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IperM Intelligenter. EXTRA. ACTS AND JOINT RESOLUTIONS passed by the LEGISLATURE?SESSION IS71 AND IS72. [OFFICIAL] An* Act to renew and amend the charter of the town of williamston. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now niet'and sitting in General As? sembly, and by the authority of the same: That from and immediately after the passage of this Act, all and every person or persons who may have resided within the corporate limits of .the town of Williautston for one year, or who may own a freehold therein, and their successors, are hereby declared to be members of the corporation hereby intended to be cre? ated. v Sec. 2. That the said persons and their suc? cessors shall, from and atfter the passage of this Act, become a body politic and corporate, aud . shall be known and called by the name of Wil liamston, and its corporate limits shall extend one mile in the direction of the cardinal point? from the present brick hotel as a centre, and form a circle. Sec. 3. That the said town shall be governed by an Intendant and four Wardens, who shall be persons that actually reside within the lira its of the corporation, and have so resided at least twelve months immediately preceding their election. The said Intendant and War? dens shall be elected on the second Monday in September in each year, ten days' notice having been previously given, and shall coutinue in office for one year, and until the election and qualification of their successors. And all male inhabitants of the said town, who shall have attained the age of twenty-one years and resi? ded therein sixty days immediately preceding the election, shall be entitled to vote for said Intendant and Wardens: Provided, That no person shall be allowed to vote at any such election whoshall not have registered his name as a voter with the Clerk of the Council, in a book or books to be kept by hiru for that pur? pose, by 10 o'clock A- M., on the day preceding every such election. Sec. 4. That said election shall be held in some convenient public place in said town, from 9 o'clock in the morning until 5 o'clock ia the evening, and when the polls shall- be closed, the managers shall forthwith proceed to count the- votes, under oath, publicly, stating thewhole number of votes cast for each can? didate or person voted for, and shall transmit their report for the same, in a sealed envelope, to die Intendant of the town, and if there be no such; Intendant, the same shall be transmit? ted to the Clerk of the Court of Auderson County. The said Intendant, or Clerk of the Court, shall open the report of the said mana? gers, and shall announce and publish the whole number of votes cast, and the whole number cast for each candidate, when the several can? didates receiving the highest number of legal vote? for the offices which they were voted for, shall be declared duly elected. The Intendant and Wardens, for th? time being, shall always appoint three managers to conduct the election, who. before they open the polls for said elec? tion, shall tike the oath fairly and impartially to conduct the same. And the Intendant anil Wardens, before entering upon the duties of their office, shall, respectively, take the oath prescribed by the Constitution of this State, and also the following oath, to wit: "As Intend? ant {or Warden) of the town of Williamston, I will faithfully and impartially, to the best of my ability, exercise the trust reposed in me, aud will use my best endeavors to preserve the peace, and carry into effect, according to law, the purpose for which I have been elected. So help me God." Sec. 5.'In case a vacancy should occur in the office of Intendant, or any of the Wardens, by death", resignation, or otherwise, an election to fill such vacancy shall be held by the ap? pointment of the Intendant and Warden or Wardens; and, in case there be none, then by the appointment of the Clerk of the Court of Anderson County. See. 6. That the Intendant and Wardens, duly elected and qualified, shall be, during their term of office, vested with all the powers and authority with which Trial Justices are at pre? sent vested by law^except the trial of civil cases, and except as it may be otherwise pro? vided in this Act. And the Intendant shall and may, as often as may be necessary, summon the Wardens to meet in Council, any two of whom, with the Intendant, or any three Ward? ens, may constitute a quorum to transact busi? ness; and they shall be known by the name of the Town Council of Williamston; and they and their successors hereafter to be elected, may have a common seal, which shall be affixed to all other ordinances, may sue aud be sued, plead and be.impleadcd, in any court of law or equity in this State, aud purchase, hold, pos? sess and enjoy, to them and their successors iu perpetuity, or for any term of years, any estate, real, personal or mixed, and sell, alien and convey the same: Provided, The tame shall not exceed, at any one time, the sum of ten thousand dollars. And the said In? tendant and Wardens shall have full power to make and establish all such rules, by-laws and ordinances respecting the roads, streets, mark? ets and police of saia town as shall appear to them necessary and requisite for the security, welfare and convenience of the said town, or the preserving of the health, peace, order and good government withiu the same. And the said Council may fix and impose fines and pen? alties for the violation thereof, and appropriate the same to the public use of the said corpora? tion : Provided, That in all cases of trials to be had before said Town Council, as hereinbe? fore provided, the party charged shall be cited to trial by service upon him of a summons, un? der the hand of the Intendant, any one of the Wardens, or the Clerk of the Council, wherein shall be expressed, with ccrtaiuty, the offence charged, and the time and place of trial, which service shall be made at least five days before the day of trial. Sec. 7. That the