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AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO CEDE TO
FERGUSON H. BARBER AND OTHERS ALL THE RIGHT, TITLE
AND INTEREST OF THE STATE OF SOUTH CAROLINA IN CER-
TAIN PARTS OF THE ROCKY MOUNT CANAL, IN CHESTER
COUNTY."

A. D. 1892.

No. 42.

A. A. 1887, 19 Stat., 996, ex

Proviso.

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 the Act entitled "An Act to cede to Ferguson H. Barber and others all the right, title and interest of the State of South Carolina in tended. certain parts of the Rocky Mount Canal, in Chester County," be, and the same is hereby, amended, so that after the word "Provided, also," said Section shall read: Operations are begun and the sum of ten thousand dollars expended by said parties, their heirs and assigns, towards utilizing the water power of the said river for manufacturing purposes within five years from the first day of January, A. D. 1893. Any moneys expended in opening the said canal shall be deemed a part of the said ten thousand dollars: Provided, also, That within said period of five years that the parties herein named, or some company of which they are stockholders, shall erect a factory or factories at a cost of fifty erected. thousand dollars.

Approved December 24th, A. D. 1892.

Factory to be

AN ACT TO LIMIT THE PUNISHMENT OF PERSONS CONVICTED No. 43.
OF THE FOLLOWING MISDEMEANORS, NAMELY: CARRYING
CONCEALED WEAPONS, SELLING PROPERTY UNDER LIEN
WHEN THE PROPERTY DOES NOT EXCEED $20 IN VALUE,
MALICIOUS TRESPASS, MALICIOUS MISCHIEF, DISTURBING
RELIGIOUS MEETINGS, AND RIOTS WHEN NO WEAPONS ARE
ACTUALLY USED OR WOUNDS INFLICTED.

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 on and after the passage of this Act, any person upon conviction of any one of the following named misdemeanors shall be subject and liable for each offense to a fine not to exceed one hundred dollars,

Punish ment prescribed.

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or to imprisonment for a term not exceeding thirty days, to wit: Carrying concealed about the person any deadly weapon, such as are enumerated in Section 2472 of the General Statutes; disturbing a religious meeting in any way, or otherwise violating the provisions of Section 1635 of the General Statutes, when no weapons were actually used and no wounds inflicted; all riots, routs and affrays where no weapons were actually used and no wounds inflicted; malicious mischief and malicious trespass as contemplated in Sections 2500 and 2501 of the General Statutes; disposing of property under lien, when the value of such property does not exceed twenty dollars.

SEC. 2. That all Acts and parts of Acts inconsistent with this Act be, and are hereby, repealed.

Approved December 24th, A. D. 1892.

No. 44. AN ACT TO ENTITLE ALL PERSONS CHARGED WITH FORGERY TO THE BENEFTT OF AN ARRAIGNMENT AND CHALLENGE OF JURORS AS IN CASES OF FELONY.

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 from and after the passage of this Act any person or persons who are now indicted or may hereafter be indicted for forgery shall Arraignment be entitled to all of the incidents of an arraignment as in cases of felony, and shall be entitled to peremptory challenge of jurors not exceeding ten.

authorized.

Challenges.

Repealing

clause.

No. 45.

Preamble.

SEC. 2. That all Acts or parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

Approved December 24th, A. D. 1892. .

AN ACT TO RATIFY AND CONFIRM THE CONTRACT MADE and
ENTERED INTO BY AND BETWEEN THE BOARD OF DIRECT-
ORS OF THE SOUTH CAROLINA PENITENTIARY AND THE
COLUMBIA ELECTRIC STREET RAILWAY, LIGHT AND POWER
COMPANY FOR THE DEVELOPMENT OF THE FIVE HUNDRED
HORSE POWER OF WATER POWER RESERVED BY THE STATE
OF SOUTH CAROLINA FOR THE USE OF THE SOUTH CAROLINA
PENITENTIARY, ALONG THE LINE OF THE COLUMBIA
CANAL.

Whereas, At a regular meeting of the Board of Directors of the South Carolina Penitentiary, held in the city of Columbia on

A. D. 1892.

Contract re

cited.

the 17th day of May, A. D. 1892, a resolution was unanimously adopted authorizing and instructing the Superintendent of the South Carolina Penitentiary, on behalf of the said Board, to enter into a contract with the Columbia Electric Street Railway, Light and Power Company for the development and utilization of the five hundred horse power of water power reserved by the State of South Carolina for the use of the South Carolina Penitentiary, along the line of the Columbia canal; and, whereas, the Superintendent of the South Carolina Penitentiary, pursuant to the said resolution of the said Board, did, on the 26th day of May, A. D. 1892, execute a contract with the said the Columbia Electric Street Railway, Light and Power Company, for the development and utilization of the said water power upon certain terms expressed in the said contract; and, whereas, the said the Columbia Electric Street Railway, Light and Power Company, pursuant to the said contract, has erected extensive mason work, under the conand has placed thereon water wheels for the development of the tract. said five hundred horse power of water power, and erected thereon all necessary buildings, shafting, etc., with all necessary water wheels, gate ways, and other structure for the complete development and use of the said water power, and has in all other respects fully complied with the terms of the said contract; Now, therefore,

Work done

Contract confirmed.

