A. D. 1892. No. 158. Preamble. Claim to be approved and paid. A JOINT RESOLUTION TO AUTHORIZE AND REQUIRE THE Whereas the School Trustees of School District No. 6 of Edgefield County, on April 19th, 1892, gave to Miss Kate Luther an order on the County Treasurer of said County for thirty-eight dollars and forty cents, as the amount allowed her for teaching a public school in said district for the month commencing January 4th, 1892, and ending February 26th, 1892, which order the School Commissioner for said County has refused to approve and order paid, on the ground that the school funds for said district was exhausted for the then current year; now, therefore, SECTION 1. Be it resolved by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the said School Commissioner be, and he is hereby, authorized and required to approve and to order the said order and school claim to be paid out of the school fund for said district now or hereafter in hands of the County Treasurer, and the County Treasurer of said County shall pay the same to Miss Kate Luther, the said teacher, accordingly. Approved December 20th, A. D. 1892. No. 159. AN ACT TO RENEW AND AMEND THE CHARTER OF THE TOWN OF EDGEFIeld. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That Incorporation. from and after the passage of this Act all persons who are citizens of this State and who may have resided for sixty days (60) within the corporate limits of the town of Edgefield shall be deemed, and are hereby declared to be, a body politic and corporate, and Name and be called the town of Edgefield, and its limits shall extend and form a circumference of a circle, whose radius shall be one mile, with the court house thereof for a centre. limits. Intendant and Wardens. SEC. 2. That the mnuicipal powers of said town of Edgefield shall be, and they are hereby, vested in an Intendant and five (5) Wardens, who shall be persons Constitutionally qualified to vote for members of the General Assembly of this State and who shall have resident within the corporate limits of the said town for sixty (60) days preceding the election to said office. A. D. 1892. Term. Electors. hours. SEC. 3. That the election for the Intendant and Wardens of Election. said town shall be held on the second Monday in April of every year, ten (10) days' notice being previously given, and the officers Notice. elected shall continue in office for term of one (1) year, and until the election and qualification of their successors, and all such persons within said town who shall have attained the age of twenty-one (21) years, and resided within the said town for sixty (60) days and in the State twelve months, immediately preceding the election shall be entitled to vote for said Intendant and Wardens of the said town; a registration of all voters of said Registration. town, as a prerequisite to voting at any election for Intendant and Wardens thereof, shall be required; and for this purpose full power is hereby vested in the Town Council of said town to prescribe the time, place, manner and terms of said registration of voters by an ordinance for that purpose; and the said election shall be held in some convenient place in said town from nine (9) Place and o'clock in the morning to four (4) o'clock in the afternoon, and when the polls shall be closed the Managers shall forthwith count Duty of Manthe votes and declare the election, giving notice in writing to the persons elected. The Intendant and Wardens for the time being shall appoint the managers to conduct the election, who, before opening the polls of the said election, shall take an oath fairly and impartially to conduct the same; and the Intendant and Wardens, before entering upon the duties of these offices, shall respectively take and subscribe the oath prescribed by the Constitution and Statutes of this State, and the following oath, to wit: "As Intendant and Wardens of the town of Edgefield, I will equally and impartially, to the best of my 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 purposes for which I have been elected, so help me God." And if any person upon being elected Intendant and Warden shall refuse to act as Refusal to serve such, he shall forfeit and pay the said Town Council the sum of twenty dollars for the use of said town. agers. Oaths. SEC. 4. That said Intendant and Wardens are empowered to Ordinances. pass all ordinances, rules and regulations for the fair and just management of said election, and to prevent any fraudulent A. D. 1892. Punishments. Quorum. voting thereat, and to punish all offenses against the same by fine SEC. 5. That the Intendant and Wardens, or, in the absence of the Intendant, three Wardens, shall constitute a quorum for the transaction of business; and in case a vacancy shall occur in the office of Intendant or Wardens by death, resignation, removal, or for any other cause, an election to fill such vacancy shall be held by appointment of the Intendant and Warden or Wardens, as the case may be, which election shall be conducted in all respects and be subject to all the regulations hereinbefore provided for annual elections; and in case of sickness or temporary Intendant pro absence of Intendant, the Wardens shall be empowered to elect one of their number to act as Intendant for the time. tem. Trial of offenders. SEC. 6. The said Intendant shall have power and authority to try all offenders against the ordinances of said town in an ordinary manner, without a jury, upon their apprehension or arrest, or as soon thereafter as possible, unless such persons enter into Recognizances. good and sufficient surety, to be approved by the said Intendant, or, in his absence or inability to serve, by the Clerk of the Town Council, to appear for trial within five days after such arrest, or at such other time as be agreed upon, or in which event the trial Fine or im- shall be deferred until that time. Whenever the said Intendant prisonment. shall find a party tried before him guilty of violating an ordinance of the said town he shall have power to impose, in his discretion, fine or imprisonment, in the alternative, not to exceed the limits. prescribed for such violations. From all decisions of the said Intendant