Intendant and Wardens of the said town shall have full and only power to grant or refuse license lo retail spirituous i liquors withiu the said limits, which license shall be granted in the same manner, and upon the same conditions, as they arc, or may here? after be, under the laws of this State, except that the Town Council shall have the power to regulate the price of licenses to keep taverns aud to retail spirituous liquors : Provided, That in no instance the price of a license so to keep tavern or retail spirituous liquors shall be fixed at a less sum than is established by the laws of this State; and all the powers vested formerly in the Commissioners of Roads are hereby granted to the said Intendant and Wardens within the said limits; and r.ll moneys paid for licenses, and for fiucs and forfeitures, for re? tailing spirituous liquors, keeping taverns, bil? liard taoles, within tho said limits, without license, shall be appropriated to the uses of said corporation : Provided, That the Intendant and Wardens, duly elected and qualified, shall not have power to grant any license to keep tavern or retail spirituous liquors to extend beyond the time for which they shall have been elected. Sec. 8. That it shall he the duty of the said Intendant and Wardens to keep all streets, roads and ways, within their corporate limits, open and in good repair; and, for that purpose, they are invested with all the powers granted formerly to Commissioners of Roads. And they shall have power to compound with all persons liable to work the streets, ways and roads in said town, upon such terms as they shall, by ordinance, establish; the moneys so received to be applied to the public use. Sec. 9. That the said Town Council shall have power to impose an annual tax ujnn the keep? ers of all billiard tables nud ten pin alleys, or other pin alleys, within the discretion of said 1 Council; und to grant or refuse licenses lor the same, upon such terms and conditions, and sub? ject to such regulations, as they may, by ordi- i nance, establish. Tbey shall :ilso have power to impose a tax, within their discretion, on all sales made by itinerant traders and auctioneers, . on all public drays, wagons, carriages, omni? buses, and other vehicles kept for hire, and on the owners or proprietors of all dogs, hogs, sheep, goats and cattle kept within the corpo- j rate limits of said town. Hie said Town Coun? cil shall have power to impose an annual tax on the amouut of all sales of goods, wares and | merchandize, and also upon the amount of in-1 come arising from all factorage and merchan? dize, employments, faculties and professions, j including the profession of dentistry; also upon the amount of income from all moneys j loaned at interest, and from dividends received j from banks and all other stocks: Provided,; That no tax shall be imposed, in any one case, j to exceed the rate of thirty cents on each huu dred dollars of the value of such sales and in- j come. And the said Town Council shall have power to impose an annual tax on all carriages and wagons, of whatever kind, kept for private [ use; ou all gold, silver and other watches, kept for private use, within the limits of the said town. And the said Town Council shall have power to impose an annual tax, not exceeding thirty cents on every hundred dollars of the value of all real estate lying in the corporate limits of said town, the real estate of churches and school associations excepted; and, for that purpose, they shall appoint three freeholders residing therein to assess the value of said real estate, upon oath, and return the assessment, within one month, to said Council for taxation; and to fill any vacancy occasioned by the death, resignation, refusal to serve, or removal from office, of the said assessor. And the said Tcwu Council shall have power to regulate the price of licenses upon all public shows and ex? hibitions in said town; to erect a powder mag? azine, and to compel any person holding more than twenty-five pounds of powder to store the same therein, and to make regulations for rates of storage thereof, and for keeping and storing the same. Aud the said Town Council shall have power to enforce the payment of all taxes and assessments, levied under the authority of this Aery against the property and persons of defaulters, to the same extent, and in the same manner as is provided by law for the collection of the general State tax, except that executions to enforce the payment of town taxes shall be issued under the seal of the corporation, and directed to the Town Marshal, or other person especially appointed by the said Town Council, to collect the same; and all property upon which a tax shall be levied and assessed, is hereby declared and made liable for the pay? ment thereof in preference tu other debts due by the person owning such property at the time of the assessment, except debts due the State, which shall be first paid. The said moneys, to? gether with all other moneys collected by au? thority of the provisions of this Act, and the ordinances passed in conformity thereto, from whatever source said moneys may arise, to be paid into the treasury of said town, for the use of the corporation. Sec. 10. That returns shall be made, on oath, to the Clerk of the Town Council, during the month of January, in each year, of the amount of all sales of merchandize, profession? al, mechanical, or other incomes, and of the quantity and kind of all other property than real estate subject to taxation, under the pro? visions of this Act, by persons who may be lia? ble to pay the taxes on the same; and the said taxes sliall be paid on or before the first day oi March then next ensuing. Upon failure there? of, any party in default shall be subject to the penalties now provided by law for failure to pay the general State tax. Sec. 11. That the said Town Council shall have authority to require all persons owning a lot or lots in said town to make and keep in good repair side-walks in front of said lot or