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p'." lilCT?nan.!? * PPWPIWi m i i n i m mmmI n i i i. i .* j n i *? ?? * ., ' , .___* . BY W. A. LEE AND HUGH WILSON. ABBEVILLE, S. C., FRIDAY. MARCH 31, lS7i. J VOLUME XYIII?NO. 49. ^ ^ ^ limn ^ ihb??B^ro-M??^ LAWS or THE STATE. Acts and Joint Resolutions Passed by the Legislature Session 1870 and 1S71. [official.] AX ACT to Grout, Renew and Amend the Charter of Certain Town* and Villa yes therein mentioned. Section 1. Beit enacted by the Senate and House of Representatives, of the State of South Carolina, now met and sitting in (.ieneral Assembly and by the authority oi the same: VILLAGE OF ST. STEPHENS. TlinJ- frnm nn<1 nffr>r tlio imcKintn* of f!ii? Act, all citizens of tliis State, having resided twelve months within the State, and sixty days in the village of St. Stephens, shall be deemed, and are :herebv declared to be, a body politic und corporate; and the said village shall be called and known by the name of St. Stephens, and its corporate limits shall extend three-fourths of a mile in each direction from the Depot of the Northeastern Railroad. Sec. 2. That the said village shall be governed by an Intendant and four Warden?, who shall be citizens of the United States, and who shall have resided in this State twelve months, and snail have been residents of the said village sixty days immediately preceding their election, and who shall be elected on the fourth Monday in March, 1871, and 011 the same day in each year thereafter, ten days' public notice thereof being previously given j and that ali male inhabitants of the age of twentyone years, ci.icons of the Stale, and who shall have resided within the State twelve months, and in the said village sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens, pauper-s and persons under disabilities iter crime excepted. Sec. 3. The said election shall be held at some convenient public p'ace in said village, from eight o'clock in the morning until four o'clock in the afternoon ; J and when the polls shall be closed, the i Managers shall forthwith count the j votes and declare tiie election, and give J notiee thereof, in wring, to the In ten-; <dant therein being, who shall, within i two days thereafter, srive notice, or cause i -ii.- i..i.. i X 11*5 SUII1C III IIL' (JIVl'll, l?l I lie |?CI BWHH Ulli^V elected: Provided, The Commissioners ' of Election of Charleston County shall i erdl the first election under this Act I and shall appoint Managers to conduct j the same, who shall make return thereof; to the Commissioners, the same as the j other elections held in this State. And the said Commissioners shall count the votes and declare the election, and no-1 tifv the persons so elected Intendant and Wardens of said village. The In- ; teudant and Wardens, before entering! . upon the duties of their office, shall, re-! spectivel.v, take the oath prescribed by; the Constitution of the State, and also j the following oath, to wit: "As In ton- , dant for Warden) of the village of S'. Stephen's. I will, equally and impartially, to the best of my ability, exercise \ the trust reposed in liie. and will use jnv best endeavors to preserve (he p^ace : and carry into effect, according to law, the purposes for which 1 have been elected: So hep me God." And if any person, upon being elected Intendant or "W'.inlon s-linll r.->fn?> to stnf, .'is Mich. he shall forfietar.d pay to tin* ('<->?it^i 1 the sum of twenty dollars for tb$r?nse of the said village : Provided^ Thar fio person who Ins attained (lie aw of sixty years shall be compelled to serve in either of said offices; nor shall any other person he compelled to serve, eith- . er as Intendant or Warden, more than one year in any t?rm of three years, j The Intendant and Wardens, for the i time being' shall always appoint one or more Boards of Managers (three Managers for each Board; to conduct the' election, who, before they open the polls, shall take an oafh fairly and im-! partially to conduct the same. Rec. 4. That in ease a vacancy shall oceur in the oflice of Tntendant. or any j of the Wardens., by death, resignation.-' removal, or otherwise, ail election to fill pnch vacancy, shall be held by order of. the Intendant and Wardens, or a majority of the same, ten days'public notice 'being previously given: and in case oft sickness or temporary absence of the In- j tendant,' the Wardens forming the Council shall be empowered to elect one J of the number to act as Intendant during ; the time. See. 5. That the Intendant and Wi dens duly elccted and qualified shall,! during their term of service, severally! and respectively, be vested with all the ! powers of Trial Justices or Justices of i as t'ie case may be, in this State, within the limits of the said village f?r *',e ,r'a' ?f small and ; mean cases,' and t'Je Intendant shall or j may. as often as necessary, summon j the Wardens to itfeet in Council, any j three of whom, with the Intendant, shall I constitute a quorum to transact business, I and they shall b? known as the Town ; C'ouucifof St. Stephens. And they and : their successor in office, hereafter to be { elected, may have a common seal, which j *hall be affixed to all of their ordinance*; ; may sue and be sued, plead and be j impleaded in any Court of Justice in j this State, and purchase, hold, possess, j and enjoy to them, in perpetuity, or for j any term of years, any estate, real, personal or mixed, and sell, alien, or con-! vey the same: Provided, The same shall not exceed at any one time, the sum of ten thousand dollars. And the I said Town Council shall have authority j to appoint from time to time, as they ! may see tit, such, and so many, proper persons to act as Marshals or Constables j of said village, as said Council may deem ' necessaiy and expedient for the pren- j ervatlon of the peace, good order and j police thereof, which persons so ap- j pointed shall, within the corporate limits of said village, have the ]>o\ver and privileges, and be subject to all the obligations, penalties ana regulations provided by law for the office of Constable, and shall be liable to be removed j at the pleasure of said Council. And | the sai'i Town Council shall have power ; to establish or authorize the establishment of a market house in'said village;! also to authorize the establishment- of a guard house, and to prescribe suitable rules and regulations for keeping and : governing the same. And until' the j said guard house be established, th"y shall be authorized to uce a room in ! the common jail of the County of | . t 'linrleston. for the confinement of all who may l?e subject to be committed for & violation of any ordinance, rules and regulations of said town. And the said Town Council, or the said Intendant and Wardens in person, or any one or more of them, may authorize and require any Marshal of the town, or imv Constable especially appointed for h-f purpose, to arrest and commit to th said guard Jiouse or jail of Charleston county, as the <V.vse may be, for a term not exceeding twenty-four hours, any person or persons who, within the corporate ;li nits of the said town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, pub'lie drunkeunness, or any conduct grossly indecent, or dangerous to tin; citizens of said town, or any of them. And it Shall be the duty of the Town Marshal ,or Constables to arrest and commit all jjuch offender* when required so to do, and who shall have power to eall to their assistance the ponsr conih'a-itx, if need be, to aid in making such arrests, ! ami upon the failure of