South Carolina - Acts on Education Topics

An Act for the Better Regulating the Streets and Markets of the Town of Columbia; and for Other Purposes Therein Mentioned

December 21, 1798

The Statutes at Large of South Carolina - Volume V, Pages 332-334

WHEREAS, the commissioners of the streets and markets of the town of Columbia have, by their petition to the Legislature of this State, set forth, that the powers invested in them by the Act of Assembly, passed in December, in the year of our Lord one thousand seven hundred and ninety-seven, appointing them to their office, are not sufficiently extensive and complete, and not fully calculated for the well governing and regulating the streets and markets of the said town; and whereas, the said commissioners have, in their said petition, prayed for the repeal of the said law:

I. Be it therefore enacted, by the honorable lthe Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That on the first Monday in April next, and on the first Monday in April in every year thereafter, an election, by ballot, for seven commissioners of the streets and markets, shall be held at some convenient and public place in Columbia; and that all free white inhabitants of the said town, who shall have paid a tax of one dollar the preceding year, towards the support of government in this State, shall be entitled to vote for the said commissioners; and that Simon Taylor, Swanson Lunsford and Samuel Green, shall be, and they are hereby appointed, managers for the first election, and are hereby directed to conduct and manage the said election, and proclaim the same, and give notice, in writing, to the persons elected, of their appointment.

II. Be it further enacted, That the commissioners so elected as before directed shall, at their first meeting, appoint a chairman from among their body and shall, each of them, before entering on the duties of their office, take the following oath: "As commissioner of the streets and markets of the town of Columbia, I will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavors to carry into effect the purposes for which I have been appointed: So help me God." And the said commissioners, or any three of them, shall have power to appoint managers for each succeeding election of commissioners of the town of Columbia. And in case of the death, resignation, or removal out of town, of any commissioner, the said commisioners shall have power, and they are hereby directed, to appoint a day for, and managers to conduct, the election for another commissioner to fill such vacancy occasioned as aforesaid. And it shall be the duty of such managers to give ten days notice, at least, previous to such election.

III. Whereas, the judges of Richland County have heretofore directed and ordered that the persons liable to work on the roads, living within the bounds of Columbia, should work on the streets of the said town, and excused them from working elsewhere: Be it therefore enacted, That the commissioners of the streets and markets of the said town shall be, and they are hereby, vested with all the powers, within the limits of the said town, that are by law vested in commissioners of the roads where county courts are not established; and the inhabitants of the said town shall be, and they are hereby, excused from working on the public roads without the limits of the said town: That the said commissioners shall have power to fine and expel all keepers of gaming tables, within the said town, from the bounds thereof ; and to grant tavern licenses, and licenses for retailing spirituous liquors, within the limits of the said town, and to receive the fees for the same.

IV. And be it further enacted, That the said commissioners shall have power to make, establish, and pass all such rules and regulations, within the said town, as they may deem proper and requisite for the promotion of the quiet and safety of the inhabitants of the said town, and for the regulation of the streets and markets; provided such rules and regulations be not repugnant to the existing laws of the State or of the United States; and shall have power to impose, recover and collect, in a summary way, before any two or more of the said commissioners, such fine or fines, on and from any person or persons who may infringe the by-laws, rules and regulations, passed and enacted by the said commissioners. Provided, that no fine or penalty for one and the same offence, shall exceed ten
dollars.

V. Be it further enacted, That the said commissioners shall have power, and are hereby directed and required, to appoint a clerk of the market of the said town of Columbia, who shall (in addition to any duties which by the rules and regulations of the said commissioners may be imposed on him) record the marks and brands of all cattle which may be butchered and brought to the market in Columbia; and shall have such fees and perquisites, and such salary, as the commissioners shall deem reasonable and sufficient.

VI. Be it further enacted. That the said commissioners shall be, and they are hereby, vested with the right to sell any timber and timber trees, or other trees, growing or lying on the unsold lots and squares of land, and on the streets of the said town of Columbia, and to restrain all persons from cutting and using the same, except under a written order from them, or from such officer as they may appoint to take the charge and care of the same; and such persons as shall transgress the rules and regulations which the said commissioners shall establish for the preserving and securing of the said timber, shall be subject to such fines or penalties as the said commissioners may impose; provided, the said fine or fines do not, for one and the same offence, exceed ten dollars. Provided nevertheless, that the door-keeper, or keeper of the State-house, or such other person who shall undertake to supply fire-wood for the Senate and House of Representatives, shall not be liable to the above restriction.

VII. Be it further enacted, That the funds arising from the tax on the inhabitants, in lieu of the working on the public road, and fines on persons keeping naming houses and gaming tables, for tavern licenses and licenses for retailing of spirituous liquors, from the rent of stalls in the market, and for recording, by the clerk of the market, the marks and brands of cattle butchered and sold in the said market, and from the sale of the wood and timber in the said town, and from fines and forfeitures, shall be applied in keeping in repair the said market, and in opening and keeping in good order such streets of the town of Columbia as they shall judge for the convenience and utility of the inhabitants of the said town, and for the payment of the salary of the clerk of the market, and such other officer as they may appoint to carry into effect this Act; and the surplusage, if any, shall be accounted for by the said commissioners, yearly, and paid over to the trustees of the Columbia Academy, to he applied hy them in such manner as they may deem beneficial for the interest of said Academy.

VIII. Be it farther enacted, That so much of the Act, passed in December, one thousand seven hundred and ninety-seven, which relates to the appointing and empowering the commissioners of the streets and markets
of the town of Columbia, shall be, and the same is hereby, repealed.

IX. And whereas, the inhabitants of the town of Cohimbia have experienced great inconveniences from the want of a public burial ground: Be it further enacted by the authority aforesaid, That the commissioners of Columbia shall, immediately after the passing of this Act, lay out a piece of ground, which shall not exceed a square of four acres, and which said lot shall be vested in the commissioners of the streets, as trustees in behalf of the inhabitants; who are hereby authorized, when their funds are competent thereunto, to erect a building thereon, for the purpose of public worship, and that the residue of the said lot shall be fiee for all the inhabitants to bury their dead therein, as also for the burial of all strangers who may die in the said town.

X. B it further enacted, That this law shall be taken and deemed as a public Act in all courts in this State, and given in evidence as such, without special pleading.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-third year of the Independence of the United States of America.

JOHN WARD, President of the. Senate.
WM. JOHNSON, Jr., Speaker of the House of Representatives.



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