lots, whenever they shall front or adjoin any public street of said town, if, in the judgment of the Council, such side-walks shall be neces? sary, the width thereof, and the manner of their construction, to be designated by the said Council; and for default or refusal to make aud keep in repair such side-walks, the Town Council may cause the same to be made and put in repair, and require the owner to pay the price of making or repairing; the said Town Council are hereby empowered to sue for and recover the same action of debt in any court of competeut jurisdiction in Anderson County: Provided, That such contract for making or re? pairing be let to the lowest bidder. Sec. 12. That the said Town Council shall have power, with the consent of the adjacent land-owners, to close all such roads, streets and ways within the said town as they may deem necessary, by sale of the freehold therein, either at private or public sale, as they may adjudge best for the interest of said town : aud they shall also have power to lay out, adopt, open and keep in repair all such new streets, roads and ways as they may, from time to time, deem important or necessary for the improvement or convenience of said town: Provided, That no new street, road or way shall be opened without first having obtained the consent of the land-owner through whose premises any such new street, road or way may pass. Sue. 13. That the said Town Council shall have power, and are hereby autlforized, to elect one or more Marshals, to affix their salaries and prescribe their duties, who shall be duly sworn in, and invested with all the power anil subject to all the duties and liabilities that Constables now have or arc subjected, by law, in addition to the duties and liabilities especi? ally conferred and imposed on them by the Town Council: Provided, That their jurisdic? tion shall be confined to the corporate limits of said town. Sec. 14. That the said Town Council shall have power to establish a guard house, and to prescribe by ordinances suitable rules and reg? ulations for keeping and governing the same, and for the confinement of all persons who may be subject to be committed for the viola? tion of any ordinance of the town passed in conformity with the provisions of this Act; and the said Town Council may. by ordinance, or the said Intendant and Wardens, in person, any one or more of them, authorize and require the Marshal of the town, or any Constable j specially appointed for that purpose, to arrest I and commit to the said guard house, lor a term not exceeding twenty-four hours, any person or persons who, within the. corporate limits of the sa?d town, may be engaged in a breach of the peace, any riotous or disorderly conduct, open obscenity, public drunkenness,"or in any con? duct grosily indecent or dangerous to the citi? zens of said town, or any of them ; and it shall be the duty of the Marshals to arrest and com? mit all such offenders, when required to do so, and who shall have power to call to their as? sistance the posnecomilatu*, if need be, to aid in making such arrest; and upon the failure of such persons to perform such duty as required, they shall, severally, be subject to such fines aud penalties as the Town Council may estab? lish; and all persons so imprisoned shall pay the costs and expenses incident to their im? prisonment: Provided, That .such imprison? ment shall not exempt the party from payment of any fine the Council may impose for the of? fence for which he may have been committed. Sec. 1">. That the said Town Council shall have power to collect the taxes from all persons representing publicly, within the corporate limits, for gain or reward, any plays or shows, of what nature or kind soever, to be used for the purpose of said corporation. Sec. 10. That all fines wliich shall hereafter be collected by conviction in the Court of Ses? sions, for retailing without license within the corporate limits of said town,.shall be paid one half to the informer and the other half to said Town Council, fur the uses of the corprration. Sec. 17. That the Town Council shall have power and authority to abate all nuisances within the corporate limits, and also to appoint a board of health for said town, and to pass all such ordinances as may be necessary to define the powers and duties of said board. Sec. 18. That the Intendant and Wardens Khali, during their term of office, be exempt i from .street duty ; and each Town Council shall, ! within one mouth after the expiration of their '? term of office, make out and return to their ' successors a full account of their receipts and expenditures during their term, and shall pay over all moneys in their hands belonging to j the corporation, and deliver up all property, books, records and otiicr papers incident to their office, to their successors ; and, ou failure so to do, they shall be liable to the punishment j prescribed in the twentieth section of this Act. i Sec. 1!>. That all ordinances heretofore passed by the Town Council of Williamston, in con? formity with the authority granted by existing laws, shall be, and they are hereby declared legal and valid. ?See. 20. That for any wilful violation of du? ty, malpractice, abuse or oppression, the said Intendant and Wardens, jointly and severally, j shall be liable to indictment in the Court of I Sessions, and, upon conviction, to punishment j by line, not exceeding one hundred dollars, be? sides being liable for damages to any person in? jured. I Sec. 21. That all Acts, and parts of Acts, j heretofore passed in relation to the iiicorpora ? tion of the Town of Williamston, be, and the I same are hereby, repealed. And this Act shall . be deemed and taken to be a public Act, and j continue in force for the term of fwentv years, i and until the end of the session of the .