such officers to perform such duty as r'quired, they shall he suhjvet to such tines and p ni allies as the Town Council may impose i upon thein. ^ud all persons so imprisJ oned shall pay the cost and expenses I incident to their imprisonment, which said cost and expenses shall he collected r in the same manner as is provided for ; the collection of tines imposed for the violation of ordinances, rules and regulations: fy'ovidcrf, That such imprisonment shall not exempt the parly from the payment of any line the Council may impose for the offence which he, she or thev may have committed. And : j the said Town Council shall have full i power and. authority, under their cor! norate sen!, to make all such rules and regulations, by-laws ami ordinances reJ specting the streets, roai's and the busi; ness thereof, as well as the police system of the said town, as shall appear to them necessary and proper for clie security, i welfare and convenience, and for preserving health, order and good govorni ment within said town. And tlie said j Town Council may impose fines for j offences against their by-laws, rides an<l j regulations and ordinances, and appro! priate the same to the public use of said town ; and the said.Town Council j shall have the same power that Trial i Justices or Justices of the Peace now i have, or may hereafter have, t'> compel I the attendance of witnesses, end requiring them to give evidence upon the trial, before them of any person or persons I for a violation of any of their ordinances, | by-laws, rules or regulations, but no fine ; above the sum of twenty-five dollr.;-:; j shall oe collected by said Council, except ! by suit ill the protier Courts of Justice in this S'.ito. and rdso. tho.t nothimr ! herein eontriued shall authorize said ? ; Couneil to make any ordinance or by- ? . laws inconsistent with, or repugnant to, | the laws of the State. 1' I 8ko. G. That the said Intendant and ! ; Wardens, or a majority of them, shall 0 i have power to abate anil remove-all nui' sauces in said town ; and ic shall be their duty -to keep all roads, ways, bridges and streets within the corporate a limits of the said town open and in good ^ repair; and for that purpose they are | invented with ali the powers of Coinmis- J* i 'fjjoneraor Commissioners of Roads, for and within the cor|>oratc limits of the '' said town ; and they may lay out new * streets, close up, alter or widen those > " i i-.ii J.- e now in use, unci snail nave uin |Miwcr in classify and arrange the inhabitants or , citizens of said town liable to street, road or public duty therein, and to force J the performance of such duty under such penalties as are now or shall here- * after by law; and they shall have power *' to compound with ail persons liable to ! work the streets, ways and roads in said ' town, upon such terms as their ordi- r nances or by-laws may establish, or their ^ rules and regulations require; the mon- " e.vs so received to be applied to the pub- e: lie use of said town ; and ali person* refusing to labor, or failimr to pay such i 0 commutation,shall be liable to such fine, I v ,w.f ovnno/liiiii' fn'/mtv fnP !>I>V* i '1 l.MVVXM.S V.. V." | . one year, a-* the said Town Council may f! impose; and thev shall have the power 11 to enforce the payment of such fine in o! the same manner as is now or nny he s5 hereafter provided for the collection of i H Countv taxes. And the said Town ! lv: Council shnli have power, with (he con- j a! sent of tl.e adjacent land owners, to close all -aiieh roads, streets and ways j in within the said town as they iiinv dr-ru te neees a y: hy tho sale of the freehold si: therein, either at private or public sale, | v.-j a< they may adjudge best for '?<?interest I It ofthesa'd town: and they shall keep in j iii repair all such new streets, roads and \ di ways as they may, from time to time. I lii deem nee 'ssarv tor the improvement; j h: an<l convenience of said town: Pro- I si vidrrf, That no street, road, or way | h shall he opened without first having I obtained the consent of the land owner 1 ,j( or owners thereof, through whose prem- <; ises any such new street, road or way may pass. j, Six*. 7. Tlie said Town Council may. s! have power and authority to reipiire ail I NV persons owninga lot ?i lots in said town I t! to*close in, and to make and keep in j (fl (rood repair sidewalks in front of said | p: lot or lots, whenever the ?ame shall ;.i:i front or adjoin any public street of said j town, it. in the judgment of lue ( ouncii. such sidewalk shall be necessary, ilie u width thereof and the mannner of con-; 0 struction to be designated and regulated ;it by the said Town Council; and for de- st fault or refusal, after reasonable noticc, hi to make and keep in good repair such sidewalks, and to close such lot or lot*. the Town Council may cause the same to be made or put in repair, and require i-1 the owner to pay the price of making or ; " repairing; and the said Town C'ounei! j are hereby empowered to sue for and re- i li< cover the same, by action of deht, in any i V Court of competent juriitdictfon: Pro- it vhlal, That such contract for making or a| repairing is let to the lowest bidder. The til cemeteries and public graveyards are o< also placed under the jurisdiction of the di said Town Council. C?..~ Q nnl.r> Wn..,lnna o! Ol'.l'. ? lit xmciiuaiiv 4111vi iiiimivmo of the said fown, or a majority of them, | " shall have full power to grant or refuse j ^ license to keep taverns or retail spirit- j a! uous liquors within the cor ;>o rate limits j 1! of the haid town, upon such conditions j y and under such circumstances, as to " them sliall seem proper u'ld ritrht: Pro- j l<vUJed, That irs no instance shall thepric*? of a license to keep a tavern, or to retail j P spirituous liquors, less thau the j s{ amount that is established by the Sfate; j y and all moneys paid for tin<a. and for ' lines and forfietures, shall be appro-1 priated for the public use of the said j !fl town: Provided. That the Iistendant i M and Wardens, duly elected, shall not I !' have po?*er to grant any licence to keep | 11 tavern, or retail spirituous liquors to i lci extend beyond the term for which they | P have been elected. Ti;cy shall have Ir! power to regulate sales at auction within ;11 the corporate limits of the town, and to | s? grant license to auctioneers, itinerant i w traders, to keep hotels and livery;s' stable*; and to levy a tax on all drays, i ai / i-.i-tc! /.orfio.fiu; <mi 11 iltii?i-u ! V' buggies, horses, mures, or mules, kept j)' for hire, or used for public purposes in i * said town ; and tiny shall have the full i ai and only power to imposj a tax on all j ,r shows or exhibitions for train or reward, j ? within the corporate limits of said town; s' shall have power to impose a tax. not; exceeding twenty cents on every bun- b <lreu dollars oi me vuiuo 01 an rem mm ; personal property lying within the cor-11 porate limits of the town, the real ami . personal property of churches and col-j lege associations excepted. That an Or- J d.Mance declaring the rates of annual i taxation for the year, shall be published ; at least three weeks during the month of January in each year: Prorhlrri, That thesaht Town Council shall have power to levy a ra*" for this year, under the.same rule as is above stated, immedlaleiv a!'u*r i the passage of thrs Act, ami that all persons to taxation under tlie same shall make oath of their taxable property within said town, and make payment of their taxes to the Clerk or Treasurer of .said incorporation, or ; ' such