninety days, and may impose any sen- tence within these limits, singly or in the alterna- tive. Sec. 2792. Upon the sworn information of any member of the police force, or municipal officer, any such officer holding the said Police Court as afore- said, shall proceed to the examination of any charge against any person arrested and brought before him, 27 Powers of Clerk and Sheriff. To draw jurors in absence of Re- corder. Fees same as in like cases in Circuit Court. Police Court. Limit of Pun- ishment. Preliminary ex- amination shall be held. 1897, XXII, 412. 410 CITY COURT Oi- CHARLESTON. When deposit for appearance forfeited. Right by jury. of trial S t e n o grapher and duties of. Duties cers o f Force. jf offi- Police Jurisdiction Recorder. of and upon the same appearing- not to be within the jurisdiction of the said Police Court, he shall refer the same to a Ministerial Magistrate as such for examination, to be by such Ministerial Magistrate referred to the Judicial Magistrate's Court of the City of Charleston, or Court of General Sessions, as may be proper. Sec. 2793. Upon any charge made as above against any person released on deposit, and not ap- pearing when called, any such officer holding the said Police Court shall order the said deposit for- feited. Sec. 2794. In the trial of any case in the said Police Court, upon the demand for a jury, the same shall be summoned and empanelled in the said Police Court, in accordance with the law for empanelling juries in Magistrates' Courts. Sec. 2796. In taking testimony and preparation of the record in cases of appeal from the said Police Court, the transcript of the notes of the testimony, taken at the trial by a sworn stenographer, shall be held to be equivalent to the testimony signed by the witnesses. And the Recorder is hereby authorized and empowered to appoint a suitable person as ofif- cial stenographer of said Police Court, who, after being duly sworn, shall take all testimony before said Police Court. Sec. 2796. It shall be the duty of one of the officers of the police force to be in constant attend- ance on said Court, and to take proper measures for the safe-keeping of the prisoners, and for carrying into effect the orders of said Court. Sec. 2797. The said Recorder shall not be per- mitted to plead in a Superior Court in any cause which has been argued before or adjudged l)y him. The Recorder is hereby clothed with all the powers, duties and jurisdiction of a Judicial Magistrate, ex- cept that he shall not receive any additional com- TIME OF MUNICIPAL ELECTIONS. 411 pensation and shall not have the authority of a Magistrate to appoint a constable. In case of the sickness or other unavoidable absence of the Re- corder, the Police Court shall be held by one of the Aldermen of the City of Charleston, or by one of the Magistrates for Charleston County, as may be des- ignated by the Mayor. In the absence of Recorder to be held by au Alderman or mag- istrate. AN ACT TO AMEND AN ACT ENTITLED ''An AcT TO Regulate the Election of Mayor and Al- dermen OF the City of Charleston/' Ap- proved June 8, 1877. Approved Dec. 23, 1878. Section i. Be it enacted by the Senate and House of Representatives of the State of South Car- olina, now met and sitting in General Assembly, and by the authority of the same, That Section two (2) of an Act entitled "An Act to regulate the election of Mayor and Aldermen of the City of Charleston," approved June 8, 1877, be amended so as to read as follows : "The election of Mayor and Aldermen of the City of Charleston shall be held on the second Tuesday in December, eighteen hundred and seven- ty-nine and on the same day in every fourth year fore\er thereafter." Holding election. INDEX. Ord. Acts ACCOUNTS— Sec. Page. All hxed salaries to be paid on accounts duly made out—. 124 Boards of Commissioners to render quarterly iii Of Street Department to be examined and approved by Committees on Accounts and Streets 132 Rules for the settlement of accounts against the City 113 Separate accounts to be opened under each head of ap- propriation 113 Old Books and Vouchers, to be destroyed after 10 years.... 114 ADMINISTRATORS— Personally liable for taxes 108 To list property for taxation 56 AGENTS— Insurance personally liable for taxes 66 ALDERMAN— Any to enter any building or other enclosure where cot- ton loose or in bales is unlawfully stored and have same removed 664 Authorized and required to keep peace in their re- spective Wards 334 Authorized to elect Mayor pro tempore from their num- ber 350 Each Ward to be represented by two 34^ Election for, when to be held 411 One Alderman for each Ward to be decided by the votes in Ward and he must be and remain a resident of that Ward during his term 348 Penalty for malfeasance 33^ Penalty for refusing to act as 336 Qualifications required of 339 The other twelve to be elected by voters in whole City.... 348 Title of Wardens changed to that of 340 To perform the duties of any public Board not elected. or who have resigned 770 To qualify before the Mayor 335 Two, to be elected by City Council to serve as Trustees of the High School during their term of office 406 Vacancy among, how filled 350 Vested with powers formerly exercised by Wardens.... 341 Vested with the powers and authority of Justice of the Peace - 334 When on general ticket, must be at the time of election a resident of the Ward for which elected ;.... 348-3^1 ALMS HOUSE— Commissioners to make annual report of expenditures 350 Duties of Commissioners 349 28 414 INDEX. Ord . Acts Sec. P.\ge Election of Commissioners of 348 Master of, to receive all persons committed by Mayor or Commissioners 35^ Meetings of Commissioners 348 Rations allowed officers of ^72. AMBULANCES— Ambulances of City Hospital to have right of way on the streets 381 APOTHECARIES— (See City Apothecaries.) ASHLEY RIVER ASYLUM— Commissioners of Public Lands to elect officers and make rules for 355 ASSAULTING THE POLICE— Penalty for 444 ASSESSMENTS— And taxation of personal property ■. 361 Appeal from assessment of real estate 98 Bank bills how valued 85 Credits how valued 85 Fractional assessments - 89 Mines and mining plant how valued 85 Of all property to be based on actual value ■- 84 Of credits defined ; 5i Of investments in bonds defined 5^ Of investments in stocks defined 51 Of money defined 5i Of personal property defined 51 On income of non-residents 361 Personal property shall be listed for taxation 53 Persons listing property for others shall list in name of owner 54 Who shall list propertv - 53 ASSESSOR— After receiving rates shall determine the sums to be levied on each piece of real and personal property 88 Authorized to summon persons, examine books, etc 64 Authorized to examine persons under oath 64 Bond of 44 Clerk to, may appoint and remove 49 Election of 43 Plans of new buildings to be submitted to 587 Salary - 43 Shall obtain delinquent list from Treasurer and transmit same to Council 94 To add to or deduct as ordered by Council 87 To add to value of property returned at less than its value 94 To appoint or remove a clerk 49 To ascertain and return property of persons sick, absent, etc '- - 64 To correct errors or irregularities in numbering houses.... 572 To enter taxes on books 9° To furnish annual abstract to Treasurer 93 To give correct number of buildings to be erected 573 INDEX. 415 Okd. Acts Sec. Page To issue no permit for building before street line is laid off by surveyor 791 To keep a list of real estate owners, with description of property .^ 45 To keep an alphabetical list of persons in default of re- turns or taxes 46 To keep record of all changes in property 48 To make annual settlement with Treasurer 94 To make returns for defaulters 47 To prescribe form of return 82 To publish the time for receiving returns 47 To summon persons evading or making false returns 92 ASSISTANT CITY SURVEYOR— (See City Survevor.) AUTOMOBILES— Gong to be rung when nearing corners 622 Speed of 621 Speed in City not to exceed 10 miles per hour 626 To have gong 622 To have lighted lamp at night 623 Unlawful to run abreast 625 AWNINGS— Not to be put up in such a manner as to obstruct foot pas- sengers 438 Unlawful to keep up after sunset 440 Unlawful to erect wooden posts or frames for 439 BAKE houses- How to be constructed 700 BALCONIES— Fronting on the street, construction of 141 BALLOTS— Character of, to be used at municipal elections 349 BALLOT BOXES— Commissioners of Election to furnish 349 Regulations as to 349 BANKERS— Definition of 80 Returns to be made by 78 BANKS— Appraiser to examine books and officers of, failing to fur- nish list of stockholders "/J Definition of 80 Dividends not to be paid on delinquent stock 75 May pay taxes due on shares 76 President and cashier of, to make returns .• "j, Real estate owned by, to be deducted from total value of shares 74 Returns of unincorporated 78 Shares not transferable imtil taxes are paid 75 Shares of stockholders of, to be listed for taxation 71 Taxes to remain a lien on shares 75 To keep lists of stockholders 72 BARRELS— Not to be rolled upon foot pavements 435 416 INDEX. Ord. Act§ Sec. Page BATHING HOUSES— Power and authority of board 398 Seven commissioners to be annually elected 398 BATTERY— (See White Point Garden.) BEGGARS— City Council authorized to take up and confine strolling 366 BIi^YCLES— To have a lamp at night 611 To have a bell 610 To have control of wheel 612 Unlawful for three persons to ride abreast 612 Unlawful to ride through streets faster than 7 miles per hour , 613 Penalty 614 BIRTHS— Registration of 301 BOARD OF COMMISSIONERS SEWERAGE SYSTEM— Board and its employees at all times subject to control of Council 190 How appointed and term of office 184 Mayor and Health Officer to be ex-officio members 184 May remove Superintendent for incompetency, neglect of duty, etc 186 Of whom to consist 184 Organization of 184 Other meetings to be called upon request of two members 184 Powers of Board 185 Quorum 184 Shall meet once a month 184 Shall elect a Superintendent of Sewers 186 To fix, with approval of Council, term of office and salaries of all employees, duty, etc 187 To submit, through Committee of Ways and Means, in January, an estimate of moneys required for ensuing year 189 Vacancies in Board, how to be filled 188 BOARD OF FIRE-MASTERS— (See Fire Department) — To have supervision of City pumps and wells 206 To make all necessary repairs to City pumps and wells 206 BOARD OF HEALTH— Authority, duty and powers of Board 260 Duties of, as to adulteration of food, etc., and nuisances 382 Health Officer shall be secretary of 284 How constituted and appointed 259 Infectious, contagious or pestilential diseases to be reported to - 265 May enact by laws, rules and regulations 264 May prevent discharge of sewage into, or upon a high- way or stream, and order a connection with public sewer 193 No officer or clerk in Health Department shall be em- ployed without the sanction of the Board of Health.... 286 Penalty for obstructing or resisting the Board of Health 267 INDEX. 427 Ord. Acts Sec. Page Penalty for refusing or neglecting to cotnply with orders of 268 Powers in regard to buildings, excavations, sewerage, etc 263 Powers of Board in execution of its orders 266 Power to order removal of any thing dangerous to health 263 Shall elect a Clerk to Health Officer 288 To abate all nuisances 260 To adjudicate complaints against City Dispensary Physicians 296 To appoint Board of Inspection to examine low lots 316 To appoint four Sanitary Inspectors, prescribing their salaries and duties, and receiving their reports 262 To control the cleansing of sewers and dumping of garbage 382 To declare what shall be deemed nuisances 264 To divide City into six Health Districts, and assign to each one Dispensary Physician 290 To elect City Apothecaries 299 To enforce a proper quarantine 382 To exercise exclusive powers as to public health 260 To furnish physicians with blank death certificates 333 To license hearse-keepers, sextons and others in charge of cemeteries 330 To enforce ' registration and report of births and mar- riages 302 385 To make certain reports to State Board annually 383 To make rules for guidance of City Dispensary Physicians and Apothecaries 300 To notify owner of premises in a state of nuisance, if absent, how 383 To prevent sale of improper articles 264 To prevent spread of epidemic or contagious diseases 384 To proceed upon failure of owner of premises in a state of nuisance to act 383 To prohibit nuisances in public highway's 382 To prohibit the accumulation of offal, etc 382 To provide for filling of low lots 382 To recover expenses incurred in removal of nuisances from persons causing 383 To regulate the slaughter of cattle, etc 382 To remove or remedy anything on any lot or building which may endanger the public health 261 To require municipal authorities to abate nuisances hazardous to public health on private property 383 To give permit before contractor can erect building 275 To order defective vaults to be repaired and cleaned.... 