(jegisla turc then next ensuing. Approved March 1), 1872. Ax Act to alter and amend the charter of the town of pendleton. Section 1. lie it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General As I sembly, and by the authority of the same: j That all persons, citizens of the United .States, who now reside, or may hereafter reside, in the village of Pendleton, shall be deemed, and are ! hereby declared, a body corporate and politic; and the said village shall be called and known by the name of Pendleton, and its limits shall be held and deemed to extend for one mile in every direction from the Farmers' Hall. Sec. 2. That the said village shall be gov? erned by an Intendant and four Wardens, who shall be elected on the fourth Monday in Sep? tember next, or until their successors are qual? ified, on which day, as well as on the second Monday in September of every year thereafter, an election shall be held for ?n Intendant and four Wardens, at such place as the Intendant and Wardens shall designate, thirty days no? tice being previously given ; and that all male inhabitants of the said village, who have at? tained tha age of twenty-one years, and have resided therein three months previous to the election, shall be entitled to vote for the said Intendant and Wardens; the election to be held from ten o'clock in the morning until two o'clock in the afternoon; and when the polls shall be closed, the Managers shall count the ballots, and proclaim the election, and give no? tice thereof, in writing, to the persons-elected ; and that the Intendant and Wardens, for the time being, shall always appoint three Mana? gers to hold the ensuing election ; that the In tetidant and Wardens, before entering upon the duties of their office, shall take the follow? ing oath, to wit: "As Intendant (or Warden) of Pendleton, I will support and defend the Constitution of the United States, and this State, and equally and impartially, to the best of my skill and ability, exercise the trust re? posed in me, and will use my best endeavor to preserve the peace, and carry into effect, ac? cording to law, the purpose of my appointment: So help me God." Sec. 3. That in case a vacancy shall occur in the office of Intendant or Wardens, by death, resignation, removal from office, or absence from the State, nil election shall be held by the appointment of the Intendant and Wardens, as the case may be, thirty days' previous notice being given; and in case of the sickness or temporary absence of the Intendant, the War? dens, forming a Council, shall be empowered to elect one of themselves to act ;.s Intendant during the time. Sec. 4. 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 Trial Justices of this State, within the limits of the said village, except in trials of civil cases; that the Inten? dant shall, as often as occasion may require, summon the Wardens to meet him in Council, a majority of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of Pendleton ; and they and their successors in office shall have a common seal, and shall have power and authority to appoint, from time to time, such and so many proper persons to act as Constables as they shall deem expedient and proper, which Constables .shall have all the power, privileges and emolument4, and be sub? ject to all the duties, penalties aud regulations provided by the laws of this State for the office of Constable ; and the Intendant and Wardens in Council shall havo power., under their cor? porate seal, to ordain and establish all such rules, by-laws aud ordinances, respecting the streets, ways, market and police of such village, as shall appear to them proper for the security, welfare ami convenience of the village, and for preserving health, peace, order and good gov? ernment within the same; and the said Coun? cil may iflix lines for offences against such by? laws and ordinances, und appropriate them to the use of the corporation ; but no fine shall exceed twenty dollars; and when fines shall exceed ten dollars, they may bo recovered in the Court of Sessions for Anderson County; and when they are of the amount of ten dol? lars, or under, they maybe recovered before the Intendant and Wardens; Provided, Not Ii ins herein contained shall empower the said cor? poration to ordain or establish any by-laws or ordinances, inconsistent with, or repugnant to, the laws of this State; ami all such by-laws and ordinances shall, at all times, be subject to the revisal or repeal of the Legislature. Sec. "). That the said Intendant and Wardens shall have power to abate and remove nuisances within the said limits, and to classify and ar? range the inhabitants liable to police duty, and to require them to perform such duty as often as occasion may require, and to enforce the per? formance thereof, under the same penalties as i arc now, or may be hereafter established by ! law; and that the said Intendant and Wardens, or any of them, upon view thereof, or upon complaint lodged, on oath, are hereby required and authorized to issue warrants against all offenders, and cause them to be brought before them, or him, and, upon an examination, shall cither release, admit to bail, if the offence be bailable or commit to jail, such offenders, as the case may require; and the Sheriff of An? derson County is hereby required to receive and keen the person so committed until discharged by due course of law. And the said Intendant and Wardens shall, collectively and severally, j have cognizance within the said corporate lim? its, in all criminal cases, as Justices of the Peace and Quorum have according to law. Sec. (i. That the Intendant ami Wardens of the said town shall have full and only power to grant or refuse license to retail spirituous li? quors within the said limits, which license shall be granted in the. same manner, and upon the same conditions, as they arc now, or may here? after be, under the laws of this State, except that the Town Council shall have power to reg? ulate the price of license to keep taverns and to retail spirituous liquors; Provided, That in no instance the price of a license so to keep tavern or retail spirituous liquors,shall be fixed at a less sum than is established by the laws of the State; and all the powers