other person as they may be order- j ed or required to do during the succeeding month alter publication, and upon ; the failure to make such return and payment, as required the parties mj in default sisttil he Mihj. -r to the penalties provided l?y law 'or failure to pay the general Rate ami Comity imx, to he enforced by the orders of the intendant and Wardens, or a majority of them, for (ho use of the paid town, except in such ca-^es that executions to enforce the payment of such taxes, shall he issued under (lie seal of the corporation, and may he directed to the Town Marsha!, o.' other person appointed by the said w.i Council to levy, collect and receive the same, with costs as in such cases I made and provided bylaw: and all property upon which such tax shall be j levied and assessed is hereby declared and made liable lor the payment thereof in preference to all other'debts, except debts due to the !Sta;e, which shall be first paid; and that all other taxes im-; posed by the Intendant and Wardens, j or a majority of them, shall be payable . in advance by the parties liabls for the j ?ime, and on failure of payment, their ! nronertv shall be liable for the same, as in maniier ami form just before stated, j Skc. 9. The Intendant and Wardens . fleet, together with Clerk and Trcasu- ; rer, shall, during their term of oiiici*, be exempt from street and police duty. ; Each Town Council shall, within one . nonfh after the expiration of their term ! >f otlice, make out and return to their i successors in otlice, s full account of. heir receipts and expenditures during : heir term ; which account shall be pub-1 ished in one or more papers of the j own or County; and shall pay over all , noneys in their possession belonging to j he corporation, and deliver up all i looks, records ond other papers incident ; o their office, to their successors; and. )i> failure to do so, they shall be liable ; o be lined in a sum not exceeding five j lundred dollars, to be collected by any j jroper action of the Town Council. Sec. 10. That all Ordinances or By- j Laws passed by the Town Council of i 3t. Stephen's shall be binding upon the ' 'itir.ens of said town the same as the' aws of the State. ! Sue. 11. All Acts and parts of Acts I nconsifteut, or supplied by this Act, be, ! ,nd the same are hereby, repealed. Sko. 32. This Act shall be deemed a; uiblie Act, and continue in force for the j erm of twenty years, and until the end j if" flio r.a<ri<i1nCiiPf> tl'iimnffpi* town of sumter. Sec. 14. That from and immediately ; fter the passage of this Act, all and ; very person or persons, w ho are consti- j utionally qualified to vote for members . f the State, and who may reside within ! he present corporate limits of the town f Sumter for sixty days immediately ?rcceeding an annual election for In- [ ei'.daut and Wardens, are hereby de-; la red members ?f the said corporation. j Sec. lo. That the said persons and heir successors shall, from and after the iiissage of this Act, become a body cor orate and politic, and shall bo known nd called by the name of the town of iu:nter: they shall have a common seal, jay sue ami be sued, implead and be ' n pleaded in any Court in this Stale, ; ml may purchase, hold, possess and en>y to them and their successors, in peretnity, or for any term of years, any state,* real, personal or mixed. j i S;yj. 1U. That the municipal officers < f said town shall be ami ate hereby;! csted in an Intendant and four War- 1 ens, to be chosen as hereinafter men- ' oned and directed, who shall be do- 1 orninalod tiie Intendant and Wardens < f (he town of Sumter, tfnd shall be per- 1 uis who a< lually reside within the 1 uiir of said corporal ion, and have so 1 'jdded for at least sixty days immedi- ? eiv preceding tiieir election. ' ' Six*. 17. That on the second Tuesday . t .April of each year an eiecMon for lundant and Wardens shall b? held at 1 :ch convenient place or places within id town as may he designated by said 1 l eud ini aud -A'a den- : a! which olec- , >n all s;:eh peisons as have b.vn he ore , 'C'ared m louers of tin; said corpora dm, :>isii!i be eu i it led to vote by gviuna'i libit.; lbe ]>ol!t).idiall by onciied from 'k x in the morning until six in ths eveniv. Sue. IS. Tli.it the Inter.dantaiid War-- j, .'lis elected a.s above dace ed, before ley eu.ter ujion tin; dutiesof their oiliee i in.il. in addition t.'i !bc oath prescribed , i Section of Article If of th<* Con- , i!u?ioii, take the following oath, to ,, it'; "I. as Jntendant (or Warden) of [ .c Tow n Sumter, do solemnly .sweat , ir aHiajj) that! will'equally and iin- ( itfi:t!ly. to the best of my skiil and } id.rment, exercise and discharge the . u>t reposed i:i nto, and will endeaver { ? carry into cllcct the purposes J'or i hieh I have been elected: So hdp me j od." And that the Huid Intendant . id any two of the Wardens shall cou- ( itutc a quorum for the transaction of . jsinessjand in case of the death, res- \ ;nati.v.i, or a I we nee fom town of the j lteiulaut aforesaid, tiiesaid Wardens, a majoritv of thein. shall elect Iron: \ oontf themselves an Intemlant to nil { ic vacancy occasioned as aforesaid ami j lat in ease <?f death, removal from of- ( [ (.*, or resignation of any of the said j .'arden?;, then, and i:i such case, the itendant and any two Wardens shall , ipoiut a time ami place for election of other Warden to till the vacancy ?0 < 'casi^md, nfrer having tfiven ten days , revioiiB notice of sn.eh election. j t Kbc. 19. 'Flint the Iutcnuant may, as j plen as occasion may require, summon i ie Wardens to meei together; ami the ! lid Intemlant and Wardens shall have, j id are herehv vested with full and anile power, from time to time, u;:der ' iffir common sual. to inalcn ;til micrh Or- f Liunices, rules and regulations relative ; the streets, roads, ways and market.': J f the said town, as they may think t r<?j>er and neces-mioy, and establish i ich by-laws as may tend to preserve ; le quietude, peace, safety and good or-. i i*r of the inhabitants thereof, not in- | insistent with the Constitution and < iws of the State, and that they may I npose fines and penalties for the viola-' < on theaeof, which may he recovered < 1 a summary way before the said In- I mdant and Wardens, as hereinafter < rovided. and each and every one of < ion shall be a Magi-trafe, Trial Jus- ( ce. or Justice of the IVace, as either of t ?ch officers shall exist in this ttiate, : ithin the limits of the said town, and i lall otherwise bo vested with all power ; . n.,ilw...:i.. >1,1,' OM..I. ,.Of,.... ....... l.rt . ilu (?l:UIWi II ) UIU< J'UVWI WliH VI > UP ? usted with throughout the State, except ] i civil ca<es: J Garbled, w rcr(/iefexs, hat nil Mich Ordinances, by-law, rules < iid regulations sr? made lie duly prolulgated, and that no saich fine in any i ne ca*e, and for any s-iu;i 1c ofiVuce, i liall exceed the sum of fifty dollar. Sko. 2">. That when any fine imposed ' y the said Inte tdant and \Va:*d in hv 1 irtue of this Act shall exceed twenty ollars, the same may he recovered hoire any Magistrate, Trial Justice or Jusice of the Peace for Sumter County, and .'hen such fine shall he for twenty do!. ilu..* ...ou K ? I... UN or MllUt'l, Uli-v iii.?y im* villi ?m? :>re the said Intendaid and Warden*, r any three of theivr; all which sines, rhen rcoovcrcil, shall be applied to ilie ise of salt] (own. St:<\ 21. That the sahl rntendunt and ,Yardens Khali have fnil ami exehi-ive >ower to mant or refuse licenses to [<'< [? tavern-, to retail spirituous liquors, >r I<> keep billiard tah;e< within theeurtorate limits of .