277 To prevent production or storing of putrid or offensive matter in the city limits 273 To remove foul or offensive matter from city 273 To require slaughter houses, dairies, stables, etc., to be kept clean 274 To require lots to be filled and drained before houses are built 275 418 INDEX. Ord. Acts Sec. Page To require owners and agents to supply premises with water 276 To require vaults to be cleaned 278 To remove smallpox cases 279 To regulate conveyance of offensive matter through the streets 280 Who charged with enforcement 282 BREAD— Mav be sold from bakeries on Sunday up to 10 o'clock A. M - -- 757 Scales for weighing, to be under inspection of Commis- sioners of Market 560 To be sold by weight 560 BREW HOUSE— Unlawful to erect any 699 BUILDINGS— All buildings on streets to be numbered 568 All roofs to be of incombustible material 575 Brick and slate buildings, penalty for violations of regu- lations as to 581 Brick and stone buildings, regulations for walls of 580 Business sign boards to be put up 432 City Council authorized to pass ordinances for protec- tion of life in cases of fire or accident in 375 Dangerous at fire 378 Fire stops of incombustible material to be at each floor.... 584 How numbered and regulations relating to same.... 568-574 Lintels not to be of wood 584 New roofs on old buildings to be of incombustible materials 578 No roof of any house to be repaired or renewed with any combustible material 369 No tenement building to be erected without consent of City Council 567 il^ Officers to enter in discharge of duties 375 Outlets of churches, schools, etc., to be arranged so as to' most easily permit inmates to escape in case of fire 476 Penalty for erecting wooden buildings 576 Penalty upon persons employed in the construction of 577 Persons employed in erecting unlawful buildings sub- ject to penalties 582 Plans of building to be submitted to City Assessor 586 Police to report violations 583 Proceedings in relation to unsafe 375 Reported unsafe to be inspected and owner notified 376 Tenement buildings defined 579 Tenement buildings, size of partition walls 579 To be covered with slate, tin or other combustible ma- terial 368 To be made safe in certain time Zl^^ Trap doors to stores to be closed every evening 500 Unsafe in process of erection Zl^ Wooden buildings defined 575 INDEX. ^ig Ord. Acts Sec. P.\ge Wooden buildings not to be constructed in certain parts of the city 567 Wooden buildings to be not less than two stories 567 Wooden buildings to have inner walls lathed and plastered 567 Wooden buildings to have roof of incombustible materials 567 BURIAL GROUNDS— (See Cemeteries.) BUTCHER PENS— Not to be erected South of Line Street 518 CARRIAGES— Drivers of, to pass each other on their left hand 629 Not to be driven around a corner faster than a walk 632 Not to be driven faster than seven miles an hour 631 Not to be left "unattended 636 Not to obstruct street crossings 635 Persons with infectious disease not to be carried in hackney carriage 644 Vehicle without horses harnessed not to be left on streets 638 CARTS AND DRAYS— Crossings of streets not to be obstructed by 635 Drivers not to snap whips at railroad or steamboat ter- mination 634 Drivers not to use indecent or boisterous language or annoy travelers 634 Drivers to pass each other on their left hand 629 Badge to be fixed to blind 616 Cost of badge 617 License a lien on vehicles 620 Special list of badges issued, to be kept by Treasurer 616 Treasurer to furnish metal badge 616 Unlawful for vehicles not to have license 619 Vehicles to be licensed 615 Not to be driven through King street 639 Not to be left on streets at night or on Sundays 638 Transfer of licenses to be reported to Treasurer and recorded 616 Unlawful to be in possession of unrecorded license or badge _ 616 LTnlawful to stand or ply for hire except at such places as may be appointed 627 CATTLE— Cattle going at large to be taken up 652 When taken up how disposed of 652 CELLAR DOORS— Construction of, regulated 152 Not to be kept open 155 Not to extend more than four feet into street 153 To be repaired by owners, when necessary 154 CELLARS— Authority for filling up vested exclusively in City Council 388 Authority of City Council in reference to pumping out or filling 387 Penalty for owners molesting or obstructing Board of Inspection or Health Officer 319 420 INDEX. Ord. Acts Sec. Page Power of Board of Inspection in relation to ^i8 CEMETERIES— All Certificates to be recorded in a book and original delivered to Health Officer 332 Authority of City Council with reference to 385 Committee on, to be appointed by Chairman of Board of Health 329 Duties of Committee 329-333 No interment to be made without death Certificate and Burial Permit 332 No new Cemetery to be established 322 Penalty for interment in any other burial ground than those already established 323 (See also Interments.) CERTIFICATES OF MUNICIPAL REGISTRATION. Elector to have certificate 358 Form of 358 CHAIN GANG— Board of Commissioners to be elected • 416 Board to report annually to Council 421 Duties of Superintendent and guard 419 Duty of, and term of office 416 How composed 416 Meetings, quorum, etc 418 Powers of, to make rules and regulations 418 Salaries of Superintendent and guard 419 Superintendent to report monthly to the Board 420 To elect a Superintendent and guard with power to re- move same 418 CHAIN GANG LAW— Authority to organize chain gang 364 Care of convicts, tools, etc 365 Municipal authorities empowered to control convicts sentenced under, when 364 Municipal authorities to sentence convicts to work on streets, when 364 Surrender of convicts and safe-keeping of.. 365 When convicts not employed to be lodged in Countv Jail 366 CHARLESTON COLLEGE— Commissioners of fund 405 Commissioners to report annually to Council 405 CHIEF OF THE FIRE DEPARTMENT— (See Fire De partment.) CHIEF OF POLICE— (See Police.) JHIMNEY CONTRACTORS— Election of and bond 601 Fees of 606 Optional with owner to sweep, where only anthracite coal is used 607 Penalty for opposing or obstructing 602 Penalty for refusing to have chimney swept 608 Penalty of contractors for neglect of duty 603 INDEX. 421 Ord. Acts Sec. * Page To give public notice of time of sweeping chimneys.... 604 To visit, inspect and cause to be swept once a month, all chimneys 602 CHIMNEYS—.... Bodies of stoves to be 20 inches and smoke-pipe 18 inches from any unprotected woodwork 589 Chimneys to be swept once a month 602 Fireplaces to be closed in with an iron bar 589 Hearths to be built on an arch of brick or stone 590 No chimney or smoke-stack to be used so as to be a nuisance 589 No wood work to be secured to brick work of any flue or chimney 589 Of wooden houses to be commenced from the foundation 58S Penalty if any chimney takes fire 592 Stoves to be placed upon bases of incombustible material 589 To rise two feet above roof of building 589 Wood work within said distances to be protected by metal covering : 589 CHURCHES— Exempt from ta.xation 52 Penalty for creating a disturbance in 'any of the 759 Persons not to ride or drive faster than a walk on Sun- day when passing 760 Police to be stationed before 761 CHURCH \aRDS— Weeds, etc, in. to be removed 337 CITY APOTHECARIES- Election of 299 Place of business to be in District for which he has been elected 299 Salary 299 Shall be under guidance and control of Board of Health 300 Shall furnish medicines and til! prescriptions for indi- gent poor 299 CITY BOUNDARY— Limits of City extended 343 CITY CHARTER— (Original) 330 Amendments to, to be published in a City paper one month prior to application to Legislature 342 CITY COUNCIL— All fines and forfeitures to be lodged with Treasurer for use of City 333 As Court of Wardens authorized to commit, etc 337 Authorized to adopt such of the State legislation for the collection of taxes, as may be applicable for en- forcement of City taxes 363 Authorized to control municipal convicts 364 Authorized to establish a chain gang 364 Authorized to fill vacancies in Trustees of High School if Board fail to do so in three months 164 Authorized to issue four per cent, coupon bonds 400-401 Authorized to make assessments, levy fines, etc 332 A22 INDEX. Ord . Acts Sec. Pace Authority to make by-laws and ordinances 331 Authorized to make City taxes a lien for two years par- amount to all other liens except State" taxes 361 Authorized to pass ordinances for protection of life in cases of fire, etc 375 Authorized to prevent interments without a proper cer- tificate of the disease of which the deceased died 385 Authorized to require licenses to do business 362 Authorized to take up and confine strolling beggars 366 Authorized to tax the income of non-residents derived from business conducted within the City 361 Consent of, for erection of tenement to be obtained.. 374 Empowered to levy fines to an amount not exceeding $1,000 - 342 Escheated property in St. Philip's and St. Michael's vested in for Orphan House -■ 392 Fee simple of certain lands vested in Z33 Intendant (Mayor) and Wardens (Aldermen) to be known as H'^ Jurisdiction of, extended to junction of King and Meeting Streets 343 Jurisdiction of, to extend 1*0 the channel of Cooper and Ashley Rivers 340 May permit erection of wooden buildings in certain limits 374 No street to be opened without the approval of 395 Officers appointed by, to enter buildings, when 375 Power and authority in regard to the construction of buildings 368 Powers of :--3'^ Power of, to impose punishments for the violation of City Ordinances 345 Procedure on refusal of proprietors to appoint commis- sioners 397 Quorum for other duties 345 Quorum to levy taxes and appropriate money 345 To appoint commissioners to assess damages and ad- vantages from opening, widening or extending any street ' 397 To appoint all officers necessary t,2>- To call a meeting of proprietors to appoint commis- sioners jointly to assess value of property 397 To compel owners of low lots or cellars to drain or fill.... 387 To condemn low lots in certain cases 390 To contract to pay annuity for certain period to High School 164 To convey lot and building northwest corner George and Meeting Streets to Trustees of High School of Chareston 165 To elect inspectors of timber and lumber 562 To elect two Aldermen, after the general election, to serve as Trustees of High School during their term of office 164 To establish Sewerage system 394 ■> INDEX. 49^ Orr. Acts Sec. Pace To have power to enter buildings and premises to exe- cute provisions for Sewerage 395 To increase debt of City, only when and how 403 To open and widen streets 396 To recover expenses incurred in filling low lots, on refusal of owner, in Court of Common Pleas 389 To sell if assessments levied for opening street not paid 398 Vested with exclusive power to till up low lots and cellars 389-390 Vested with the powers of the Commissioners of Streets, etc 331 CITY COURT— Appeal from to the Supreme Court 408 Clerk and Sheriff, powers of 409 Juries in, how drawn, empanelled, etc 14 406 Jurisdiction of 405 Jury box and jury list to be provided by Sheriff 15 Jury to be drawn only on order of Recorder 13 May sentence to imprisonment 408 Power of court and Recorder 408 Practice and pleadings in 16 407 Practice and pleadings same as in Circuit Court 16 Prisoners to be tried in, may be ordered to jail 392 Qualifications of jurors 407 1 erms of, when 13 To be holden by Recorder 405 Trial by jury in 405 Transfers of judgments in, to the Circuit Court 408 Vested with jurisdiction to try, determine and impose penalties authorized by Ordinances 405 Writs and processes 408 CITY DISPENSARY PHYSICIANS— Change of residence from district, vacates office 292 City divided into six health districts and one assigned to each 290 Complaints against to be adjudicated by Board of Health 296 Election of six 289 No temporary substitute to be made without permission of Board of Health 292 Not allowed to hold office more than four years 293 Salary 298 Shall not hold any other professional office without con- sent of Board of Health •.. 