formerly vested in the Commissioners of Roads arc hereby ! granted to the said Intendant and Wardens I within the said limits: and all moneys paid for licenses, and for fines and forfeitures for retail? ing spirituous liquors, keeping taverns and bil? liard tables within the said limits without license, shall be appropriated to the use of said corporation. Sec. 7. That the said Intendant and Wardens shall have power to compound with persons liable to work on said roads, streets and alleys, to release such persons as may desire it, upon 1 a fair equivalent therefor, to be applied by them to die use of said corporation ; and no ! person residing within the said limits, shall be 1 liable to work on any road without said limits, 1 or to be taxed or assessed for the same. Sec. 8. That the Town Council ofPendlcton shall have power to impose an annual tax upon ' the keepers of billiard tables and ten pin alleys, j within the discretion of said Town Council, and to grant or refuse license for the same, uprm such terms and conditions, aud subject to such regulations, as they may by ordinances ? establish : They shall also have power to im- : pose a tax, within their discretion, on all sales ! made by itinerant trader- and auctioneers, on I all public drays, wagons, carriages, omuibtises, | and other vehicles kept for hire, and on the ! owner or possessor of all dogs, hogs, sheep, j goats and cattle kept within the corporate lim- I its of said town. The said Town Council shall I have power to impose an annual tax on the amount of all sales of goods, wares, merchan? dise, and, also, on the amount of income arising ! from all factorage and mechanical employ- j nients, faculties and professions, including the profession of dentistry: Provided, That no tax shall be imposed in any one year to exceed the I rate of twenty cents on each hundred dollars of) the value of such sales and income; and the said Town Council shall have power to impose a tax upon all persons who shall open any room or car for the purpose of taking dngucreotypes ! or other likenesses, within the corporate limits of said town ; and the said Town Council shall have the power to impose an annual tax, not I exceeding twenty cents on every hundred dol- j lars of the value of all real estate lying within I the corporate limits of said town, the real es? tate of churches and school associations excep? ted, and for that purpose they shall appoint three freeholders, resident therein, to assess the ( value of said real estate, upon oath, and return the assessment, within one month, to said Council, for taxation, and to fill any vacancy occasioned by the death, resignation, refusal to serve, or removal from office of the said assessors; and any person who shall refuse to act as asses? sor, upon being appointed by the Council, may be fined any sum not exceeding twenty dollars; and the said Council shall have power to regu? late the price of license upon all public shows and exhibitions in said town, and to erect a powder magazine, and to compel any person holding more than twenty-five pounds of pow? der to store the same therein, and to make reg? ulations for rates of storage thereof, and for keeping and delivering the same ; and the said Town Council shall have power to enforce the payment of all taxes and assessments levied under the authority of this Act against the property and persons of defaulters, to the same extent, and in the same manner, as is provided bv law for the collection of the general State tax, except that executions to enforce the pay? ment of the town taxes shall be issued under the seal of the corporation aud directed to the Town Marshal or other persons specially ap? pointed by the said Council to collect the same; and all property upon which a tax shall be levied and assessed is hereby declared and made liable for the payment of same iu prefer? ence to other debts due by the persons owning such property at the time of the assessment, except debts due the State, which shall be first paid; that the said Town Council shall have power, with the consent of the adjacent land owners, to close all such roads streets and ways within the said town, as they may deem necessary, by sale of the freehold therein, either at public or private sale, as they adjudge best for the interest of the said town ; and they shall have power to lay out, adopt, open and keep in good repair all such new streets, roads and ways, from time to time, as they may deem im] ort a nt or necessary for the improvement of said town : Provided, That no new street, road i r way shall be opened without first having obtained the consent of the land owner or own? ers through whose premises any such new street, road or way may pass. Sec. ?. That this Act shall be taken and deemed as a public Act in all Courts of Justice, and .>hall continue iu force until repealed. Approved March 12, 1S72. Ax Act to incorporate the town ok townville, ix the county of anderson. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same : That all persons, citizens of the State of South Carolina, who are now, or who may hereafter become, inhabitants of the town of Town vi lie, in the County of Anderson, shall be deemed, and arc hereby declared, a body politic and corporate, and that said town shall be called and known by the name of Townville ; and its limits shall be deemed and held to extend one half mile in every direction from the Townville IIaptist Church, in said town. Sec. '1. That the said town shall be governed by an Intendant and four Wardens, who shall be elected oil the first Wednesday in April next, on which day, as well as on the first Wed? nesday in April of every year thereafter, an election shall be held for au Intendant and four Wardens, who shall be citizens of the State of South Carolina, and shall have been resident in the said town for sixty days imme? diately preceding said election, at such place in said town as the Intendant and Wardens shall designate, ten days notice, in writing, be? ing previously given. That