-aid town, ami to iv.'iiaie the prices of the same: l1rori<h <1, I'liat tiu- said licenses shall not he fixed it a lower r:3ie than now, or hereafter to ie established h.v law. And tlffcv shall lave power to impose sueh restrict ions ind conditions upon the manner of :sin;r ami exercising suHi licemcs as hey may tiiit.k proper. am! all moneys uiid for such 1 ictus serf a* (.'ourt of (jeii ral He-sions, f ir rc*!;ii!ii:*r or keepin ? jilliard tahie? without iieenses wifhi i :he corporate limits of caid town, thall I>e received by said Intendant and War dens for the use of said corporation. Six*. 22. That the said lutciulaut anc Wardens shall have power and awfhori ty t > impose the following anntu.l taxefor the uses and purposes of the said town; that is to say, twenty cents on the value of each one hundred do!"a s o, r< al <-.-.ate within the corporate limit.' of said town, (except the leal estate ol churches and institutions of learning,) the value- of such real estate for taxation to be asertained and assessed as hereinafter parovided tor, not exceeding twenty cents on each one hundred dollars of the proceeds of all sales of ??ondx. uvirns in said town, not exceeding three dollars on each pleasure carriage drawn l>y one horse; not exceeding five dollars on each pleasure carrige drawn by two or more horse; not exceeding five dollars on each vehicle of any kind kept for hire or profit, and drawn by one lior.se; not exceeding ten dollars on each vehicle of any kind kept for hire or profit, and drawn by two horses; noi exceeding twenty dollars on each vehicle of any kind kept for hire or profit, and drawn by more than two horses; and hot exceeding twenty cents upon each one hundred dollars of all sales made at auction or upon consignment, within the corpoaate limits of said town, except sales made by order of Court, or by process of law, or by executors or administrators. St:c. i!>. The Clerk of the said Town Council shall, annually, make out an assessment, from the books of the Coun' " * 1 ill t ho llTTI 1 f JS ly *#i all irui vovuiw 111 v >? - ? of said town for taxation, and shall make return of said assessment to the Intcndant and Wardens within one month from the time of his appointment. Sec. 24. That an ordinance declaring the rate of annual taxation upon property, and other subjects of annual taxation lor the year, thali be published at least three weeks during the mouth of October in each year; and thr.tall perrons liable to taxation under the same, shall make their return, on oath, and xnake payment of their tax to the Clerk and Treasurer (hereinafter constituted) of tiie said corporation, during the succeeding mouth of November; and upon failure to make such return and payment, the parties so in defartlt shall be subject to the penalties now provided by law tor failure to pay the general State lax; the said penalty to be enforced by the said Inlendant and Wardens for'the use of the said town. And that ail other taxes imposed by the Intendant and Wardens sija'l l:e payable in advance by iho parties liable iherefor; and tl.'at for uou-daymentof the same, the party in default shail be subject to the tame penalty as hereinbefore set forth in relation to annual taxes. Sue. L'o. That the said Intendant mid Wardens a c here by authorized to appoint a Clerk and Treasurej to reeord proceedings and collect the taxes imposed under and by virtue of this Act, iiud it -hall he the duty.of the Cleric end Treasurer t<? collect the same, and for this purpose he shall have and exercise all the powers conferred upon County Tr -iistirer. All property upon which i tax shall be assessed in hereby dec!::r?.r and made liable for the payment in ureferenee to all other debts hie l?v the perst.n o.vning the property it the time of asses ment, except debts luo the .State, which shall be paid !ir-t. Six*. 2r>. That in case of sickness or nip rary :ih-:ence of the said Inten!aat; th>* Wardens shal 1 be empowered o elect one of their own number to ;;ct i- I uiendant ;'<>r the tinfe. u7. Thai (lietaid Intendant and 'i:s of r-? ?! (owh of ."-'Pinter are u reby authorized and empowered to .-li'i'.ish a ni ui oji up one or more pu die fide and !-caies houses, wiiu p oper ales and weights for weighing 'cotton Hid oilier articles sold by weight in tlio ;aid town, by and at the expense (.t the ;uid town. Si-.c. JS. That the paid Intendant and Warden* hr?, and they are hereby, auhorized to appoint one or more public .'.'ciphers, who >lia.l 1 be sworn by Ihe Intendant. faithfully to perforin the Kn I WJ CtliU uuac, illlVI I i w T k i ? 1 1 uc vmovable for mi.-eunduct or liicumpeciM-y l?y said Intendantaud Wardens; ind when refcrcce is had to any of the ujblie scales used by said wei^hyf.s, by lie authority of said Imemiant and CVard ens, on the wtine day that the contact of sale is made, rile certificate of xiblic weighers snail be conclusive evilenee of the weight cf the cotton, or tny other article sold by weights, in any ,,'ourt of justice in which an ae.i ?n sbail je pending touching the weight of any uch article;and the .-aid Intendant and hardens arc here <y authorized to assess i sum not ixeeed ten cents on cach jale of cotton, and a proportionate sum ; >n other articles weighed, to be paid by | he holler for the use of the said town. ?Si:r. :;9. That the public scales and heights established in pursuance of this j \ct, shall be the standard to which a l -i . ..? .i?- J ........ ,n ...... lit iww u cjmuii uat*, in , iveijihing any article whatosever sold in >aiti town, weight-: and scales diltering 'rom the standard, such person, on con miction in the Court of Hc&sinns for Gunner County, shall be fined and imirisoned, at the discretion of the Court. S.;c\ 3'./. That the said lntendant and Wardens shall have power to establish nd keep a guard housuand town prison ind t.o make ail suitable rules and reflation:; for the proper government of the atne; and any of the police, appointed ay the said Jntemlant and Wardens, ire authorized to arrest and commit to Jie custody of the suid uuard house or [tersons who may be guilty, within the corporate limits of tne said town, of a t\f flu* nr fi!' nnhlit* rirnnlr * - y?? - .'iiucsj, or ot open indecency, or any >ther disorderly conduct injurious to lie jwace, safety ami good order of Ihe 2ilizeu->! and the said police thai], whenever neees.?ary, in the discharge oi tljeir luty, have authority to call the pause : omitatuH of the said town to their assistance; and any person so arrested and ir>iprisoned shall be liable to all tiie cost ind expenses of said arrest and imprisonment, and be further liable to any line which the said Intejidant unci Wardens may impose for their misconduct. Sj;c. 31.That (he Intendant and WtxrileiiH are hereby a:ithorizod ami empowered !k nia';e such ordinances as they may d.-em expedient in relal.on to iM iK.ny peiMins who are, or m*y be, iMi^a^ed in carrvimr on any bu>iu i:. WJllliJi 4, J I V I I U'M 1111111.-1, f M/< (H' ((, That no ordinance shall be made ina-nsisteui with liiC i.-ijiis'ilotion of State, ai'd laws of list! land. iSj.c. 32. Tin' Iuteiidant and "Wardens of liie Town of Humter be, and they are hereby authorized to borrow money l?y Usuiug town slock, from time to time, to (be amount of twenty tliousand dollars, if so much lie necessary, for the purpose of erecting a market and t iwn bad, but never, in any way or form, to make the town liable lor exceeding I oat amount in the aggregate, J'.