291 Shall reside in their districts and have their offices therein 291 To answer calls at all hours without charge 295 To be under guidance and control of Board of Health 300 To carry a pocket case of medicines 295 To issue permits for admission of indigent sick to City Hospital 295 To report monthly to Board of Health 297 Not to engage in private practice 294 424 INDEX. Sec. Page Ord. Acts CITY ELECTRICIAN— Applications for permits to erect wires must be filed in office of 209 Assistants to 208 Duties 208 How appointed 208 Office established 207 Salary - - 208 To direct placing poles and wires 238 To enforce ordinances in regard to lighting City 241 To enter sub-ways and have access to all buildings 234 To have supervision over lighting the City 241 To regulate placing and stringing of wires 2^3 To report annually to City Council in reference to lights 241 To report breaches of lighting contract to Mayor 241 CITY HALL— Janitor of 799 Custodian of - 799 Penalty for injuring, defacing, etc 801 CITY HOSPITAL— Ambulances of, to have right of way on streets 381 Commissioners to choose and appoint officers and nurses 378 Commissioners to make rules and regulations for 377 House Physicians of 379 Management of 37^ Mayor to appoint ten Commissioners 377 Not lawful for quarters, subsistence, etc., to be fur- nished to any but employees 380 Term of office of Commissioners of 377 To receive indigent sick on permits of City Dispensary Physicians ; 295 CITY OFFICERS— (See Officers.) CITY ORPHAN ASYLUM. Establishment of 37'^ Commissioners of to be elected annually 372 Commissioners of. to submit rules for Council's approval 372 Who may be admitted to 373 Proper officers to be appointed 374 CITY SURVEYOR AND ASSISTANT— Bonds of 788 Duties of - ._-.. 784-785 Duty of, in connection with draining and filling low lots 275 Election of and assistant 783 Office and instruments 786 Records, maps, etc., of 786 Salaries of 787 Shall give level of street before the surface of a lot shall be cut down 789 Shall give the line of street 79i To attend whenever required, the Board of Inspections on examination of lots and give levels, etc 317 iNU)..x. 425 Ord. Acts Sel'. Page To lay off line of streets for parties erecting build- ings, fences, etc "91 To give certificate that lot is filled before building can be erected 275 To inspect plants storing or distributing inflammable oils 691 CITY TREASURER— Ex-officio a member of Charleston College fund 405 To be one of the Trustees of Orphan House funds and estate 366 To pay bills of institutions under control of Commis- sioners of Public Lands 357 To receive all moneys from Commissioners of Public Lands 357 CLERK CITY COURT— Duties of 22 Election of 22 Salary of 22 CLERK OF COUNCIL— City Council authorized to appoint a ^J,2 Clerk pro tempore, provision for 795 Duty of 793 Election of and bond 797 Office hours of 794 Salary of 796 To give notice of annual election of City officers 764 CLERK OF WEIGHTS AND MEASURES— (See Weights and Measures.) CLERK TO HEALTH OFFICER— Duties of 288 Election of 288 Term of office, salary, and how payable 288 COAL— Carter to have certificate 548 Not permitted to remain on streets longer than four hours 143 Penalty for having less than quantity stated in certificate 549 Penalty for selling coal other than by weight 551 Purchaser to have the right to have coal weighed on public scale 550 Scales to be tested 552 To be sold by weight and weighed by sworn weigher 547 Vv'^eight of ton 547 COLONIAL COMMON— Board of Commissioners to be appointed by Mayor 816 Duty of Board 817 Historv and location of 815 Organization of Board 818 To report annually to City Council 818 COMMISSIONERS OF THE ALMS HOUSE— (See Alms House.) ■ 426 INDEX. Ord . Acts Sec. Page COMMISSIONERS FOR THE PLANTING AND PROTECTING OF SHADE TREES— Appointment of - 158 Appropriation for 158 No trees to be planted in streets, without their approval 159 Vacancies in Board, how filled 158 COMMISSIONERS OF CITY HOSPITAL— ( See City Hospital.) COMMISSIONERS OF ELECTION— Invested with necessary power to keep the peace, etc 349 To provide three ballot boxes for each precinct 349 COMMISSIONERS OF THE COLLEGE FUND— (See Charleston College.) COMMISSIONERS OF THE MARKET— (See Market.) COMMISSIONERS OF THE ORPHAN HOUSE— (See Orphan House.) COMMISSIONERS OF PUBLIC INSTITUTIONS — Authorized to remove officers, whensoever they may think proper 767 Elections by, to be approved by City Council 769 Penalty for disturbmg meetings of 738 Persons holding offices under, not to take contracts 776 404 The Aldermen to perform the functions of, in certain emergencies 770 , To elect officers annually 766 COMMISSIONERS OF PUBLIC LANDS— (See Public Lands.) COMMISSIONERS OF REGISTRATION— After registration and revision to turn books over to Supervisor of Registration 271 Compensation of ' 272 Duties of, defined 271 Authorized to appoint three 271 To appoint clerk 272 To provide registration books 272 COMMISSIONERS OF THE MARKET— (See Market.) COMMITTEE ON ACCOUNTS— Duties of, in regard to 113 To destroy old books and vouchers after ten years 114 COMMITTEE ON STEAM ENGINES— Duties of 735-736 To be appointed by Council 735 COMMITTEE ON STREETS— To approve location, etc., of electric poles and wires 211 To approve of bills for materials and expenditures 132 To approve of bills for street hands and carts 129 To approve of the appointment of street hands and carts 129 To approve samples of insulated wires before same are strung 214 To control erection of all electric poles and wires 211 To issue orders to Superintendent of Streets 136 I INDEX. 427 Ore . Acts Sec. Page With the Mayor, to direct the building and repairing of sidewalks 142 With the Mayor, to establish regulations 135 CONSTABLES— City Council authorized to appoint 332 COMMERCIAL CLUB— Authorized to construct verandas m front of building on Meeting street S30 CONTRACTS— By commissioners, not to be made exceeding $500 without consent of Council 113 City officers forbidden to take 404 Payment of accounts founded on 113 Superintendent of Street not to be engaged in any, with the City I34 CORONER— . Board of Health to furnish blank certificates to 333 City Council authorized to appoint 332 To give certificates of death 330 CORPORATION COUNSEL— Bond of 24 Duties of 24 Election of 23 Salary of 25 CORN— To be sold by weight, at rate of 56 pounds per bushel 558 Penalty for selling otherwise 559 COTTON AND COTTON PRESSES— License, price of, how obtained 667 Lightering, regulations as to 660 Loose cotton, not to be packed except in a brick or stone building 668 Loose cotton, not to be packed without a license 666 Penalty for stealing 672 Pressman to put his mark on each bale pressed 669 Regulations for storing cotton 663 Samples not be purchased from any person but a factor.... 674 Ships and vessels using donkey engines in loading, to have spark arresters 661 Unlawful for cotton menders to take samples 673 Unlawful to bring or keep burnt or scorched cotton within the city, except — 671 Unlawful to spread or pile loose cotton on any wharf, street or unenclosed place - 670 Unlawful to use fires or burn lights in building where loose cotton is spread, piled or packed 670 Unlawful to work in loose cotton before sunrise or after sunset 670 COUNCIL STREET— South end of, established as a public landing 166 COUNTY SHERIFF— Duty of to receive convicts on the chain gang surren- dered by County Supervisor 366 423 INDEX. Ord. Acts Sec. Page cows- Going at large to be taken up 345 Not to be led or driven in White Point Garden 812 To be kept" in houses floored, perfectly clean, etc 345 When taken up how disposed of 652 DANGEROUS BUILDINGS— (See Buildings.) DANGEROUS DISEASES— Board of control or trustees to require vaccination of teachers and scholars 384 DEATH CERTIFICATE— Duty of physician with reference to ". 334 Form of 333 Penalty for neglect - 334 To be furnished to physicians by Board of Health 333 DEATHS— Registration of, empowered to be required by City Council 283 385 DEBT OF THE CITY— No obligation to be guaranteed except when and how 403 Not to be increased lievond the income of the current veur 403 DEPUTY ESCHEATOR— City Council to appoint 391 DISORDERLY BEHAVIOR— At meetings of commissioners 738 At places of public amusement 741 Clamorous crying of wares, whooping, etc., prohibited—. 739 Clamorous noises, either in the day or night, unlawful 739 Disorderly conduct defined 739 Indecent, disorderly conduct, drunkenness, quarrelling, etc. 739 Street criers, hours regulating 742 Unlawful to throw from house or window water, offal or other matter on the sidewalk 740 Unlawful to follow bands, parades, etc 752 Unlawful to sell opium, cocaine, etc 753 Unlawful to spit on sidewalks 754 Unlawful to trespass on or use city property 755 DISORDERLY HOUSES— Defined 743 Duty of police in reference to 744 Keeper or inmate of, guilty of misdemeanor 743 Penalty for officiating as a musician at such house 746 DISORDERLY PERSONS— Defined, idlers, drunkards, prostitutes, beggars, tramps.... 747 Penalty against 748 DISTILLERIES— Number of stills allowed 700 Stills exceeding ten gallons and brew houses prohibited.... 699 DOGS— Badges to be numbered and stamped 653 Bitches in heat, running at large to be caught and detained 65S Fierce and dangerous dogs, regulations as to 657 Going at large to be caught, and if not redeemed, killed.... 655 Muzzles 659 INDEX. 429 Ord . Acts Sec. P.xge Penalty for removing badge 656 Precautions as to mad dogs 659 Regulations as to dog pound 656 To wear badges 653 DRAINS— Lots must have connections with public drains 180 No connections to be made with, unless with permission of Street Department 338 Penalty for interfering with cleansers 181 Private drains must be of brick, stone, iron or clay pipe.. 180 Private drains to be cleansed when choked 181 Unlawful to connect a private drain with public drain without consent of Mayor 183 Unlawful to injure public drain 182 DRAYS— (See Carts and Drays.) DRIVERS— (See Carriages and Carts and Drays.) DRUNKARDS 747 DRY MEASURE.... Contents of a bushel, peck, etc - 528 Grain to be sold by 529 Unlawful to use any, except of the standard capacity 535 ELECTIONS— For Mayor and Aldermen, who may vote at 356 When to he held 4li ELECTRIC WIRES AND POLES— All companies to occupy same line of poles 212 Applications for erection of, must be filed in office of City Electrician 209 Circuits to be provided with device for detecting ground connections 218 Classification and definition of wires 210 Committee on Streets to control erection of all poles 211 Cost of same, how borne 217 Gongs for use of Fire Department to be placed in station of every company 224 Guard wires, how composed ! 217 Guard wires to be placed, where 217 How wires are to be fastened 215 Insulation must be approved by Committee on Electric Wires 214 Light wires must not be less than one foot apart 216 Location of poles to be changed by company when ne- cessary 222 Loops, poles, wires, etc.. not in use, to be removed 219 Main streets not to be occupied when their use can be avoided = 209 Permission must be obtained to run light or power wires under telegraph wires 217 Plan and description, indicating location, etc., to be filed .... 209 Poles to be placed within 6 inches of the curb 222 Police and Fire Alarm wires may be placed without cost on poles of any company 223 29 430 INDKX. Ord. Acts Sec. Pace Porcelain knobs prohibited except in dry places 216 Roofs must not be used to support wires without consent of owners 213 Size of poles 220 After inspection no change to be made without permit.... 235 Committee on, to control erection of wires 209 Companies or firms to send emergency teams in case of fire 226 Contractor to notify City Electrician when work ready for inspection 236 . Crossing wires not to be less than five feet apart 221 Current cut out if requirements not observed 239 Current not to be turned on without certificate 236 Current to be turned off if ordered by Chief of Fire Department 227 Gongs to be connected with fire alarm wires 225 In certain contingent Chief to cut wires 231 Materials to conform to rules of National Board of Underwriters Z},"] Penalty 240 Teams to report to Chief of Fire Department 226 Unlawful to extinguish electric light 243 Tests for ground connections to be made three times each day 218 Trees must be trimmed only by permission of Tree Commissioners 221 Where angles occur, guard-irons must be placed 217 Wires along walls must be rigidly attached 216 Wires entering buildings must be insulated 229 Wires must be insulated 214 Wires must not sag 215 Wires to be not less than 22 feet above the street 221 ENGINEERS OF FIRE COMPANIES— Fire-Masters to appoint a Board for examination of 451 ENGINE HOUSES— Unlawful to place any obstructions in front of 463 ENSTON HOME— (See William Enston Home.) ESCHEATS— Amount of, limited to $100,000 391 Vested in Citv Council for benefit of Orphan House 391 EXECUTORS AND ADMINISTRATORS— Authorized to exchange scratched, for clean bonds 402 Exempt from taxation, what property 52 FEES— For inspection of weights and measures 532 For measuring fire-wood 557 For measuring timber 566 For sweeping chimneys 606 Of officers of City Court 409 Penaltv on city officers for taking illegal 771 FINES— " City Council empowered to affix and levy 2>?)