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 the said contract by and between the Board of Directors of the South Carolina Penitentiary, and the Columbia Electric Street Railway, Light and Power Company, for the development of the said water power, be, and the same is hereby, ratified and confirmed, subject, however, to all of the conditions, limitations and restric- Limitations. tions in the said contract provided.

Approved December 24th, A. D. 1892.

AN ACT TO PROVIDE FOR AND REGULATE THE INCORPORATION No. 46.

OF TOWNS IN THIS STATE OF ONE THOUSAND OR MORE IN-
HABITANTS.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting

A. D. 1892.

Charter vided for.

pro

in General Assembly, and by the authority of the same, That from and after the passage of this Act, every town in this State of one thousand or more inhabitants, whose charter has now expired or shall hereafter expire, or which has not heretofore been chartered, shall have all the rights, powers and privileges set forth and granted by this Act, and shall be subject to all the provisions and limitations herein contained; and the Act of incorContents of poration of such town shall contain: 1. The names of the corincorporation. porators. 2. The name of the town. 3. The limits of the town. 4. A reference to this Act by its title. 5. Such special exceptions to the provisions herein contained, or such additions thereto, as the General Assembly may enact for the better carrying out the purpose of the incorporation. 6. The duration of the charter.

special Acts of

Intendant and Wardens.

name of Coun

cil.

SEC. 2. Said town shall be governed by an Intendant and six Wardens, who shall be citizens of the United States and who shall be persons who actually reside in the corporate limits of said town, and have so resided at least six months immediately preCorporate ceding the day of their election. The said Intendant and Wardens shall be, and be known as, the Town Council of said town, and shall be elected every two years, on such day and at such place in said town as shall be designated by the Town Council of said town, ten days' public notice thereof being previously given. Term of office. They shall hold their offices for the term of two years, and until their successors shall have been elected and qualified.

Election.

Place and hour of election.

Managers.

Electors.

Appointment of Managers.

Publication of

notice.

SEC. 3. All elections shall be held in some convenient public place in said town; the poll shall be open from seven o'clock in the forenoon to four o'clock in the afternoon, and shall be conducted by managers who shall be appointed as hereinafter provided for.

SEC. 4. All the male inhabitants of said town, who at the time of an election have resided within the proposed corporate limits of said town for the space of three months next preceding any election for Intendant or Wardens, or both, and who are qualified to vote in State elections, shall be entitled to vote in such elections.

SEC. 5. In all cases where any such town has heretofore been incorporated, three managers of election shall be appointed by the Town Council of such town at least ten days before the day fixed for the holding of an election for Intendant and Wardens, or either of them, and the names of such managers shall be published at the same time and in the same place as the notice of

such election herein before provided for. In case such town has A. D. 1892. not heretofore been incorporated such managers shall be appointed, and the notice of election above provided for given by Notice by Counthe County Commissioners of the County wherein said town is ers. located.

ty Commission

Oath of Mana

gers.

Report.

result.

SEC. 6. The managers shall be sworn by the Intendant, or, in his absence or in case of disability, by one of the Wardens of said town, or in case there is no Intendant or Wardens, then by any officer authorized to administer oaths, fairly and impartially to conduct such election and make a true return of the result thereof. Immediately upon the closing of the polls the managers shall pro- Count of votes. ceed to count the votes cast and shall continue such count until the same is completed, and make a statement of the whole number of votes cast in such election, together with the number cast for each person voted for for Intendant and Warden, upon the completion of which they shall transmit such statement to the Town Council of such town, and in case there be no Town Council they shall proclaim the election and transmit a copy of Declaration of such statement to the Clerk of the Court of the County wherein such town is situated, and notify the parties elected of their election; and the said Intendant or Clerk of Court shall, immediately upon receipt of such statement or report of the managers, open and publish the same by announcing the whole number of votes cast for each person voted for as Intendant or Warden. The person securing the highest number of votes for Intendant shall be declared duly elected to that office, and the persons receiving the highest number of votes for Wardens, in number equal to the number of Wardens to be chosen, shall be declared duly elected to that office. Such Intendants and Wardens, before entering upon the duties of their respective offices, shall Oath of Intendtake the oath prescribed by the Constitution, and also the following oath, to wit:

"As Intendant (or Warden) of the town of —, I will equally, fairly and impartially, to the best of my ability and skill, 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."

SEC. 7. In case a vacancy occur in the office of Intendant or Warden by death, resignation, or otherwise, all elections to fill such vacancies shall be held in the same manner and after the same notice as herein before provided.

SEC. 8. In case of a contest or protest as to any municipal or special election held under this Act, or by virtue of the incor7-A (2500)

ant and Wardens.

Election to fill vacancies.

Contests and

protests.

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