-ochlcl, 1 i:;it the private property of the citizens of liie said town of Sumter hall not. be liable, in law or equity, for the payment of the corporate debts that shall oV may be created under tiie granted powers herein mad.', or in any other mode than by a regular and uniform taxation. S: r. :i.t. That (he Inlcndant and Wardens siiail, ?. ilhin I'Mn.y days of ilie c::pi.tati?n <? ' their i< rin of ohiee, make oulnudpiihli.h a lull account of their receipts and expenditures during their term, and shall pay and deliver to their - successors all^ moneys, books, records, papers or property in their hands, beI longing to the corporation. Sue. 31. Tluil the first election held ; af er the passage of tliis Act, the Clerk I f the Court of Common l'ieas for Sumi ter County, is hereby rcijuired to give f ten days'public notice of the time and i pi i -e, or places of holding said election, ' an ' appoint managers to conduct the rrae: Provided/further, That immediate.y after the close of any election of Intendant or Wardens, the Managers shall forthwith proceed to count (lie votes, declare the election, and give notice of the result thereof, in writing, to (he persons elected, who, if eligible, shall thereupon qualify. Sr:c. 3-5. That this Act shall be deemed a public Act, and shall continue in force for fourteen years, and until the end of the next session of the General Assembly thereafter. Si:c. 3(j. Tlip.t all Acts or parts of Acts inconsistent with this Act, be, and the same are hereby repealed. TOWN OK WKTGIfTSVILLE. Sf.C' 37. And he, it further enacted, That all persons citizens of thr? Tinier! States, who now own, or may hereafter own. dwelling houses in the village of. Wrightsville, and those who may occupy such dwelling houses, under lease, shall be deemed, and are hereby declared to he a body politic and corporate, and that the said Village shall be called and known by the name of Wriyhtsville, and its limits shall be held and i deemed to extend three-fourths of a ! mile in every direction from the Episcopal Church. dKC. 38. And be it further cnaeted, T.iat the said vi are shall be governedby an Intendunt and four Wardens, who shall be elected on the fir.<t Monday in April, 1871, and on the same day in every year thereafter, an election Khali be held for an Intendant and four Wardens, who shall always he persons living within the limits of said village, at such place as the Intendant and Wardens shall designate, ten days' notice being previously given ; and that all the male inhabitants of said village, i i_ _ 11 i 1 4l.? ~ | \vno snail nave uuauieu me uyw ui twenty-one years, und have resided therein sixty days previous to the election, shall be entitled to vote for said Intendant and Wardens; the election to be held from seven o'clock in the morning until mx o'clock in the afternoon, and when the polls shall be closed, tin* managers shall proclaim tho election, and give notice thereof in writ-j irig, to the persons elected, ana that the j Intendant and Wardens for tho time being-hall appoint three (3) Managers to hold the ensuing election: Provided, i | That the present Commissioners of j Election do appoint Managers for tJio ! | lirst organic election, and that the InItendantand Wardens, before entering upon the duties, of their offices, shall ! take the oath prescribed by the Con>ti! till ion of this S'ate, and also the follow! ing oath, to wit: "As Intendant (or : Warden) oi wrignrsxme. j win eipiai-i I ly, to the best of my skill ami ability, exercise the trust reposed in me, ami , will u>e my last endeavor* to presei've the peaceand carry into el'l'Ct, acco/diu^ to law, the purposes for which I have Ih."'M elccte;!: So help me tioil." S.:c. Si). And hr. it further cnaci-cd. That in case a vacancy shall occur in the oiiice of Intefidant, or any of the Wardens by death, resignation, or removal ' from olllce, or absence tVom the State, an election shall be held, by the appointment of the Tntemlant and War d.Mi, ??r Wardens, as the ease may i>?', ten davs' r.revious notice heim; given ; and in case of sickness or temporary ahS'lice or tin.' Inlcndaut, the Wardens forming a Council shall be-empowered !oi elect one o:' i hems^! ves to act as Intend- i iin during the time. X::e !'>. And he. it further aiuctccl, T ?af tho rntendaTit and Wardens, duly : elected and qualified, shall, during their time of servi'-e. ?ev?'niily and resp- ctively, be vested with all the powers of Justices of the quorum of the State, w ilititi i [ the limits of said village; (hat the lu-j lendant shall, and may, as often hs ocea-! siou may require, summon the Wardens I to meet him in Council, a majority of, whom shall constitute a quorum for the transaction of haziness, ami shall be ! known by the name of the Town Conn- j cilof Wrightville; and they, and their successors in office. may have a common seal, and shall have power and authority to appoint, from time to time, such and so many proper persons to act a* wMtiiiii Htoii* i 11 riai i Ii*f inn Jin eorjing to law. a* tlioy <hall deem oxjkj<1 iontv and proper, which Constables shall li ive all the powers, privileges and I emoluments, and he .subject to all duties, penalties and regulations provided by the law* of the State for the oftlve of Constables; and the Intendant and W.i <1. n-i in Council shall have power i under their corporate seal, to ordain and | establish all such rules, by-laws and or| dinaneeB respecting streets, ways, markets and |>oliee of said village, as shall appear to them proyer, for the security, welfare ami convenience of said village, ; : and f-<r preserving health, peace, order j | and good government within the Ratne; and the said Council may affix fines for j ofiences against suc.h by-laws and ordi' nances, and appropriate the same to the use of the corporation ; but no line shall j ! exceed twentv dollars, thev mav he re I covered in the Justice's Court* of Char! lest on County; and when they are of I the amount of twenty dollars or under, (the same may bo recovered before said i Intendant in Council: Provided, Nothj ing lu-rein contained shall empower the I paid Council to ordain or establish any by-laws or ordinances inconsistent witli or repugnant to the laws of the land; and all such by-law^&id ordinances shall, at all times, lit? eubjefct to revisal or repeal by the Legisliftxtr^. >Sw. 41. And be it further enacted, I i That the said Intendant and Wardens j I sliall have power to abate and remove : ! nutoiiiee* within 8aid limits, and in ca.se i j of disorderly behavior, the Intendant | and Wardens, or any of them, upon j vif\v thereof, or upon complaint lodged on oath, are hereby required and au! thorized to issue warrants against nil offenders. and cause them to be brought ! before them, or him, or a Trial Justice j j of the Peac.-j within the limits of the i Town of Wri^hfsville, and, upon duel examination, ?ha1l either rcha-e, admit bail, (if the osTence be bailable,) or com- ! mitto jail such offenders, as the ea-e may require, and the Shrilll'of Charleston'Comity is hereby required lo receive and keep the persons so committed, until discharge;! by a due course of law; and the Raid Intendant and Wardens shall, collectively ami severally, have jurisdiction wiium me saw corporate l.inits in all criminal ca-sys, a* Trial Justices uud quorums have, according to law*. Si:r. 12. And hr if further cnnr-tcd, ! That. it *hall Ik? (Ik? duly of said Jniend1 :mt mid Wardens to keep all road-*, i streets and and alleys within said limits 1 open and in good repair; a!