^ Not to exceed $1,000 for each offence 342 INDEX. A-7-1 Ord. Acts Sec. Page FIRE-CRACKERS— Shooting of, prohibited except at certain times 695 FIRE ALARM TELEGRAPH— (See Fire Department.) FIRE DEPARTMENT— FIRE MASTERS— Advisory members of Board may be appointed 469 Annual meeting and election of otficers 452 Board and officers to have control in time of fire 459 Board may negotiate for service of Department in ex- tinguishing fires on vessels 462 Board to fine or suspend employees 457 Board to make rules for government of the Department.... 455 Chief of, authorized to enter buildings on fire and those adjoining 381 Chief of, to report his finding to Chief of Police, of ori- gin of fire 380 Chief to inquire into origin of fires and report to Council 466 Chief to give directions to shut oft' gas 460 Chief to inspect all oil plants 688-691 City Council authorized to appoint 332 Complement of officers and men for engines 447 Complement of officers and men for trucks 448 Composition of Board of Fire Masters and term of office.... 445 Duties of Chief and Assistants as to fire escapes 472 Engineers to be examined 451 Felony to injure Fire Alarm Telegraph 379 Fire Department, how composed 446 Fire Masters may prohibit the use of public wells 465 Government of Department vested in Board 450 Number of engines, etc 445 Officers not to leave City without written permission 456 Officers of 446 Penalty for shutting off gas without order 461 Persons not allowed within line of operations of 458 Police or person giving an alarm to remain at the bo.x to locate the fire 375 Right of way, apparatus to have 453 Salaries of officers and men 449 Salvage corps a part of Fire Department 470 Salvage corps, its authority and duty 470 Signs to be placed at alarm boxes and Chief to inspect same 468 Term of office of employees 450 L^nlawful to drive in streets where Department is sup- pressing a fire 454 Unlawful to give false alarm or injure boxes 467 Unlawful to make or have in possession duplicate keys to fire alarm boxes 467 L^nlawful to obstruct fire wells, hydrants, etc 463 LTnlawful to run wires so near fire alarm wires as to affect their working 464 LTnlawful to tie horses to or place obstructions near pole of Fire Alarm Telegraph 464 [ 432 INDEX. Ord . Acts FIRE ESCAPES— Sec. Page Duty of Chief, Assistant Chiefs, etc., of Fire Depart- ment with reference to 471-476 Penalty where owner refuses or neglects to provide after notice 475 Proceedings to compel erection of 472 Proceedings where parties, after notice, neglect to provide 473 To be approved by Chief and Assistants 471 To be kept in good repair and kept free from incinn- brance 471 To be provided in buildings used by two or more families 472 To be provided in buildings where operatives are em- ployed in stories above the first story 472 To be used in school houses, theatres, hotels, office buildings, etc 472 FIRE LIMITS— (See Builduigs.) FIRE WELLS— Fire-Masters to control use of 465 To be under supervision of Fire-Masters 206 Unlawful to place obstructions near 463 FIRE WOOD— (See Wood.) FIREWORKS— Shooting of squibs, crackers or other fireworks pro- hibited except at certain times and in certain places 694 Penalty for 695 FISH— Market for sale of 490 Not to be sold on the Battery 808 Regulations for sale of, to be established by Commis- sioners of the Market ". 490 Sale of fish on the streets 491 Sale of, on Sundav prohmited 493 1-ISHERMAN— • Dues from, to be collected by Assistant Clerk of the Markets /. 491 Not to land on or embark from the Battery - 808 To obtain permit for sale of fish 491 FISHING BOATS— Not to be made fast to the Battery 808 FIbHING NETS— Not to be hung on the railing of the Battery 808 Franchise ...- 319 FREIGHT BUREAU— Appropriation for 404 Board of Freight Commissioners established as one of the municipal boards of the City 399 Board to report annually to Council 403 Clerk 402 Compensation of Manager and Clerk 402 riow composed 400 How vacancies filled 401 Manager or Inspector 402 Power and duties of Board 402 Rules 402 Franchise 319 i I INDEX. 433 Ord. Acts GAMBLING AND GAMBLING HOUSES— Sec. Page Lotteries prohibited 751 Lotteries, wheels, etc., to be broken up publicly 751 Penalties 75 1 Prohibited, and penalty imposed 750 Sale of lottery tickets prohibited 751 GARBAGE— Removal of 346 GAS— Notice to be given to inmates of house on fire, before gas is shut off 461 Penalty for shutting oft', without such notice 461 Penalty for shutting off, without orders from Chief of Fire Department 461 To be shut off from any house on fire, or about to take fire : 460 Consumption of Gas in City Institutions regulated. ..i.— 382 GASOLENE— (See Inflammable Oils) 683 GRAVES— Containing the remains of a previous burial not to be opened for the purpose of a new interment 324 Depth of : 3-5 Not to be opened for the purpose of removing the dead without a permit 324 GREEN GROCERS— (See Market.) GUANO— Storage of regulated 702 GUARDIANS— Authorized to exchange scratched for clean bonds 402 GUNPOWDER— ' How to be carried through the City 676 How to be kept 678 License to sell, how obtained 677 Not lawful to sell without a license 677 Not more than 25 lbs. to be kept by dealers in the City 679 Not to be stored in Citj^ 680 GUNS— Firing of, within the City prohibited 694 HACKS AND HACKMEN— Flourishing whip prohibited 636 Indecent or profane language, boisterous talking, etc., prohibited 634 Loose and careless driving prohibited 633 Not to leave his vehicle and team unattended 636 Not to obstruct street crossings 635 Not to vex or annoy travelers or citizens or obstruct any sidewalk .'. 634 Penalty for demanding more than fare allowed 642 Penalty for laying hold of baggage without consent of owner 643 Penalty for resisting police officer 637 Rates of fare for hacks 640 Snapping of whip, etc., at railroad or steamboat termi- nation prohibited .•. 634 434 INDEX Ord. Acts Sec. Page Unlawful to carry persons with infectious disease 644 Stands for located 647 Rates of fare to be posted in vehicles 649 Driver to wear badge 650 HARBOR— City Council authorized to make by-laws and Ordi- nances concerning the 331 HARBOR master- To notify ships using donkey engines in loading cotton to have spark arresters 661 HAY AND FODDER— Must be weighed at public scales 542 HEALTH OFFICER— Certificates of death to be delivered to, each day 386 Duties of 283 Duty of with reference to draining or filling low lots 315-321 Election of 283 Ex-officio member of Board of Inspection for examina- tion of low lots 316 Salary of ^ 287 Shall attend all meetings and carry out orders of Board and Mayor 284 Shall be Secretary of Board of Health 284 Shall keep a record book for complaints of nuisances 288 Shall keep a record book of all reports from City Dis- pensary Physicians, Shirra's Dispensary Physicians and City Hospital Physicians, tabulate same and pre- sent them to City Council 285 Shall keep a record of births, deaths and marriages 283 Shall keep a public register of all deaths 283 Shall make full reports to Council on the first Monday in January 283 Shall prepare and publish weekly bills of mortality 283 Shall receive burial certificates from sextons, and keep record of same 284 To be ex-officio a member of Board of Sewer Commis- sioners 184 To be fined for neglect of duty in reference to filling low lots 321 To issue burial permits 330 HEARSE-KEEPERS— Not to convey a corpse unless licensed and supplied with a death certificate from Physician or Coroner 330 To be licensed by Board of Health 330 HEARTHS— To be built on an arch of l^rick or stone 504 HIGH SCHOOL OF CHARLESTON— Annual appropriation for 408 Board of Trustees of, how composed, Mayor ex -officio, a member 406 City Council to contract to pay annuity for certain period 408 City Council to convey lot and buildings Cor. George and Meeting Streets 408 INDEX. 435 Ord . Acts Sec. Page Commissioners to cancel bonds 407 Conveyance of lot and buildings to _ 408 Declared a body corporate, style and title of 406 Rights and powers of 406 To make by-laws and rules 406 To recommend for appointment by the Governor two Com- missioners on the School Board 321 Vacancies on Board of Trustees of, how filled 406 HIGHER EDUCATION AND SCHOOL BOARD RE-OR- GANIZATION— (See School Commissioners.) HOGS— Commissioners of Markets to establish a market for 519 Not to be kept within limits of City 344 HOME— WILLIAM ENSTON— (See William Enston Home. ) HORSES— Carcass of dead animals not to be thrown or left m street 341 Cruelty to, prohibited 646 Duty of owner to remove dead animal 342 Not to be ridden, led or driven in White Point Garden 811 Not to be ridden or driven faster than six miles an hour.- 631 Not be tied to any lamp post 164 Not to run at large 628 Racing of animals in City prohibited - 630 Unlawful to keep in City any animal having glanders or "farcv" 645 HOSPITAL— (See Citv Hospital.) HOUSE OF CORRECTION— Commissioners of Public Lands to elect officers and make rules for 355 INDUSTRIAL SCHOOL FOR COLORED ORPHANS— Establishment of 375 Commissioners of. appointed by Mayor 375 Commissioners of to hold all donations in trust 376 Commissioners of to report annually to City Council 376 IMPRISONMENT— City Council authorized to impose for violation of City (Ordinances 345 City Court vested with power to impose 409 INDECENT BOOKS, PAPERS, PICTURES, Etc.— Penalty and punishment 740 Printing, selling or the exhibiting of, prohibited 740 INFLAMMABLE OILS. Chief of Fire Department to inspect distributing Plants .-.; 688-691 Distributing plants to lay pipes through streets 692 Distributing plants regulated 686 Distributing plants to employ watchman 687 Fire test 681 Gasolene, Benzine, etc., how stored 684 Petroleum, how stored 685 Storage of, how regulated 683 436 ^^'°'^^'- Ord . Acts Sec. Page INSPECTORS AND MEASURERS OF TIMBER AND LUMBER— Bond and oath of 56-2 City Council authorized to elect 562 Fees of 566 Inspectors not to be interested in sales 562 Penalty for measuring, by side and edge measurement 563 Rules for measuring 563 Sale of timber in bulk 564 Sales to be by board measurement 563 Seller and buyer to select measurer 565 INSPECTOR OF WEIGHTS AND AIEASURES— (See Weights and Measures.) INSURANCE COMPANIES— Assessment and taxation of 66-69 Agents personally responsible for taxes 66 Of this City not required to return property owned by them in other States 67 INVESTMENTS— In Bonds — phrase defined 51 In Stocks — phrase defined 51 INTENDANT— (See Mayor.) — INTERMENT AND CEMETERIES— Authority of City Council with reference to 385-386 Certificates to be entered in book of Keeper of Cemetery 386 Committee on Cemeteries may make alterations in vaults at expense of owners 335 Graves to be six feet deep 325 Hearse keepers to give certificate 386 No interment to be made without a license from the Board of Health ^^t^2 None but pewholderr, or worshippers in some church in the City to be buried 326 Penalty for interment in any other burial ground than those already established 323 Physicians and Coroners to be required to give certificates 386 Unlawful to open any grave containing previous burial.... 324 Unlawful to remove a body without permit from Health Officer 324 Vaults not to be constructed above or below ground t^zj Vaults not to be opened to receive for temporary deposit the body of any person not entitled to sepulture within the City ^2/ Vaults so constructed as to expose remains of the dead, not to be opened to receive additional bodies s^? JUNK SHOPS— Keepers of, not to trade with minors and apprentices.... 706 Penalties 707 Subject to Inspection of Mayor and Chief of Police 705 To make daily reports to Chief of Police 708 Shops to be kept open only between sunrise and sunset.... 705 To he licensed 703 To keep a book open to Mayor and Chief of Police 704 INDEX. 