H. 11. Vandiver, B. F. Ca t , W. J. Harbin and J. W. Spear? man be, and they are, appointed a Hoard of Managers, to bold the lirst election under this Act. That all male inhabitants of the said town, of the age of twenty-one years, who have resided therein sixty days previous to said elec? tion, shall be entitled to vote for said Inten? dant 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 Managers shall publicly count the votes, and proclaim the election, and give notice thereof, in writing, to the persons elected ; and that the Intendant and Wardens, for the time being, shall appoint the Managers to hold the ensuing election, at least twenty day> prior to the election ; that the Intendant and Wardens, before entering upon the duties cd'their offices, shall take the following oath, to be administered to the officers first elected by some officer duly authorized to administer an oath, and by the outgoing Intendant to the Intendant and Wardens thereafter elected, to wit: "As Intendant (or Warden) of Town? ville, I will equally and impartially, to the best of my skill and ability, exercise the trust re? posed in me, and will use my best endeavors to preserve the peace and carry into cflect, accord? ing to law, the purposes of my appointment: So help me (iod." See. 3. That in case a vacancy should occur in the office of Intendant, or any of the War j dens, by death, resignation, removal from the j State or Town, or from any other cause, an election shall be held by the appointment of ' the Intendant and Wardens,or Warden, as the I case may be, ten days notice thereof, as afore? said, being given. And in case of the sickness or temporary absence of the Intendant, the j Wardens forming a Council shall be empow? ered to elect one of their number to act as In? tendant during such sickness or absence. Sec. 4. That the Intendant and Wardens, duly elected and qualified, shall, during their term of service, severally and respectively, be empowered to preserve the public peace within the limits of said town ; aud the Intendant shall, as often as occasion may require, summon the Wardens to meet him in Council, a major? ity of whom shall constitute a quorum for the transaction of business, and shall be known by the name of the Town Council of Townville ; and they and their successors in oflicc shall have a common seal, and shall have power and authority to appoint, from time to time, such and so many proper persons to act as marshals 1 and policemen, as they may deem necessary and proper, which officers shall have all the powers, privileges and emoluments, and be sub? ject to all the duties, penalties and regulations provided by the laws of this State for the office of Constable. And the Intendant and War dens, in Council, .shall have power and author? ity, under their corporate seal, to ordain and establish all such rules, by-laws, respecting the streets, ways, public wells and springs, or foun? tains of water, markets and police 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 allix lines for offences against such by-laws and ordinances, and appropriate the same to the use of the corporation, but no line shall exceed twenty dollars ; all lines may be re? covered by an action for debt before the proper tribunal. Sec. 5. That the said Council shall have power to abate and remove nuisances within the limits of said town ; and, also, to classify and arrange the inhabitants liable to police du? ty, and to require them to perform such duty as occasion may require; and to enforce the performance thereof by appropriate penalties; Provided, always, nevertheless, That the said Town Council shall have power to compound with persons liable to perform such duties, up? on such terms as they shall, bv ordinance, es? tablish. Sec. 6. That it shall be the duty of the. In? tendant and Wardens to keep all streets and ways, which may be necessary for public use, within the limits of the said town, open and'in good repair; and, for that purpose, they are hereby invested with all the powers, rights and I privileges granted, or that may hereafter be g anted, by law, to the County Ct.rami s'oners, j within the limits of said town. And for any j neglect of duty, said Intendant and Wardens shall be liable to the pains and penalties im? posed by law upon the County Commissioners for like neglect. And they are hereby, indi? vidually, 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 corpora? tion. Sec. 7. That the said Intendant and War? dens shall have power to compound with per? sons liable to work on the said streets and ways; and to release such persons therefrom as may desire it, upon the payment of such sums of money as said Intendant and Wardens may deem a fair equivalent therefor, to be ap? plied by them to the use of the said corpora? tion. Sec. 8. That the said Town Council of Town ville shall also be empowered to retain, possess and enjoy, for the use and benefit of said town, all such property as they may now be possess? ed of or entitled to, or which shall hereafter be given, bequeathed to, or in any manner ac? quired by them in their corporate capacity ; and to sell, alien, or in any way transfer the same, or any part thereof: Provided, The amount of property so held, or stock invested, shall in no case exceed the sum of ten thousand dollars. Sec. 9. That the said Town Council of Town ville shall also have power to impose an annu? al tax on all real ana personal property within the corporate limits of said town, except the property belonging to churches and schools : Provided, Said tax shall not exceed ten cents on the hundred dollars. Sec. 10. That the Intendant and Wardens of the town of Townvillc shall have power to regulate sales at auction within the limits of said town, and to grant licenses therein to auctioneers: Provided, That nothing herein contained shall extend to sales by or tor Sher? iffs, Coroners, Clerks of Courts and Judges of Probate, Executors and Administrators, As? signees, Referees and Constables, or by any other person, under