-'), to erect a 1 "lcc!;-Uj>T" ii" necessity rc|.iire; and l.h?? I said fnlenlant and \V*ard;*n ; may have j power to grunt or ns!rain any lavn-c i lor the sale of in'oxiea:ing li |U->rs, | within the corporate limitsof said town, ' and if said lic.n-e h*j granted, a* afore-; I said, t!ie parlies taking out tin; same to ' nay any anvinnt to .-a d c >rporation llnu j ili.\v nniv :j<-ess on said sale-s. inslcad <>f !(' >.inly 1 and for ina?. purpose i tlle.V are inve-li'd will) all the powers j g'anted liy lav,", t.nti?e <? infy Commissioners; and for ne-rlsc* ef d.ily - S:a 1 i he lisi'ilo to the penalties imposed liy lav." upon County Commi.'.sijucrs fer like neglcct. town of aiken". Sec. 43. And be it further enacted That the citizens of this Ktate, who ma; be inhabitants of the town of Aiken, o owner* of freehold therein, within ill limits hereinafter prescribed, are#hereb; declared a body corporate. The limit* of the said town shall be held and deem oil to be iu the form of a circle, and i square upon that circle, with thesideso the square touching the circumferenct I of said circle, on the North, East, South j and West. The said circle to describe c j circumference, one mile in all directions, I from the central point of the intersex tion of the Railroad avenue and Union Street, a3 the centre of the said town; and the streets within the limits of said corporation to remain, in regard to number, location and extent, as now established by law, until altered by lawfu] authority. Slt.Yt Tlin on Sri fnwii alinll Ka Aiken, aud be governed by an Intendant and six Wardens, to be called the Town Council of Aiken, and by that name have succession of members, keep a common seal, take and hold property, (necessary for corporate uses only,) sue and be sued, implead and be impleaded, and enjoy every right incident to an incorporation. Sec. 45. That the said Intendant and Wardens shall be always persona who are constitutionally qualified to vote foi members of the Legislature in this State, who actually reside within the limits aforesaid, and have so resided at least twelve months immediately preceding their election. Before entering upon the duties of their office, they shall take the following oath, to wit: "I do solemnly swear, (or affirm, as the case may be,) that I am duly qualified, according to the Constitution of the IJnifed States, and of Use State, to exercise the duties of the office to which I have been elected (or appointed) aud mac x win laiuuuiiy umcnarge, 10 ine best of my abilities, the dpties thereof; that I recognize the supremacy of the Constitution and laws of the United States over the Constitution and laws ol any State; ami that I will support, protect and defend the Constitution of the United States and the Constitution ol South Carolina, as ratified by the people on the sixteenth day of April, 1S68; ami I do further solemnly swear, as Intendant (or Warden) of Aiken, that I will equally and impartially discharge the trust reposed in me, and will use m.y best endeavors to preserve the peace and carry into effect, according to law, the Miviirtcnt' r\F mtr onnnititm?>nf: Sin |.... J/W.-VO vn II.J - "* rue God." The said Intendant anc Wardens shall hold their ofiices froir the time of their election until tlu second Monday in September ensuing ! and until their successors shall be elected, and enter 011 the discharge of tlieii duties. Hkc. 4G. That all male persons win are constitutionally qualified to vole foi niemhecH of either branch of the J^taM Legislature, and who have been perma nent residents in the said town lor sis months. Skc. 47. That in case a vacancy should occur in the ollice of rntendant or any of the Wardens, by death, resig nation, removal, or otln rwi e, or in ca-< of a lie in said election, an election to til! such vacancy shall be held, by the appointment or' the Intendant and Warden, or Wardens, as the case may be, ten days' public notice being previously riven; and the Intendant, in case 01 his sickness or temporary absence, is authorized and empowered to nominate ' "<? "?? tli? Wn ti ClIMi VMV W4 V..-W ? , ... aci as temporary Intendant, or railing so to do, the Wardens forming a council shall be empowered to elect one tif their number to act in his room during the time. .Si:c. 48. The election of the Iiitendant and Wardens of the said town shall be held at the Town Hall, or some othei convenient public place in the said town, on the second Monday in September of each and every year, from ten o'clock A. M., until three o'clock P. M., when the polls shall be closed, and ibe Managers shall forthwith count the votes, proclaim tho election and give notice in writing to the persons elected. The Iniendant and .Wardens for the time being, shall appoint three Managers to h??!d thy cns:iin?r oJeeHon, and for any subsequent elections the Managers sliau auvays in eaeu ca oe per 1 - " I * i-nu.l .nwl n-rlh . n.'iih SUMS Willi uiu amc 11/ iw(,u a,<vi n??v^ facility, and 9 mil be o e they opeu tbe polls lor such eletfii >ns, take ail oath fairly and impartially to conduct the same; and the Managers of sucli election are hereby authorized and empowered to administer, if they sec fit, an oath to any person ottering to vote, aud io make all o'.her necessary enquiries for the purpose of ascertaining whether such persona are qualified to vote under this law. Six. 43. That the Intendant and "Wardens, duly elected and qualified, shall, during their term cf service, severally and respectively, within the limits of said town, be vested with all the powers and jurisdiction of Magistrates or Trial Justices of this State, except for the trial of small and mean causes, and the intendant shall, as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the trans action of tnisinesu. i ne smu l-'uuucu shall have full power, under its corporate seal, trt ordain and establish all such nik'3, by-laws and ordinances respecting the streets, pavements, way*, markets, public buildings, \vei*rhtHf measures, wcllrf, disorderly places, lire department, polich, :in<i in general, every other bylaw as shall appear to them requisite ior the security, welfare and convenience of the said town, and for preserving health, peace and cleanliness, order and good government within the same, and to prevent the violation of its ordinances, IK) ordaining suitable fines, not, however, in any to exceed the sum of fifty dollars: J'rovidcd, That no fine above the sum of twenty.dollars shall be collected by the said Council, except by suit in aCouit of competent -Jurisdiction: And provided, further, That no ordinance shall be repugnant to, or inconsi.-teirt with the law of the land, and all ordinance* ."hull be, at all times, suuject to repeal bythe Legisla.ure. Si:e. o ). The Incendant and Wardens shall have power io elect or apnoinr a Marshal, ami, if they see lit, Deputy Marshal, upon such terms as l hey may deem proper, who shall be duly sworn in by ihe iutemlaut, and vested with all the power L'ou-iab.vs now have by law, and whose power and authority shall bj particularly eonlined within ihe limit.of the said town; but whose furlhct power and authority shall also extend to (he arresting and ;aUiu^? into custody, any person or persons within a distance of four miles, in each and every direction, b-yoml and without the corporate limiis, who shall violate any ordinance of said town: I'sochl <!, '-aid oill-nce be committed within :h corporate limits. The duties of the Marshal shall be to ceiled all lines and ior.eiiure iinp:?se.l? by the luicudant and Wardens, and Jo enforce and carry into execution and eilvet the by-laws and ordinances of tho said corporation, and who shall be liable to be removed by the said Town Council; and the said lnteudantand Wardens shall a!.