437 Ord . Acts JURY— (See City Court.) Sec. Page KEROSENE— (See Intlammable Oils.) KING STREET— Loaded carts not to be driven through 639 KITES— Flying of, prohibited 694 LAMPS AND LAMP-POSTS— Any Light Co. authorized to erect 156 Penalty for breaking or removing or taking burners from 156 Unlawful for any person not connected with Gas. Co., to light or extinguish lamps 243 Ll^nlawful to tie anv horse or mule to 157 LICENSES— City Council authorized to require 362 LOW LOTS— Authority for filling up vested exclusively in City Council 388 isoard of Inspection to make report to City Council 316 City Council authorized to compel owners to drain or fill same 387 Expenses of filling to be recovered in Court of Common Pleas 389 How filled and drained 316-321 When expense of filling exceed one-half the value, lot to be condemned 390 How such condemnatioij shall be made 390 Low lots in a state of nuisance to be filled up 389 Notice to be served on owners 389 To be examined by Board of Inspection 316 MANUFACTURERS— Returjis of 58 vV^ho are 58 MARION SOU ARE— Board of Commissioners 821 Duties of Board 823 Location of 820 Powers of Board 822 Uses of 820 MARKET— Additional stalls to be granted to those needing more tnan one 482 Articles brought into Market for sale without permis- sion, to be seized 480-481 Butchers not to transfer stalls 482 tSutchers to keep their own scales and weigh on same 498 Butchers to wear white aprons 499 Carts (Butcher's) remaining at 487 Cattle and sheep, swine, etc., not to be killed in the City, except in such places as the Commissioners appoint 485 Certificate of stall, what to contain 483 Certificates to be given to holders of stalls... 483 Clerk of Market, duties of 505 Clerk of Market given same powers and charged with .same duties as to Green Grocers as he has to the Market 505 438 ^^'^'^'■^- Ord . Acts Sec. Page Clerk of Market not to keep books for persons selling in the 510 Clerk of Market, oath of office - 508 Clerk of Market, office hours of SH Clerk of Market, penalty for obstructing the 513 Clerk of Market to countersign certificates of rent of stalls 483 Clerk of Market to employ deputies only with consent of Commissioners 5^9 Clerk of Market to give bond 507 Clerk of Market vested with powers of policeman 508 Commissioners authorized to alter the rates for stands 489 Commissioners to establish regulations for sale of fish 491 Commissioners authorized to make improvements in 477 Commissioners may vacate lease of any stall 480 Commissioners not to make contracts over $100 without sanction of City Council ■ 503 Commissioners of, to have under their control all weights, measures, etc - -■ 532 Commissioners to elect officers, prescribe duties and fix salaries Sd Commissioners to establish a market for sale of cattle 519 Commissioners to make quarterly returns to City Treas- urer tr 502 Commissioners to make regulations for the management of ts ; : 501 Commissioners to make rules for the sale of articles in the 504 Commissioners to regulate commissions on sales in market 496 Election of Commissioners 500 Fines, recovery of and disposition of 516 Fresh meat to be sold only in the market or in Green Gro- ceries : -; 484 Green Grocers subject to rules of market and regulations of Commissioners 521 Green Grocers under control of Commissioners and Clerk of Market 417 Green Grocers, licenses for 521 Manner in which butchers shall carry meat to and from 486-488 Market hours regulated 492 Market to be held every day in the week except Sunday.... 492 Meeting of Commissioners 501 Mode of enforcing payment of stall rent 48; No butcher pen to be South of Line Street Sic- No person allowed to sell in, except lessee of stall 479 No sales to be made in the market on Sunday 493 Penalty for selling after market hours 492 Police to attend in the market 5i7 Powers of Commissioners Soi Price for vegetable stands 489 Regulations as to butcher's carts remaining at 488 Renting of stalls in 478 Sales of meats on Saturday 494 INDEX. 439 Ord . Acts Sec. Page Sale of unwholesome food forbidden 495 Unlawful to assault or obstruct a butcher 514 Unwholesome food to be burnt or destroyed 495 MARRIAGES— City Council authorized to require registration of 301 MAYOR— Action of. in relation to unsafe buildings 376-379 Appoint Commissioners for the planting and protecting of shade trees 158 Authority and duty in case of riots 5 m Authorized to appoint a special detective for Assessor's Department 423 j Authorized to send persons to Alms House 352 Charged with discipline of police 5 Duties of 3 Election for, when and how to be held 411-348 Eligible more than three years 341 Empowered to enforce the attendance of witnesses re- quired before Council 339 Ex-officio a member of Charleston College Fund 405 Ex-officio a member of the Trustees of the High School of Charleston 406 In case of absence or inability of, Mayor pro tempore may be elected by Aldermen 342 In case of sickness or temporary absence, who shall act as 342 May appoint a Board of Health 259 May bring Officers of Police to trial.... 5 May, by compulsory process, compel the attendance of witnesses before the Police Court 341 May employ additional counsel on particular occasions.... 26 May punish for contempt 341 May require all City Officers to furnish written informa- tion 6 Penalty for malfeasance ^^6 Penalty for refusing to act as. 336 Qualifications required of 339 Salary of _ 12 Shall annually in January nominate to Council Chief and Lieutenants of Police 424 Shall examine assessments made by Assessor 7 Shall e.xamine books of City Treasurer 7 Shall give direction to Police and all other City officers.... 9 Shall have office at the Council Chamber 10 Shall have power to inspect books and records of City offi- cers 6 Shall inspect all City work .^ 8 Title of Intendant changed to that of 340 To appoint a Board of seven Fire Commissioners, and to be ex-officio, a member of same 445 To appoint a Board of Sewerage Commissioners, and to be ex-officio a member of same 184 To appoint Board of Commissioners of the Colonial Com- mon and Ashley River Embankment 816 To appoint Board of Health 259 440 INDEX. Ord . Act s Sec. Pace To appoint ten Connnissioners of City Hospital yj"] To be a member of Board of Park Commissioners 803 To be elected from among the corporators, (see note to page) 335 To be ex-officio a Trustee of the Wm. Enston Home 388 To designate to Superintendent of Streets where garbage shall be deposited 138 To enter anj' building or other enclosure where cotton loose or in bales is unlawfully stored and have same removed 664 To inspect unsafe buildings 376 To issue warrants and cause offenders to be brought be- fore the Police Court 341 To make annual reports to Council 11 To make reports to Council 5 To qualify in the presence of the Aldermen 335 To summon Aldermen to meet in Council whenever neces- sary 331 To summon meetings of Council 4 331 Vacancies in oflfice, how filled 331-350 Vested with powers of Justice of the Quorum 339 Vested with powers formerly exercised by Intendant 341 With Committee on Streets, shall direct the building and repairing of sidewalks 137 With Committee on Streets, to establish regulations for the Street Deoartment 135 MAYOR'S SECRETARY AND CUSTODIAN OF CITY HALL— Authorized to arrest any one injuring City Hall 801 Authorized to take into custody any one injuring City Hall 801 Duties of 800 Election of 798 Salary of 802 To have a janitor for City Hall 799 To take charge of City Hall and attend dailv 799 MEASURES— Commissioners to establish an office for the inspection, etc.. of 532 Contents of dry and wine 528 Every owner or keeper of a retail grocery to keep a com- plete set of 545 Fees for the inspection of 532 Found below the standard to be forfeited 538 Of capacity, the cubic inch the standard 528 Of extension, the inch, the foot, and the yard declared to be the standard 536 Of what materials to be made 531 Penalty for refusing to present them when demanded for inspection 545 Presented for examination to be stamped if correct 539 Ouarter pecks to be used as, in the sale of grain, etc 530 To be inspected, etc., once in every three months 533 To be under the government, etc., of the Commissioners of the Markets 532 LTnlawful to use any, for measuring wine or liquids not of the standard capacity and stamped 534 I I INDEX. 44^ Okd . Acts Sec. Page Unlawful to use any, for measuring grain, salt and other commodities, not of the standard capacity and stamped 535 Unlawful to use any yard-stick not of the standard length and stamped 536 Unstamped, deficient, etc., to be seized 538 What shall be sold by dry and wine 529 AIERCHANTS— Returns of 57 MILL PONDS— Construction of locks for 1O7 L'nlawful to drain . 167 MONEYS— The term defined 51 MULES— (See Horse.s.) NAPHTHA— (See Inflammable Oils.) NAVAL STORES— Where to be stored 693 NEAT CATTLE— Commissioners of Market to establish a market for sale of 519 NON-RESIDENTS— Income of, liable to taxation 361 NUISANCES— (See Board of Health.) OATS— To be sold by weight, at rate of ^2 lbs. per bushel 558 Penalty for selling otherwise . ^qg OFFAL- _ L^nlawiul to throw anv upon sidewalk 740 OFFICIAL BONDS— Applicants for office to name sureties on 778 By whom to be exammed 781 Conditions of .' 779 To be approved bv Council 780 OFFICERS— Boards may elect one of its members as Secretary or Treasurer, or both yjj Bonds of 778-781 Citv Council Authorized to appoint all necessar}- 332 Commissioners of Public Institutions authorized to re- niove 767 Council may alter salaries and prescribe additional duties 77^, Election of, time for 764 Elections by Comftiissioners subject to approval of Council 769 Forbidden to take contracts 776 404 If Commissioners be not elected, or resign, Aldermen shall perform the duties ., 770 of public institutions to be annually elected 766 Penalty on officers for taking illegal fees 771 Rations to be allowed officers of certain institutions 772 Subject to removal for cause 775 To be residents of City 774 To make annual report to Mayor 782 Vacancies, how filled 765 Vacancies in offices of public institutions, how filled 768 OILS— (See Inflammable Oils) 681 442 INDEX. Ord. Acts Sec. P.\c.e OPIUM— Unlawful to sell 75^ ORPHAN HOUSE— Commissioners to appoint officers 360 Commissioners to makes rules for the government of.... 358 Commissioners to record in a journal the names of all donors, etc., and copy in same the clauses of deeds, wills, etc., referring to same 365 Commissioners to render to Council a statement of the funds 364 Council .to elect annually a physician 361 Donations, devises and bequests to be held by commission- ers and invested 363 Election of twelve commissioners of, to be annual 358 Escheated property in Charleston to be applied to benefit of »^ 367 391 How investments are to be made 363 Income and dividends of investments to be applied to the designs of the benefactors 364 Investments by Trustees to be made with approbation of commissioners and consent of Council 367 Investments are to be in name of Trustees, are declared to be sacred and are to be forever kept distinct from all other City funds 368 Rations allowed officers of 17- The Mayor, the Chairman of the Board and City Treas- urer to be Trustees of Orphan House funds and estate 366 Trustees to invest funds 366-370 Trustees to report to Council annually ZT^ Value of escheated property for benefit of, limited to $100,000 391 Who shall be admitted into 359 PARADES— Unlawful to follow 75- PARK COMMISSIONERS— Board of, established 803 Composition of and how appointed 804 Contracts, how to be made 806 Duties and powers of 805-807 Term of office 804 To make annual report to Council 806 Vacancies, how filled -•- 804 PAVEMENTS— Awnings obstructing pavements prohibited 438 Awnings over to be rolled up at night 44° Barrels not to be rolled on pavements 435 Encroachments on prohibited I44 Expense for opening to be paid by applicant 148 Glass, etc., not to be thrown in streets I45 Penalty for opening without permission 149 Posts erected on prohibited 439 Posts, penalti,es for irhiry to 4.^6 Refuse meat, bones, etc., fruit skins, not to be thrown on streets or sidewalks I45 \ INDEX. 443 Ord . Acts Sec. Page Streets or sidewalks not to be opened without permission Supt. of Streets 150 To be protected by platforms for carriages, etc 146 Unlawful to draw off oil from any cask upon the pave- ment k f- 433 Unlawful to take up without permission 147 Unlawful to spit on sidewalks 754 Unlawful to throw paper on 347 Unlawful to throw water on 74° PAWN BROKERS— Keepers of not to trade with minors and apprentices 706 Penalties for violating law in relation to 707-709 Shops to be kept open only between sunrise and sunset.... 