the order of any Court. Sec. 11. That the Intendant and Wardens of the town of Townvillc shall have power and authority to require all persons owning a lot or lots therein to keep in repair the sidewalks ad? jacent to their lots, respectively; and, for de? fault in this matter, shall have power and au? thority to impose a fine not to exceed ten dol? lars. Sec. 12. That the power to refuse or grant licenses, to keep a tavern, or to retail intoxica? ting drinks, be, and the same is hereby, vested in the Town Council of Townvillc; and that they be, and are hereby, also invested with all necessary power, by ordinance or ordinances, to suppress or to regulate the sale of intoxicating drinks, to be drank at the place where sold, or in or upon any of its appurtenances, or in or upon any of its highways, streets, lanes, alleys, commons, kitchens, stores, shops, public build? ings, booths, stalls or out-houses of the said town, or within one-half mile of the limits of the said town : Provided, That no rule or reg? ulation shall be made inconsistent with the Constitution and laws of the State. Sec. 13. The said Town Council shall have power, under the hand and seal of the Inten? dant, to issue execution, directed to the Mar? shal of the said town, to collect all taxes and tines imposed by said Council by virtue of au? thority in them vested by this Act. and the Marshal of said town is hereby invested with all the powers and authority conferred by law upon Constables, to enforce the satisfaction of such executions, in the same manner, and to the same extent. Sec. 14. That the said Town Council shall have power to appoint a Clerk and Treasurer, annually, and to delino their duties and respon? sibilities. Sec. 1?. That this Act shall be deemed and taken to be as a public Act in all the Courts of Justice in this State, aud shall continue of force until repealed. Approved March 13, 1S72. Ax Act for the protection axd preser? vation OK rsKKl'i. animals. Section 1. De it enartett by the Senate and House of Representatives of the State of South Carolina, now met and setting in General As? sembly and by the authority of the same: That it shall not be lawful for any person in this State to kill any deer, or worry them with dogs, or otherwise, with the intention of de? stroying them, between the 1st day of January and the 1st day of September, in any year hereafter. Sec. 2. That any person violating the forego? ing provisions of this Act, shall, upon convic? tion thereof, be fined not less than twenty dol? lars, or be imprisoned not loss than twenty days, which fine, if imposed, shall be recover? able before any court of competent jurisdic? tion ; one-half thereof shall go to the informer, and the other half thereof to the school fund of the said county. Sec. 3. That any person in whose possession recently killed venison, or fresh deer skins, shall be found, between the dates above men? tioned, shall be liable to the same penalty as those violating section 2 of this Act. Sec. 4. That it shall not bo lawful for any person, in this State, between the 15th day of February and the l?tii day of October, in any year hereafter, to catch, kill, or injure, or to pursue, with such intent, or sell, or expose for sale, any wild turkey, partridge, dove, wood? cock, snipe or pheasant; and any person found ! guilty thereof shall bo fined not less than ten dollars, or be imprisoned not less than ten day, which line, if imposed, shall go, one-half there? of to the informer, and the other half thereof I to the school fund of the county where the of ! fensc was committed. I S.'C ?. That it shall not be lawful for any j person, in ibis State, to wantonly sho it or en? trap, for the purpose of killing, or in any other manner destroy any bird whoso principal food is insects, or take or destn y the eggs or young of any of the species or varieties of birds I that are protected by the provisions of this ' Act, comprising all the species and varieties of ! birds represented by the several families of I swallows, bats, whip-poor-wills, fly-catchers, ! thrashers, warblers, finches, larks, orioles, uut ? hatchers, wood-peckers, humming birds, mock I ing birds, blue-birds, red-birds and roliu;, and 1 all other species and varieties of land b r Is, ! whether great or small, of every description. ' regarded as harmless in their habits,and whose I flesh his unfit for food, including the turkey i buzzard, but excluding the jackdaw, the crow, j the crow blackbird, the eagle, and all hawks : and owls, which prey upon other birds; aud 1 any person violating the provisions of this sec? tion shall, on conviction thereof, forfeit aud pay a fine of ten dollars, or be imprisoned not. less than ten days, which line, if imposed, shall go, one-half to the informer, ::M<i (.he other half thereof to the school fund of the bounty in which the offense was eommiiixd: Provided, That no person shall he prevented from pro? tecting any crop of fruit or grain on his own lands from the depredations oi any birda here? in intended to be protected. Sec. G. Whenever a person shaii have made or created an artificial pond on his own land, and shall put therein any fish, or the eggs of any fish or oyster, for the purpose of breeding and cultivating fish or oysters, and shall give notice thereof, by written or printed handbills, put in public places near said pond ; and any person who shall thereafter enter in or about such pond for the purpose of fishing, or shall catch, or take away any fish or oysters there? from, or shall be guilty of committing any tres? pass upon any artificial fish pond by fishing iu the same, or in any manner using any means to destroy the fish or oysters raised or collected in such pond, or by breaking the dam or dams for the purpose of permitting the fish or oys? ters to escape, or by poisoning the same, or in any manner destroying or injuring the same; and any such person or persons, upni convic? tion, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than twenty dollars r.or more