-o have power to establish an oiii.nanee whenever they shall deem il expedient, to ordain and e-Labii-h a p.di?e corps l<?r the :-aid town tile exj en.-en of the .same to be provided for <'.ii of the revenue of the said Corporal.on. Sec. 51. The Intendant and War dens shall have power to selcct or ap!, point a Clerk, who shall also be Treasy urer, whone duty it sliall be to attend all r meetings of Councl', and make a record ii in a book kept for that pur.xse, of all | the proceedings thereof, to take charge of all papers belonging to Council, and - to lodge with the proper officers all stmi mons, executions, &c., and receive returns; to accept a regular account of all, s leceipts and uisbursenients, which aci counts shall, at all times, be accessible to i thelmendant or any of tl e Wadena; , and it shall be his duty to make an offi c al simi-annualfcreport to the Council i of the State of his accounts, at which ; times the doors of the Council room 1 s'mllbe open to all the citizens of the said Town ; and which reports shall be regularly entered in a book kept for i that purpose, He shall attend to the publication of all ordinances and other I documents ordered oy council 10 do published, He shall hold his office for ( such term as Council may prescribe, not, ; however,^exceeding one year, and shall > receive such compensation fur his ser, vices as Council may: Provided, That s he may bo removed from his office at , the pleasure of said Town Council, and before entering upon the duties of his office he shall give bond in the the penal 1 sum of three thoueand dollars for the > faithful discharge of the same. Sec. 52. That the said Town Council i shall have power to establish a guard s house, and to prescribe, by ordinance, suitable rules and regvlattons for keep in# and governing tne same; and the said Town Council may, by ordinance,, or said Intendant and Wardens in person, any one or more of them, authorize I and require any Marshal, Deputy Mar shal or police officer, or any Constable, specially appointed, to arrest and commit to said g ard house, <r other place ' of custody, to be designated by the Intendant, for a term not exceeding forty! ei.^ht hours, any person or persons who may be engaged in a breach of the peace, i any riotous or disorderly conduct, open i obscenity, public drunkenness, or Iny f conduct grossly indecent, or dangerous to the citizens, of said town, or any of s them. Aud it shall be the duty of tae f Town Marshal or other police officer, > to arrest and commit all such offenders, 1 and who shall have power to call to their assistance the posse comitatus, if t need be,- to aid In making such arrests; ! and, upon failure of said Marshal or ' police offlceT in the performance of such . duty as required, they shall, severally, i he subject to such fines and penalties as ) ('ouncil may establish. And all persons I lawfully imprisoned shall pay the costs i 1 n'"i expense iiiemenT to cneir imprison-1 : mant, nn i be u Ject o such flues ts' , . may impose for the oiTence coin mitted.. r Sec. 58. That the said Intendant and Wardens shall have full power to abate ) and remove nuisances in said town, r Sec. 54. That it shall be the duty of ;; the said Council to keep all roads, ways . | and streets within the corporate limits, j' open and in good repair, and for that j purpose the invested with all the powers , { vested in the County Commissioners; 1 aiH they shall have full and exclusive |! power to order out all the hauds now j I liable, or hereafter made liable by the [ I laws of this State, and to require thera ! to work on the re.'pactive roads, ways i [ and streets, within the limits of the said ' j corporation, as many days in each year, ' j and to inllict the same fines and penal( ties for the non-performance thereof as , h by law now inflicted by the different | j Boards of County Commissioners: Pro. viripfl. Tt slmll not be oblleatorv on the , I Town Council to open any"street within |! the limits of the said town, unless upon j the petition of the person applying for , | the same, alleging that the said street is i necessary for his use and accommodation, and that there is no other direct or '! convenient access for him to the business Kart of the town ; which petition shall e verified by the affidavit of the appli. cant, and recommended by at least j twelve of the taxable Inhabitants of th? : said town. | See. e5$. The said Tntendant and War' dens ahal have power to compound with all persons liable to work on said roads, ways and streets, upon the payment of such suras of mom y; s they may deem a fair equiva'ent therefor, to be applied to the use of the said corporation. And the Intendrntand Wardens are hereby . in livjdually exempted from thopertormof road and street duty, and no person ;p irlim* within the said town shall be liable to work on any road without the j said ii in its, or to be taxed or assessed f< r the fitune. i Skc. oG. That the power to grant licenses for billiard tables, to keep taverns, or retail spiritous liquors, within the limits of said corporation, be, and the same is' hereby, vested in the Town Council of Aiken, which licenses shall I be granted in the same manner, and : upon the same conditions, as they now are, or may hereafter be, under the laws of thia Ktate: Provided, That fio billiard table kept by the boarding houses I and hotels of said town, for the use of j boarders, shall be subject to a tax, unless ; the same is also kept for the use of the I public generally, ana for profit and gain; I ail I ail moneys received for licenses, I taxes, fines, exhibitions, etc., within the i said limits, shall be appropriated to the j puhlic uses of said corporation. iSec. 57. Tiiat an nnes anu luuei.uiw imposed hv said Town Council, under the power vested by iaw, shall be collecte 1 in the same munner as the general .State tax is now by law collected. The Sheriff for the County, for the time being, and his lawful deputies, be, and they are hereby, authorized to execute the process of said Council of Aiken, as by law toe Marshall of said corporation niijrht or should now do, having the tame privileges, powers and emoluments aiid subject to the same duties and penalties as therein provided: Provided, That all viUla bona costs incident <r any execution issuing from said Town ,nii onrl ilirf>f>tpfl to the said Town Council! | Skc., 58. That the said Town Council of Aiken s-ball have power to impose, for the use of said corporation, the fol1 1 >wingannual taxes; on all real estate within the said limits, except that held for religious or charitable purposes, a tax not exceeding one-quarter of one percent; on. all sales of merchandize and ijioonn- arMinr from factorage, faei ultiesand profess ons, except the salaries of cle < f all religious den tmuat;ons,'a tax not exceeding oneeight of one per cent.; on all wheel c:iriiages kept for hire, a sum not exreeding five dollars each; on all itinerant trader.?, a tax not exceeding twentvi iivfi dollars; also, to proscribe and fix the tax on all shows fin a exniouious, within the limits of s-aid orporation; and tilt* said Town Council shall have nowar to enforce the payment of all taxes and assessments levied nnder authorit v of this Act, anrainst the property of all defaulters, jo the same extent, aud in i he same manner, as is provided by law for the collection of the general State tax. except that the exccntion maybe directed either to the Sheriff or the 'J'iwii Marshal, or other person especially appointed