705 To be licensed 703 To keep a book open to inspection of Mayor and Chief of Police - 704 To make dailv reports to Chief of Police -■ 708 PENALTIES— ' City Council empowered to recover 33^ Whenever in Ordinances the only penalty is a fine not exceeding $100, the Court may impose as an alternative imprisonment not exceeding thirtv davs 832 PERJURY— As to origin of fires - 381 PERSONAL PROPERTY— (See Assessments.) PETROLEUM— (See Litiammable Oils.) PHYSICIANS— Board of Health to furnish blank certificates to 333 To give certificate on death of patients 334 To report all cases of infectious, contagious or pestilential diseases 265 PHYSICIANS FOR THE POOR— (See City Dispensary Phvsicians.) PHYSICIAN OF CITY HOSPITAL— (See City Hospital.) PHYSICIAN OF THE ORPHAN HOUSE— Duties of 361 Salary of 361 To be annually elected by City Council 361 To make no charge for attendance on any officer or assistant 362 PISTOLS— Firing of, within the City prohibited 694-696 Unlawful to sell 697 Penalty for violation 698 PITCH— Landing and storing of 693 POLICE— Appointments and discharges 425 Assaulting the police, penalty for 444 Authorized to arrest without warrant persons violating any laws of the State 392 444 INDEX. 378 Ord . Acts Sec. Page Authorized to enter any house without warrant upon hear- ing loud and tumultous noises 392 Bonds to be given bj' Chief and Lieutenants 427 Chief and Lieutenants to be annually nominated by the Maj'or 424 Chief of Fire Department to report his findings of the origin of fires to Chief of 380 Chief of. to have fierce and dangerous dogs killed 657 Chief to detail members of Police to aid Chief of Fire De- partment in certain cases 381 Chief to make quarterly reports to Council 431 Citizens called to assistance of, entitled to immunities and exemptions in certain cases 393 Duty of Chief in proceedings in relation to unsafe build- ings Felony to injure Police telephone 394 Fines ..: 423 Force, how composed 422 Force to co-operate in enforcement of dispensary law.... 443 No policeman entitled to fines 430 Relief and Pension Fund established!. - 430 Resisting officer, penalty for 637 Rights of Police between City limits and county line 393 Salaries and pay 423 Special detectives for dispensary law 442 Special Policemen, and pay of' same 428-429 Suspension and trial of officers 426 To aid Commissioners of Market in enforcing regulations as to weights and measures 543 To arrest offenders and preserve order 637 To attend in the Market 517 To be stationed before churches on Sunday 761-762 To execute orders of Board of Health 266-281 To report accident or impediment to fire alarm telegraph.. 464 To report violations of law as to buildings, roofs, etc 583 POLICE COURT— Contempt of, punishable 408 Offenders to be brought before 409 Vested with jurisdiction to try, determine, and impose penalties authorized by Ordinances 409 Jury trial in 410 Witnesses required, compelled to attend 408 POLLING PLACES— Location of, designated 351 POOL SELLING— Unlawful 749 POOR, THE— Admission into charitable institutions 383 City Council authorized to make by-laws and ordinances respecting the care of 331 Bringing paupers into the city prohibited 384 INDEX. 445 Ord . Acts Sec. Page Non-residents coming to the city for the purpose of ad- mission into charitable institutions forbidden 385 Penalty 384, 385 POSTS— Penalty for carrying away or injuring 436 POTTER'S FIELD— Commissioners of Public Lands charged with the control and utilization of 354 PRIVY VAULTS— Contents to be removed in air tight vessels 280-315 Persons engaged in cleaning must obtain license from Board of Health 315 Sanitary Inspectors to examine and report 278-262 To be cleaned once a year 315 To be so constructed that contents cannot overflow— .277-313 Unlawful to construct less than 10 feet from line of street 312 Unlawful without permission to connect with drains 314 PUBLIC BUILDINGS AND HOUSES— Council authorized to make By-Laws and Ordinances 331 Injury to and trespass on prohibited 755 To be kept cleaned 2Z7 PUBLIC CEMETERY— Commissioners of Public Lands to elect officers and make rules for 355 PUBLIC LANDS, COMMISSIONERS OF— Charged with control and utilization of Potter's Field.... 354 Charged with control of land at Corner Line and Presi- dent streets 354 Election of 354 To apply to labor those sentenced to House of Correction 356 To elect officers and make rules for Public Cemetery, Ashley River Asylum and House of Correction 355 To pay weekly to City Treasurer all moneys received by them 357 PUMPS, PUBLIC— • . Casks not to be filled from, without using a funnel 205 City Council authorized to make By-Laws and Ordi- nances respecting 331 Penalty for injuring 204 Regulations for sinking of 204 To be under the supervision of the Board of Fire-Masters 206 Unlawful to place obstructions near 463 Unlawful to wash horses, carriages, clothes, or other things at 204 QUORUM OF CITY COUNCIL— For the imposition of taxes and the appropriation of money 345 For the transaction of all other business 34c RACING— Of animals within limits of city 630 RAILROADS— A man with a red flag to be stationed at 726 30 446 INDEX. Ord. Acts Sec. Page Flagman to prevent vehicles and pedestrians from cross- ing - 12-] Policemen, Special, may be appointed 730 Limit of speed in the city 7^6 Penalty for attempting to cross after being warned 729 Obstructing streets, unlawful 7^5 Unlawful to blow whistles in the city 724 Unlawful to get off or on cars when in motion 730 RAILROADS— (Street.) See City Railway. Cars not to stop so as to obstruct intersecting streets 720 Cars to have number painted on side and carry a lamp at night ■ 717 City Council have right from time to time to make altera- tions and amendments to regulations 723 Duty of conductors and drivers 722 Hours when cars shall run 712 If cars not run for three months, road may be rented 718 If cars not run for twelve months, road may be sold 718 Lines north of Line Street, regulations for 714 Must follow regulations prescribed 711 Must keep in repair bridges, drains, etc 711 Must pave between rails and three feet on each side of track 711 No corporation to have exclusive right to streets Jzt^ Not to interfere with operations of the Fire Department 721 One fair for continuous trip 713 Petition for construction of 710 Rates of fare 713 Regulations as to construction of track 711 Smoking and spitting on cars prohibited 719 Transfers and transfer tickets 713 Vehicles not to obstruct track of 716 RAILROAD TICKET BROKERS— Certificate to be given purchaser 118 Required to take out license 115 Selling altered or forged tickets forbidden 117 To refund money if tickets are valueless 120 Unlawful to call out business in streets 116 RECEIVERS— Of railroads to make returns 63 Personal!}' liable for taxes 108 To list property for taxation 53 RECORDER— Causes for removal 18 City Council authorized to appoint a 332 Duties of 17 Election of 17 405 If Recorder absent himself for three months without leave, or neglects to attend City Court for same period vacates office 18 May sentence to hard labor on streets 20 Not to plead in certain cases 410 INDEX. 447 Ord . Acts Sec. Page Oath of office I7 Powers of I7 4o8 Salary of 21 405 Term of office 405 To hold the City Court 405 To hold the Police Court I7 409 To make rules for Police Court - 17 To report his opinion on points of law submitted to him.. 19 When required to give written opinion to Corporation.... 19 REGISTRAR— (See Health Officer.) REGISTRATION BOOKS— Managers of Election to be furnished with and respon- sible for 359 Books to be procured and opened 359 To be turned over to Supervisor of Registration 359 REGISTRATION OF VOTERS— Voters to be registered 355 Oath required - 359 Appeals 358 Books to be furnished 357 Elector to have Certificate 358 Form of certificate 358 Managers to be furnished with books 359 Municipal registration, how made 35^ No person to vote unless registered 349-356 Oath required 359 Place of voting 358 Polling precincts 351 Qualifications for registration 355 Qualifications for registration 356 Qualifications, how determined 357 RETURNS— Assessor to add to value of property listed, when 86 Assessor to furnish annual Abstract of to Treasurer 93 Assessor to summon and examine parties evading or mak- ing false 92 Character of 56 Form of to be prescribed bv Assessor 82 Of Bankers 78 Of Banks 73 Of E.xpress Companies 59 Of Insurance Companies 66 Of Manufacturers 58 Of Merchants 57 Of non-property holders 81 Of Railroad Companies 60-61 Of Receivers of Railroad Companies 64 Of Telegraph Companies 59-6o Of Telephone Companies 59 Penalty for making false return 83 Time for making 56 What property is to be returned for taxation 55 , 448 INDEX. Sec. Page Ord. Acts RIGHT OF WAY— Ambulances to have 381 Apparatus of Fire Department to have 453 RIOTS— Duty of Mayor in case of riots SS3 ROOFS— Not to be repaired or renewed with any combustible ma- terial 368 To be of slate, tin or other incombustible material 369 ROSIN— Landing and storage of , 693 SALARIES— City Council authorized to affix salaries of all officers appointed by them 332 How paid 113 Of all City officers, may be altered at any time by Council 773 Same to officers of Institutions 773 SALARY— Fixed mode of payment 124 Of Assessor 43 Of Chief and officers and men of the Fire Department 449 Of City Dispensar}' Physicians 298 Of City Electrician 208 Of City Surveyor and Assistant 787 Of Clerk of Council 796 Of Clerk of the City Court 22 Of Clerks to the Treasurer 40 Of Corporation Counsel 25 Of Health Officer 287 Of Master, Matron, and Clerk of the Alms House 351 Of Maj^or 12 Of Mayor's Secretary 802 Of Physician of the Orphan Home 361 Of Police Force 423 Of Recorder 21 Of Sanitary Inspectors, to be prescribed by Board of Health 262 Of Sheriff ^5 Of Supt. of Chain Gang 410 Of Superintendent of Sewers _ 186 Of Superintendent of Streets 129 Of Tidal Drain Keeper 179 Of Treasurer 39 SANITARY INSPECTORS— Duties and salaries to be fixed by Board of Health 262 To be appointed by Board of Health 262 To carry out instructions of Board of Health 262 To examine Privy Vaults 262 To examine every lot in their District at least once a month and report 262 SCALPERS— (See Railroad Ticket Brokers.) INDKX, 449 Ord . Acts SEAL— Sec. Page Custodian of 2 Description of i SEAMEN— City Council authorized to matie By-laws and Ordinances for the regulation of 33^ SEPARATE SANITARY SEWERAGE SYSTEM— All plumbing work to be tested, and how tested §5, p. 5 194 All joints of cast iron with lead pipe, to be made with brass ferrule _ §8, p. 5 194 Applications for permits, how and by whom made 195 Bell trap, running trap or any trap depending for its seal on a movable part, shall not be used §14, p. 5 ^94 Blanks for description of plumbing work to be obtained from Superintendent of Sewers §1, p. 5 I94 Board of Health may order connection with public sewer 193 Board of Health may prevent discharge of sewage into a highway, stream, drain or private sewer 193 Broken pipes to be replaced §17- P- 5 ^94 Cast iron hopper not to be leaded into pipe or trap, but to be fastened down with brass screws §13, p. 5 i94 Cast iron traps with hand holes not to be used §14, p. 5 ^94 City authorized to establish 394 Discharge from hydraulic elevators ^22, p. 5 194 Drains connected with public sewer to be 4 inches in dia- meter - ._ 194 (^) Drains of less depth than one foot must be of cast iron, etc J 194 (f> Earthenware pipes, must be not less than one foot under cover of earth ■ I94 (<^) Ends of all pipes to be kept closed during construction ; §9, P- 5 194 Every building to be separately connected with sewers..