than one hundred dol? lars, or be imprisoned at the discretion of the court; which fine, if imposed, shall go, one half thereof to the informer, and the other half thereof to the person or persons whose property shall have been injured: Provided, That nothing in this section shall be construed as applying to ponds used as water power for manufacturing purposes. Sec. 7. That it shall not be lawful for ai y person in this State, after the 1st day of April, (1872) to take any trout from the streams there? of, by impregnating the waters with poisonous or deleterious substances; and any person vio? lating this provision shall, upon conviction thereof, be fined ten dollars for every such of? fense, or be imprisoned not less than ten days, which fine, if imposed, shall go one half there? of to the informer, and the other half to the school fund of the county in which such of? fense shall have been committed. Sec. 8. This Act shall take effect from and after its pa^ige. Approved March 12,1872. An Act to incorporate the grand divi? sion of the sons of temperance, of south carolina. Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same: That Oliver Hewitt, W. W. Pemberton, Thomas J. LaMotte, W. B. Timmons, W. T. D. Cousar, G. G. Patrick, E. E. Sell, 11. D. Town send, A. M. Kennedy, Kev. J. J. Claudius Mil? ler, G. W. Turner, 1*. W. Kennedy, M. W. Felder, L. L. Rice, S. H. Tindal, and others who now are, or may hereafter become, officers ai.d members of the Grand Division of the Sons of Temperance, and their successors, officers and members, be, and they arc hereby declared to be, a body corporate and politic, by the name and style of the "Grand Division of the Sons of Temperance, of the State of South Caro? lina," and that the said corporation, by its cor? porate name, may sue and be sued, plead and be implcaded, in the Courts of this State, and shall be enabled and empowered in law to pur? chase, have, hold, enjoy and possess chattels, lands, tenements or real estate, of what kh:d and nature soever, aud the same, or any part thereof, to sell, alien or convey, at their will and pleasure : Provided, That the property so held shall not exceed the annual value of fifty thousand dollars; and the sHid corporation shall have power to make a common seal, with power to change and alter the same as often as they shall deem necessary. Sec. 2. An I be it farther enacted, That this Act shall be deemed and taken to be a public Act, and shall continue in force until repealed. Approved March 13,1S72. An Act legalizing certain marriage*, and for other purposes therein men? tioned. Section 1. Be it enacted by the Senate and House of Representatives of the Suite of South Carolina, now me* and sitting iu General As? sembly, and by the authority of the same : That all persons in the State of South Caro? lina who, previous to their actual emancipa? tion, had undertaken and agreed to occupy the relation to each other of husband and wife, and arc cohabiting as such, or in any way re? cognizing the relation as still existing at the time of the passage of this Act, whether the rites of marriage have been celebrated or not, shall be deemed husband and wife, and be en? titled to all the rights and privileges, and be subject to all the duties and obligations ofthat relation, in like manner as if they had been duly married according to law. Sec. 2. And all of their children shall be deemed legitimate, whether born before or af? ter the passage of this Act; and, when the parties have ceased to cohabit before the pass? age of this Act, in consequence of the death of the woman, or from other cause, all of the children of the woman recognized by the man to be his shall be deemed legitimate: Provided; however, That no provision of this Act shall be deemed to extend to persons who jnue agreed to live in concubinage after their eman? cipation. See. 3. All Acts or parts of Acts inconsistent' with this Act are hereby repealed. ' Approved March 12, 1872. AN ACTTO amend an act entitled "An ACT to secure advances for agricultural purposes." Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same: That an Act entitled "An Act to secure ad? vances for agricultural purposes," approved the twentieth day of September, A. D. 18iJG, be amended by inserting, in the fourth line of the first Section, between the words "supplies" aud "to," the words "advances or medical atten? dance by any physician." Sec. 2. That all the provisions and remedies in said Act, relating to persons who advance supplies for agricultural purposes, shall apply to persons advancing medicines or medical at? tendance as a physician, ami also to blaek smiihs who claim liens for wn-k performed on plantation blacksmiths' tools ; who pursue their trade or calling not within the limits of any in? corporated city, town or village within this State: Provided, That the fee for each and ev? ery visit by a physician shall not exceed one dollar, anil ten cents per mile, which price shall embrace the prescription. Approved March 12, 1S72. an Act to empower fathers to legitimier certain children by last will and tes? tament. Section 1. Beit enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General As? sembly, and by the authority of the same : That white "fathers of children, born of black or colored mothers who were formerly held as slaves, either during the time of such mothers' servitude, or since emancipation, the cohabita? tion between the parents of such children being still continued, be, and the Fame are hereby, authorized to so far legitimize such children, by last will and testament, as to enable them to possess and enjoy all rights, titles and heredita? ments the same as lawful children born in wed? lock : Provided, however, that no such father may have been married during or at any time previous, whose wife was then living, or who since may have broken off such cohabitation for ti e purpose of marriage, or any other cause, shall be entitled to the power conferred by the provisions of this Act. Approved March 12, 1872.