by Council to collect the same. j Si:o. .59. And the said Town Council , shall be authorized to borrow money for educational and corporate uses only, and to assess eaeh of the corporators in an nmo'.iut not exceeding twenty-live per cent, on his corporation tax, to aid in the payment of the principal and in. terest. of the said debt: Pforhhd, That That t ie funded debt of said tovvn shall i at no one time exceed the sum of five thousand dollars : And, provided alio, that no loan shall be consummated without the previous concurrence of the voters of the said town who are subject to a property tax, to be ascertained I through the meiium of the ballot-box, and after ten days of public notice,*as is provided in the case of election for Jnlendantand Wardens. Sec. 60. That the original charter of Aiken, passed on the nineteenth day of December, in the year of our Lord one thousand eight hundred and tbirty.iive, and all Acts, amendatory thereof, as well as others repugnant to this Act, be, and the same are hereby repealed, and that this Act shall be deemed and taken to be a public Act, and shall continue in force for twenty years. town of williston. Sec. 61. And be it further enacted, That the charter of the town of Willis- ? tou, in the County of Barnwell, be, and the same is hereby, renewed and extended for the term of fourteen years from the date of the passage of this Act. town of cjbaham's. Sec. 62. And be it further enacted, That all persons, citizens or the Sta te of South Carolina, who are now, or who m:y hereafter become,^inhatiiants of the town ot Graham's, shall be deemed and are hereby declared, a body politic and corporate, and that the fcaid town shall be called and known by the name of Graham's, and its limits shall be deemed and held to extend one-half ifiileln each direction from the rail road depot in said town. Sec. 68. That thejaaid town shall be governed by an Intendant and four Wardens, who shall be elected on the first Monday in September next, on which day, as well as on the first Monday in September of every year thereafter; an election shall be held for an Intendant and four Wardens, who shall be citizens of the State of South Carolina, and shall have been residents of said town for sixty days immediately preceding said election, at such place in said town as the Intendant and Wardens, who shall be citizens of tbe State of South Carolina, and shall have been residents of said town for sixty days immediately preceding said election, at such place in said town as the Intendant and Wardens ^ shall _ designate, ten aay-s nonce, in writing, oetng previously given; and that all male inhabitants of said town, of the age of twenty-one years, who have resided therein sixty days previously to the elections, shall be entitled to vote for said Intendant and Wardens, and the election shall be held from nine in the morning until three o'clock in the afternoon, when the polls shall be closed, and the manager shall count the votes, and proclaim the election, and give notice thereof. In writing, to the person elected; and that the Iutendant and Wardens, for the time being, shall appoint the managers to hold the ensuing election: that tho Intendant and Wardens, before eutering upon the duties of their offices, shall take the oath prescribed by the Constitution of this State, and also the following oath, to wit: "As Intendant, or Warden, of Graham's, I will equally and impartially, to the beat of my skill and ability exercise the trust reposed in me, and will use my best endeavors to preserve the peace, and carry Into effect, according to law, the purpose of my appointment: So help me God." Sue. 04. That in case a vacency shall occur in the office of Intendant, or any of the Wardens, by death, resignation, removal from the Statej or from any other cause, an election shall be held by the appointment of the Intendant and and Warden or Wardens, as the case may be, ten day's notice thereof, as aioresuia oeing given; aua in case ot the sickness or tempoary absence of the Intendant, the Wardens, forming a Council, shall be empowered to elect one of themselves-to act as Intendant during such sickness or absense. Sec. 65. That the Intendant and Wardens, duly elected and qualified, shall, during their term of service, severally and respectively, be vested with all the powers of other incorporated towns of this State, in matters civil and criminal, within the limits of said town; that the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for tl e transaction of business, arid shall be known by the name of the Town Council of Graham's, and they and their successors in office shall have a common seal, arid shall have power and authority to appoint, from time to time, such and so many proper persons to aet as Marshals br Constables, as they shall deem expedient and proper, which offi_i_ *11 l ~11 *1 * cers suau uttvc an tuu puwere, privileges and emoluments, and be subject to all the duties, penalties and regulations Srovided by the l>?wsof this .State for le office of Constable. And the Intendant and Wardens, in Council, shall have power and authority, under their corporate seal, toprdain andjestablish all sucn rules and by-Jaws and ordinances, respecting the streets, ways, public wells anu springs or fountains of water, markets and poll e of the said^town, and for preserving health, peace, order and good government within the same, as they may deem expedient and proper; and the said Council may affix fines for offences against such by.laws and ordinances, and appropriate the same to tne use OI me incurpunuiuii, uui nu uuw siiall exceed twenty dollars, All fines may be recovered by an action for debt before a proper tribunal, Sec. 66. That the said Council shall have power to abate and remove nuisance within the limits of said town; and, also, to classify and arrange the inhabitants liable to police duty, and to require them to perform such duty as occasion may require; and to enforce the performance thereof, under the same penalties as are now or may hereafter be established by law: Provided, always, nevertheless, That the said Town Council shall have power to compound with persons liable to perform such duties upon such terms as they shall, by ordi nance estaDiisn. Sec. 07, That it shall be the duty of the Intendant and Wardens to keep all streets and ways which may be necessary for public use within the limits of the siid town open and In good repair, and for that purpose they are hereby invested with all the powers, rights and privileges granted by law to the Commissioners of Roads within the limits of said town. And, for neglect of duty, they ihall to the pains and penalties imposed by law upon Commissioners of Roads for like neglect. And they are hereby individually exempt from* the performance of road and police duty. And the inhabitants of said town are hereby excused from road and police duty without the limits of said corporation. Sue. fiS. That the said Intendant and Wardens snau nave power 10 compound with persons liable to work on the said streets and ways, and to release such persons as may desire it, upon the payment of such sum of money a-? they may deem a fair equivalent therefor, to be applied by them to the use of the said coipo ration. Sec. G9. That the said Town Council of Graham's shall also he empowered to retain, possess and enjoy all such property as they may 'now be possessed of, or entitled to, or which shall hereafter be given, bequeathed to, or in any manner a*:quiie 1 by them, and to cpi]t alien, or in any way transfer the m , or any