- 194 (c) Galvanized or rustless iron pipe may be used for vent pipes - §10, p. 5 194 Gas and water pipes must be protected i94 (s) Gaskets must be used I94 (t>) Grade of pipe - I94 (d) Horizontal four inch cast iron pipes to have fittings and brass screws §6, p. 5 I94 House drain connections §25. p. 5 I94 House connection branch must be under personal super- vision of Superintendent of Sewers §29,, p. 5 194 How connections are to be made I94 (0) How earthenware hoppers and washout closets are to be fastened §I3. P- 5 I94 How iron hopperfe are to be fastened' bn brick or cement floors §13, P; 5 194 How plans and regulations with reference to plumbing work are to be made §1. P- 5 I94 If five or more fixtures are attached, waste pipe must be two inches in diameter §11, P- 5 I94 If water pipe is laid in sewer trench it must be to one side, etc I94 (d) 450 INDEX. Ord. Acts Sec. Page Interference with sewers, manholes, flush tanks, unlaw- ful 194 404 Inside of all pipes to be perfectly clean before being connected §9, p. 5 194 In passing through cellar or basement, pipe must be at- tached to the walls §12, p.5 194 Inspector of Plumbing 191 Joints in lead pipe must be made with solder and wiped §9. P- 5 194 Joints in cast iron pipes how to be made §9, p. 5 194 Joints in clay pipes how to be made §9, p. 5 194 Kitchen sinks to have traps §16, p. 5 194 Material to be inspected and approved before being used 194 ii) Making connection with any storm or sub-water drain or with any stream or water-course within the City unlaw- ful 194 No pipe to be laid within five feet of sewer without per- mission 194 (f) No material must be used, before inspected and approved 194 (0 No pipe less than 1^4 inch inside diameter to be used -■ - §10, p. 5 ^94 Notice must be left at office Sunerintendent twenty-four hours before laying any drain 194 (0 No trap ventilating pipe shall be used as a waste or soil pipe - §26, p. 5 194 No waste pipe shall be tapped into the soil pipe §7, p. 5 194 No water-closet shall be used which has unventilated space of more than one hundred cubic inches between two seals §14, p. S I94 No work must be covered before inspected and approved 194 (0 No work to be done unless by a licensed, skilled and bonded mechanic 195 Only one fixture on a T14 inch waste pipe §11, p. 5 ^94 Other cast iron or waste pipe than horizontal 4 inch pipe to have Y branches §6, p. 5 194 Overflow pipe must be connected on inlet side of trap ;§27, P- 5 194 Penalty for refusal or neglect to make connections 193 Permits to make connections issued only when plumbing work and material are in accordance with rules and reg- ulations of Article S of this Section 194 0") Pipes for water closets, kind of §5- P- 5 ^94 Pipes connected with sewer, if within four feet of build- ing or 10 feet of a wall or cistern shall be standard weight cast iron pipe, with well caulked leaded joints §12, p. 5 194 Plumbing work, regulations for n. =; I94 Plumbing work, plans and descriptions must be fur- nished §1, p. "^ 194 Regulations as to Pan, Defiance and other closets.. ..514, p. ^ 194 Retiulations as to S. and P. traps §1=^. p. .=i I94 Regulation of .slop sinks in yards §t6, p. 5 194 Regulations as to catch basins or sand traps §t6, p. ? 194 Regtibtions as to ventilation pipes on outside walls and buildings §18, p. 5 194 INDEX. ^^-^ Ori). Acts Sec. Page Regulations as to ventilation pipes on inside buildings ; ; §19, P- 5 194 Regulations as to stone pipes, ,Y branches, etc §7, p. 5 194 Sanitary "tees" to be used on vertical pipes §7, p. 5 194 Settling of earth to be repaired at expense of person for whom drain has been laid 194 (h) Size of pipe to be used I94 (c) Slop sinks in yards, regulations as to §16, p. 5 194 Special permit for each case 195 Steam or hot water must pass first into a condenser§23, p. 5 194 Superintendent of Sewers, office of 191 Supervising Engineer 191 There must not be more than 10 inches from water seal to floor §13. P- 5 194 To cause connections to be made by other than a licensed mechanic unlawful 194 To make connections without written permission unlawful 194 Trenches in street must be sheeted and braced 194 (g) Uncovering public sewer, making connection therewith without permission, unlawful 194 Unlawful to empty into sewer anything except urine, faeces and closet paper p. 6 194 Unlawful for house drain to be connected with any privy, cess-pool, etc p. 6 194 Ventilating pipes for water closets §5, p. 5 194 Ventilation of traps, rules for §21, p. 5 194 Waste pipes of less than two inch diameter, to be of lead - ■ - §10, p. 5 194 Waste and vent pipes, two inches or more inside diameter to be of cast iron §10, p. 5 194 Waste pipe from refrigerator or other food receptacle not to be connected with a drain, soil or waste pipe, but must empty into an open sink §to. p. 5 194 Waste pines from other than water closets may be dis- charged into open trapped yard sink §11. p. 5 ^94 Waste pipes over seven feet long, must have ventilation pipe carried six inches above eaves of roof §11, p. ^ 194 Waste pipes to be trapped §20, p. 5 194 Water-closets to be so located as to have not less than 15 feet drain connection to sewer, and not less than S feet inside nroperty line - §24, p. t 194 Water closets and separate fixtures must be trapped. how §13. P- 5 194 Where bottom of ditch is unsafe, grade must be made se- cure b\- concrete, plankinp^ or other means 194 (d) SEWERAGE — (See Separate Sanitary Sewerage System.) SEXTONS— Hearse keepers to deliver certificates to 331 To be licensed bv Board of Health 332 SHEEP— Commissioners of Market to establish market for sale of 519 SHKRTFE— Bond of 31 Deputies 27 452 INDEX. Ord . Acts Sec. Page Election of 27-36 Every month to lay an attested statement before Council.. 28 Every month to pay over same to Treasurer, penalty for faihu'e to do so 28 Oath of office 27 Penalty for failure to furnish to Treasurer abstract of returns 29-30 Penalty for failure to leave copy of books after expiration of office 33 Salary 35 To furnish to Treasurer abstract of returns 29 To keep books of account 28 To make proclamations 27 To make returns to Treasurer in June and December 29 To leave copy of books after expiration of office 33 To provide box and make jury lists 15 To sell delinquent lands 96-97 To sue and distrain for non-payment of taxes 102 SIDEWALKS— (See Pavements.) SIGNAL SERVICE— Interference with police alarm made a felony 394 SINKING FUND— Commissioners of 125 Duties of Commissioners 125 Mayor to execute titles 128 Property pledged for the payment of bonds 126 Sales by Commissioners 127 SIGN BOARDS— Persons engaged in business to post up 432 SLINGSHOTS, SPRING GUNS, ETC. Penalty for 696 Unlawful to shoot within the City 696 SMOKING— In street cars prohibited 719 On Battery prohibited 814 On wharves prohibited 165 SOAP BOILERS— To carry on the trade only in brick or stone building 701 SPARK ARRESTERS— (See Cotton) 737 STEAM ENGINES— Council to appoint a committee to examine condition of -■ - 734-736 Committee on steam engines to order spark arresters placed 737 No other fuel than steam coal to be used 733 Not to apply to engines on rivers 733 Penalty for erecting contrary to provisions of the Ordi- nance 734 Plans and specifications to be submitted to Council 732 To be erected in brick or stone buildings 731 Unlawful to blow whistle in the City 724 INDEX. 453 Ord . Acts Sec. Page STEEL YARDS— Not to be used in the markets 497 Penalty for selling bv 497 STEPS— Not to advance into any street 141 STILLS— No more than six allowed in any distillery 700 Unlawful to keep anv exceeding ten gallons 699 STOCKS AND BONDS— Exchange of scratched, authorized 401 Issue of four per cent, bonds to take up stock 400 Trustees may exchange 401 STOVES— (See Chimneys.) oTREET CRIES— Clamorous crying of wares unlawful 739 Not lawful before 6 A. \l. or after 9 P. ]\I 742 STREET DEPARTMENT— Approval and payment of bills for hands and carts 131 Approval and paj'ment of bills for materials and ex- penditures 132 Employment of laborers and carts 131 Pay of street hands and carts 131 Regulations for the government of 135 Removal of garbage 138 Repairs and improvements 137 STREETS— All dirt and rubbish thrown in. the property of the City.. 139 Commissioners, with reference to opening or widening streets, to be appointed, when 397 Committee on, and the Mayor, to establish regulations 135-142 Condemnation of land for streets 397 Crossings of, not to be obstructed 635 Encroachments on streets, to be removed 144 Filth' found on, to be deemed to have been placed' there from the nearest lot 308 Fire-wood, coals, goods, etc., not to remain on street longer than 4 hours 143 Level of street to be fixed by City Surveyor 789 License required of persons opening streets to lay pipes, etc 150 Must be at least 60 feet wnde, and if its direction is East and West, must run from river to river 149 Names changed 825 Nature of proceedings to be adopted in case owners refuse to sell their lots fronting on streets proposed to be widened, or demand an unreasonable price 397-400 No building, fence or other structure to be erected until the line of street is laid off 791-792 No fixtures or other annexation (sign boards, cloth awn- ings and balconies excepted), to project into the street 141 No new street to be opened without consent of Council.... 149 No stand for sale of goods allowed in the streets 441 454 INDEX. Ord. Acts Sec. Page No steps to be advanced into 141 Not to be opened nntil the design shall have been sub- mitted and approved by Council 395 Numbering 826 Opening and widening of, Commissioners to be ap- pointed, when 397 Paper not to be placed with garbage 347 Pay of laborers and carts employed on 131 Penalty for opening without permission 396 Pipes not to be laid without permission of Supt. of Streets ■ '50 Pcijice to arrest any person digging up streets or sidewalks 150 Proceedings in case owner refuse to sell property to open or widen 397 Proceedings in cases where infants, lunatics, guardians, ad litem, and non-residents are interested 397 Proceedings to be recorded 397 Proceedings where owner refuse to appoint commission.... 397 Regulations for the removal of garbage 140-346 Regulations in regard to awnings, sign boards, balconies, etc .....438-440 Regulations to be observed by builders, when building or repairing I43 Repairs and improvements to be investigated by the Mayor and Committee on 137 Surface of streets not to be dug up between ist June and 1st October 310 The level of the street to be ascertained before cutting down the surface of any lot - 789 Unlawful to cut or carry away any post put on edge of pavement 436 Unlawful to draw off oil from cask on pavement 433 Unlawful to follow bands or parades 75^ Unlawful to open any street or side-walk without permis- _sion 150-434 Unlawful to roll any barrels, wheel-barrows, etc., on foot pavements 435 Unlawful to stand on streets so as to obstruct same 437 Unlawful to throw any glass, etc., in streets 145 Where street sweepings are to be deposited 138 (Sec Cellar Doors, Lamps and Lamp Posts. Trees, etc.) STREET RAILWAYS— Amendment of rules ._ 723 Bridges, drains, etc., which tracks cross to be kept in repair 711 Cars not to stop so as to obstruct intersecting streets 720 Cars to have number painted on side, etc., 717 Duty of conductors and motormen of cars 722 Hours when cars shall run 712 Idle for twelve months, may be sold by the City 718 No privileges to be construed so as to interfere with the operations of the Fire Department 721 INDEX. 455 Ord. Acts. Sec. Page Petitions for construction of 7^0 Rates of fare to be charged 7^3 Refusing or neglecting to run cars for three months, may be rented by the City 7i8 Regulations for the building of 7ii Regulations regarding lines north of Line Street 714 Smoking in cars of, prohibited 7^9 The track between the rails to be paved or shelled 711 Transfer tickets to be given 713 Vehicles not to obstruct the track of 716 SUBWAYS AND UNDERGROUND WIRES— Bond to be given - 248, 252 Conduits not to be laid without permission of Mayor.... 245 Company furnishing city duct to be exempt from certain taxes ; 249 Distributing poles allowed 251 Duct to be furnished city ., 249 Liable for damage to gas and water mains 248 License "for Company going underground before July i 1907 ■ - -; 258 Location of wires to be designated- 250 Maj'or ma\- extend time 245 Permit to be granted by Mayor and committee on streets 247 Penalt}' 247 Plans and specifications to be filed with Mayor 246 Streets not to be kept open more than i.ooo feet or more than ten days 245 , Telephone and Telegraph Companies to maintain wires in subways in certain streets 253 Time 254 Trench not to be wider than five leet 245 Underground streets 257 SUNDAY— Bread may be sold from bakeries up to 10 A. M 757 Horses, etc., not to be ridden or driven faster than a walk when passing churches, on 760 Ice cream, tobacco and cigars and fruit may be sold on after 12 M 757 No goods, except drugs, milk and ice to be sold on 757 No sports, public exhibitions, etc., allowed on 758 No work or business to be done on 756 Penalty for disturbing religious congregations 759 Police to be stationed before churches 761-762 Unlawful to keep open bar rooms on 763 Unlawful to sell in the Market on 486 SUPERINTENDENT OF FIRE ALARM— Accident to Fire Alarm to be reported to 464 Keys to alarm boxes to be under control of 467 Not to leave the city without permission 456 SUPERINTENDENT OF SEWERS— Duties 186 456 INDEX. Ord. Acts Sec. Page Election of i86 May be removed for incompetency, neglect of duty, etc i86 No sewer, man hole or flush tank to be uncovered or con- nected with, except under supervision of p. i and 3 — 194 Plans and specilkations to be filed with, before plumbing work is commenced P- 5.