any party in interest feeling himself aggrieved shall have the right of appeal to the Town Council: Provided, He gives notice of such appeal immediately upon the sentence being pronounced and enter security to appear and defend before the Town Council at any time, to be specified in such undertaking, not less than five nor more than ten days after date of such undertaking. In all cases of appeal to the Town Council, the Intendant shall preside, or some Warden as herein before provided, and Hearing of ap- the Wardens shall sit as a jury to try the facts involved, and may also reverse, modify or affirm any or all of the rulings of the Intendant in the first trial before the Intendant or Town Coun Appeals. peals. Summons to cil. accused. The party charged shall first be served with the summons, citing him to such trial, in which shall be stated with reasonable accuracy the nature of the charge and the time and place of its alleged commission: Provided, further, That the defendant shall have the same right of appeal to the Circuit Court as is now allowed by law to all parties appealing from a Trial Justice Court. A. D. 1892. Right of appeal. ings. Limit. SEC. 7. The Intendant shall have authority to summons the Council meetWardens to meet in Council for the transaction of business pertaining to the corporation whenever in his judgment it may be necessary. They and their successors hereafter to be elected shall Powers. have and keep a common seal, which shall be affixed to all ordinances passed by them; they may sue and be sued, plead and be impleaded, in any Court of law or equity in this State; and may purchase, hold and possess, and enjoy, for the trusts herein con- Property rights. tained, by them and their successors, in perpetuity or for a term of years, any estate, either real, personal or mixed, and sell, alien and convey the same at will: Provided, The same does not at any one time exceed in value the sum of fifty thousand dollars; and the said Town Council shall have full power to make, ordain or Ordinances. establish all such rules, by-laws, regulations or ordinances respecting the roads, streets, markets, police, health and order of said town as shall appear to them necessary and requisite for the security, welfare and convenience of the said town, or for the preserving of the health, peace, order and good government within the same; and the said Town Council may fix and impose fines and penalties for the violation of the same not to exceed the sum of one hundred dollars and imprisonment for thirty days, and appropriate all revenues arising therefrom to the use of said corporation: Provided, Such ordinances, rules, by-laws and regulations be not contrary to the laws of this State. Fines and penalties. SEC. 8. The said Intendant or Warden may sentence persons Labor on streets convicted of violation of any of the ordinances of said town to fine or imprisonment, in the alternative, as may be provided, and any person sentenced to imprisonment directly or in consequence of failure to pay the fine imposed shall during their term of imprisonment be required to work upon the streets of said town, unless they be expressly exempted therefrom in the sentence pronounced by the Mayor. SEC. 9. That the Intendant and Wardens shall have full and Liquor licenses. only power to grant or refuse licenses to keep taverns or retail spirituous liquors within the corporate limits of said city upon such conditions and under such regulations as to them shall seem right and proper: Provided, That in no instance shall the price of a license to keep a tavern or retail spirituous liquors be fixed at a less sum than is established by the laws of this State, and License fee. A. D. 1892. Appropriation. Streets. tation tax. all moneys paid for licenses and for fines and forfeitures for retailing spirituous liquors, keeping taverns and billiard tables within the said limits shall be appropriated to the public uses of said town. SEC. 10. That it shall be the duty of the Intendant and Wardens to keep all roads, streets and ways within their corporate Street commu- limits open and in good repair. 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 by ordinance shall establish, the money so received to be applied to the public use of said town. All persons failing or refusing to pay such commutation shall be liable to such fine, not exceeding twenty dollars, or imprisonment, not exceeding ten days, as the Town Council may impose. Penalty. Auction sales. SEC. 11. The said Town Council shall have power to regulate sales at auction within the limits of said town and to grant Exceptions. licenses to auctioneers: Provided, That nothing herein contained shall extend to sales by Sheriff, Clerk of Court, Judge of Probate, Coroner, executor or administrator, assignee in bankruptcy, or by any out of the order, decree of any Court, Trial Justice or other inferior Court. Shows. zine. SEC. 12. The said Town Council shall have the right to regulate the price of licenses upon all public shows and exhibitions Powder maga- in the said town; to erect a powder magazine and compel any person or persons holding more than twenty-five pounds of powder to store the same therein, and to make regulations for the rate of storage thereof, and for keeping and delivering the same, and to provide a penalty for the said regulation. Other licenses. SEC. 13. That the said Town Council shall have full power to grant or refuse licenses to butchers, livery stables, drivers of public drays or vehicles, ten-pin alleys, or any other kind of game, exhibition or sport of skill of chance within the limits of Appropriation. said town, and the said Town Council shall appropriate the revenues derived from the sources related in this Section to the public use of said corporation, and shall have full power to regulate by ordinances the granting of the said licenses and the imposition of the said taxes and to prescribe penalties for the violation thereof. Fire limits. SEC. 14. That the said Town Council shall have the power to prevent the erection of any wooden or frame building within. such fire limits as they may see fit to prescribe. SEC. 15. That the said Town Council shall have full authority |