- ^i — ^94 Salary 186 Term of office 186 To approve connections and preserve size of pipes 194 (c) To approve grades I94 (d) To approve work and material before same is covered up 194 (i) To be notified twenty-four hours before any drain is laid 194 (i) To be notified when plumbing is ready for inspection, p. 5, §2 — 194 To enforce compliance with the law 196 To give certificate of inspection and approval p. 5, §2 — 194 To prevent private drains discharging into sewers §6 — 194 To personally supervise all house connections with sew- ers p. 5, §29—194 SUPERINTENDENT OF STREETS— Bond of 129 Duty of 130 Election of 129 Employment of laborers and carts 129 Not to be engaged in any contract with the City 134 Penalty for opposing or molesting Superintendent of Streets 136 Penalty for refusal or neglect to perform his duty 136 Salary of 129 To keep a complaint book for citizens and for reports of Police respecting drains, streets, etc 131 To keep a daily record of all carts, etc., and of material used 131 To keep a journal of all work going on 131 To make monthly report to Council and amounts ex- pended 133 To obey all orders issued by the Mayor or Committee on Streets 136 To remove all garbage and keep streets clean 138 SUPERVISOR OF REGIS'! RATION— Books of registration to be turned over to, by Commission- ers 357 Books to be returned to within three days after election.... 359 To furnish Managers of Election with one of the registra- tion books for each precinct at each election 359 TALLOW CHANDLERS— To carry on the trade only in brick or stone building 701 TAR— Landing and storage of '. 693 TAX RETURNS— (See Returns) INDEX. 457 Ord . Acts TAXES— Sec. Pace A paramount lien on property for two years 104 361 Appeals in re. to be heard by Committee on Ways and Means 99 Assessed on bank stock to be a lien 75 Auctioneers to pay tax on sales of goods 106 Causes for non-collection of 94 City Council authorized to adopt State legislation for col- lection of 363 Collection of taxes .■ 95 361-363 Council to fix time of payment of 95 Executors, trustees, etc., personally liable for 108 Insurance agents personally responsible for 66 License taxes on business • 362 On the income of non-residents 361 Penaltj' for non-payment of 91 Real and personal property to be sold for unpaid 363 Sale of property for 96-103 363 To be a lien on property 103 To be held as a debt due the City 103 To be levied at a uniform and equal rate 50 TAXATION— Certain manufactureres exempted no Forms of returns of. to be prescribed by the Assessor.... 82 Of banks and bank stocks 7^-79 Of bankers 80 Of companies and corporations 70 Of insurance companies 66-69 Of manufacturers 58 Of merchants 57 Of telegraph, express and railroad companies 59-64 Personar property subject to 53 Property exempt from 52 Property to be valued for, according to its selling price.. 84 Valuation of personal property for 85 What property to be returned for S5-S6 TELEGRAPH COAIPANIES— Returns of 59 TELEPHONE POLICE— Interference with made a felony 394 TENEMENTS— Not to be erected without consent of Council 374 TIDAL DRAIN KEEPER— Each "man hole" and "sand pit" to be designated by numbers in a record book 176 Election of 168 Employment of labor by, subject to approval of the Mayor 177 How "flushing" is to be done 171 Responsible for faithful performance of duty 178 Salary, and when and how same shall be paid 178-179 To be removed for neglect of duty 179 To examine main and lateral drains 175 To flush drains daily '. 170 458 ^^^'^^^ Ord. Acts Sec. Page To keep a record book 169 To keep drains clear of all obstructions i75 To keep drains open at night - 172 To keep gates of drains open during heavy falls of rain.... 173 To make daily examinations of sand pits and clean same when necessary - ■ I7! To note in the record book the condition of pits and make written reports to the Mayor weekly I74 To supervise all connections of private with tidal drains.. 175 TIDAL DRAmS— (See Tidal Drain Keeper.) TIMBER— (See Inspectors and Measurers of Timber and Lumber.) TOY PISTOLS— Sale of prohibited 697 TRANSIENT AUCTIONEERS— To pay tax on goods sold 105 TRAP DOORS— Must be closed every evening — - 585 Penaltv for failure to close 585 TREASURER— All fines and forfeitures to be lodged with, for use of City 333 Bond of - 38 City Council authorized to appoint a 33^ Clerks to 4° Election of - 37 Old books to be destroyed ii-i Salary of 39 Shall have custody of seal of City 2 To add penalty for non-payment of taxes 91 To be one of the Commissioners of the Sinking Fund.— 125 To collect taxes 95 To deposit moneys in such banks as Council direct 4.1 To issue executions to Sheriff, for sales for taxes 96 •To keep seal of the City 2 To make payment by checks 42 To publish rate of tax levy and time of payment 100 To report to Council whether Sheriff has made returns to him 30 What causes shall be assigned by Treasurer for not collect- ing taxes 94 TREES— Appropriation for 158 Commissioners for planting and protecting trees 158 No trees to be planted unless with approval of said Com- missioners 159 Penalty for destroying or injuring trees 160 TREES, COMMISSIONERS FOR PLANTING, &c.— Not to be trimmed by telegraph, &c., companies, except with permission of (Commissioners 221 TRUSTEES— Personally liable for taxes 108 To list property for ta.xation 53 INDEX. 459 Ord. Acts TURPENTINE— Sec. Page Landing and storage of 693 UNDERGROUND WIRES— (SEE Subways.) UNSAFE BUILDINGS— Proceedings in relation to 375-379 VACANCIES— In Board of Aldermen, how filled - 350 In Boards of Commissioners, how filled 767 In city officers, how filled 765-768 In office of Mayor, how filled 35° In offices of public institutions, how filled 769-770 VACANT LANDS COVERED BY WATER— Title to vested in City Council 333 VACANT LOTS— To be fenced 151 VACCINATION— Board of Control or trustees may require, of teachers or scholars in case of smallpox 3^4 VEHICLES— (See Carts and Dravs.) Without horses to be removed from streets 638 VESSEL— Not to be secured to railing at White Point Garden 810 On fire -^ 462 VOTING PRECINCTS— Enumerated and defined and polling places designated.— 351 WAGONS— (See Carts and Drays.) WALLS— (See Buildings.) Council to regulate size and construction of 367 Of brick and stone buildings, regulations respecting 580 Of tenement buildings, size of 579 WARDENS— (See Aldermen.) WARDS— Division of the City of Charleston into twelve 347 Each to be represented in City Council by two Aldermen 348 Numbered and boundaries defined 347 One Alderman for each, to be elected by voters in Ward.... 348 Twelve Aldermen, one representing each Ward, to be elected on general ticket 348 WASHINGTON SQUARE— Location of 819 WATER LOTS— Owners compelled to fill or drain same : 389 WATER-WORKS— Duty of police 203 Unlawful to hitch horses or other animals to hydrants.... 199 Unlawful to interfere with fire hydrants 198 Unlawful to obstruct fire plugs 200 Unlawful to open any fire plug 197 Unlawful to remove or injure fire plugs 201 Penalty 202 [ 460 INDEX. Ord . Acts WEEDS— Sec. Page In grounds of public buildings, church yards ,etc., to be removed once a fortnight Z2)7 WEIGHTS AND MEASURES— Commissioners of the Market to make rules for govern- ment of Clerk of Weights and Measures 50T Clerk of, elected by Commissioners of Market 501-522 Clerk of, office to be opened every day 523 Clerk of, salary and how paj'able - S22 Clerk of, to furnish certificates of weight, and to collect fees for same 524 Clerk of, to make an entry of all stock sold, weight, etc. 520 Contents of a pound, ounce, etc 527 Dry measure, contents of a bushel, peck, quart, pint etc 527 Dry measures to be of standard capacity and stamped.... 535 Every retail dealer to keep a complete set of 54S False scales beams, etc., to be seized and forfeited 541 Fees for adjusting, etc., scales, balances, measures, etc. shall be fixed by Commissioners of Market 532 Grain to be sold by dry measure 529 Liquid measures to be of standard capacity and stamped 534 Liquids to be sold by wine measure 529 Penalty for using or being in possession of false weights or scales 541 Quarter peck to be used as a dry measure 530 Standard measures of extension to consist of, which 526 Standard measures of extension, weight or capacity, to be made of brass or copper 531 The cubic inch to be the standard for adjustment of measures of capacity 528 To be carried to Clerks office to be inspected 546 Troy weight used by banking institutions, the proper standard for adjusting avoirdupois weights 527 Weighers on public wharf to take an oath 540 Weights and measures not capable of adjustment, to be forfeited 539 Weignts and measures capable of, to be adjusted 539 Weights and measures deficient, to be seized 538 Weights and measures to be inspected and examined every three months 533 Weights for commercial purposes, except for weighing gold or silver, to be by avoirdupois standard 529 Weights, scales, balances, measures, etc., to be under con- trol of Commissioners of Market 532 Weights to be adjusted by the troy weight 527 Weights to be stamped or certified to 537 Weights used for commercial purposes to be of iron, brass or composition 531 Wine measure, contents of a gallon, quart, etc 528 Yard measures to be stamped on both ends 531 Yard sticks to be of standard length and stamped 536 INDEX. 4gj^ Ord . Acts WELLS AND PUMPS— (Public.) Sec. Page Board of Fire-Masters to have charge of City wells and pumps 206 Casks not to be filled without using a funnel 205 Penalty for injury to 204 Regulations for sinking public wells and erecting public pumps 204 Unlawful to wash horses, carriages, clothes etc., at public pump 204 WHARVES— Smoking on prohibited 165 South end of Council Street a public landing 166 Unlawful to fill up with any offensive matter 162 Unlawful to throw any offensive matter upon 161 Unlawful to throw fruit or vegetables in docks 163 WHITE POINT GARDEN— Fish or other articles of sale not to be sold on 808 Fishing boats not to be made fast to the Battery, at 808 Fishing nets not to be hung upon the railings 808 Indecent and disorderly conduct on, punished 809 No vessel to be secured or moored to the railings 810 Not to be used for celebrations 813 Smoking on, except at certain hours, prohibited 814 LInlawful to land any boards, lumber, etc., at 810 Unlawful to lead or drive any cows or hogs in _— 812 LInlawful to ride lead or drive horses or mules in 811 WILLIAM ENSTON HOME— Board of Trustees 387 Board to appoint officers, fix their compensation and re- move them at pleasure - 390 Cottages to be built of brick in rows 395 History of 386 Improvement of grounds 392 Income only to be expended 396 Investments and property invested in Trustees 393 Location and name of Home fixed 391 No person under 45 ; no lunatic to be admitted 389 One hundred feet square to be reserved for erection of a perpetual memorial to Wm. Enston 392 Power to change investments 394 Six appointments shall always remain in family of Wm. Enston 389 To make rules 387 Trustees to report annually to Council 397 Vacancies in Board to be filled by remaining Trustees 388 Who to be admftted to Home 389 WINE MEASURE— Contents of 528 Unlawful to use any, not of the standard capacity and stamped 534 Wines, spirituous liquors and all liquids to be sold by.... 529 31 462 ^^^^-^- Ord . Acts WIRES, POLES, ETC.— Sec. Face Felony to injure, of Fire Alarm, Police Signal, Telephone or of any other Municipal corporation 4^7 (Sec also Electric Wires and Poles.) WOOD— Contents of a cord of 553 Crooked, to be corded separately 554 Fees for measurement of 557 If refuse or billet wood is mixed with merchantable, the whole to be forfeited 554 No factor or seller of, to be measurer 556 Penalty for refusal to measure wood 555 To be inspected 553 To be measured and corded 553 WOODEN BUILDINGS— After 1862, no roof to be repaired with combustible mate- rial under penalty -...-— 369 City Council may permit the erection of in certain limits 374 Declared to be nuisances and to be abated 367 Description of the localities in which the erection of is prohibited -- - 37^-373 Erected since 1838, may be removed by City Council 369 May be erected in certain localities for a certain period.... 369 Not to be constructed 366 Not to be raised on brick foundations, unless the roof be covered with incombustible material 369 Restrictions as to the erection of, removed except as to certain localities 370 Roofs to be covered with slate, tin and other incombustible material 368 WRAGG MALL— Defined 824 YARD MEASURE— Declared to be the standard measure of extension 526 Every person selling goods by, to keep at least one yard stick of the standard length 536 Found to be deficient, to be destroyed 536 None to be used, unless of standard length and stamped — . 536 To be stamped at both ends 531 ; UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, >ncreasmg to $1.00 per volume after the sixth day. _ Books not in demand may be renewed if application is made before expiration of loan period. 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