Charter and Ordinances of the City of Greenville

12 CHARTER OF THE CITY OF GREENVILLE

pensated [compensated] by Council for their services; and any person [left margin] Penalty for refusal to serve. so appointed as assessor, and refusing to act, may be fined by the City Council not exceeding twenty-five dollars.

[left margin] Guard house. SEC. 26. That the said City Council shall have power to establish a guard house, and to prescribe by ordinance or by-laws suitable rules and regulations for governing the same; and they shall likewise have power to erect a [left margin] Powder magazine. powder magazine, and to require all persons holding more than twenty-five pounds of power to store tne same therein; Provided, Nothing herein contained shall be construed to prohbit the erection of private powder magazines for the storage of powder under the direction of said City Counil, and to make regulations for the rates of storage and for keeping and delivering the [left margin] Forges and founderies. same; and they shall have power to prohibit the building and using of any blacksmith shop, forge, furnace or foundry on Main street, or in any public part of the city.

SEC. 27. That the said acting Mayor shall have power and authority to try all offender arrested by the police of the city as soon after such arrest as may be practicable [left margin] Powers as to offenders. and to sentence each effenders to pay a fine not exceeding one hundred dollars or be imprisoned not exceeding thirty days, in the discretion of the Mayor or acting Mayor, unless the same be limited by ordinance. when the sentence shall conform to such ordinance Any person sentenced to imprisonment directly or in consequence of failure, to pay the fine imposed may, during the term of imprisonment, be required to work [left margin] Working of streets as a punishment. the roads, streets or ways of said city, and be further liable for all costs and expenses of said arrest and imprisonment.

SEC 28. That in all cases of trials before the Mayo's Court for the violation of any of the ordinances, rules and regulations of said corporation, or fo the default in [left margin] Notice to persons accused the performance of street, or road, or patrol duty, the party charged shall be summoned by a a written notce under the hand of the Maoyr, or one of the Alderman

CHARTER OF THE CITY OF GREENVILLE 13

or of their Clerk and Treasurer, stating the offence charged and the time and place of appearance; and such summons shall be served by one of the policemen of said town, either by delivering a copy thereof to the parties charged personaly, or by leaving a copy at the most notorious place of residence of the said party; which service shall be made at least one day previous to said trial, unless the party charged by a non-resident of said town, in which case the summons may be served at any time previous to the trial. And said mayor, or acting mayor, shall have power to compel the attendance of witnesses upon such trial by summonses in writing, to be served in the manner aforesaid, at any time previous to the said trial.

SEC. 29. That the said City Council shall have power and authority to require all persons owning land in said city to inclose it, if in their judgment the safety of the public requires it, and to make and keep in good repair, sidewalks along any public street or road adjoining said land, whenever the same may be deemed necessary, and the right and manner of construction of such sidewalk shall be designated by said City Council; and on default or refusal, after reasonable notice, to keep in repair such sidewalk, the said City Council may cause the same to be made or repaired, and require the costs of such making and repairing to be paid by such land owners, and the said amount may be recovered, in an action for debt, in any court of competent jurisdiction.

SEC. 30. That the said City Council shall have power and authority to close all such roads, streets, and ways within the said city 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 the said city; and they shall have power and authority to lay out, adopt, alter, widen and open all such streets, roads and ways as they may from time to time deem necessary for the improvement and convenience of the said city; Provided That the owners of lands over which any such

14 CHARTER OF THE CITY OF GREENVILLE

Compensation. [in border]

Commissioners to assess damages [in border]

Appeal. [in border]

road, street or way may pass, and any person damaged by the closing or from the altering of any such street, road or way, shall be duly compensated therefor by the City Council; and whenever any road, sttreet or way is to be laid out, closed, opened or widened. In case the said City Council, and the owners of land over which the same shall pass, or the person damaged by the closing or altering as aforesaid, cannot agree upon the amount of compensation to be paid to such owners or persons, the same shall be assessed by three Commissioners to be appointed , one by the City Council, one by the land owner or person damaged, and the third by the two Commissioners thus appointed; and in case any land owner shall neglect or refuse to appoint a Commissioner within five days after notice so to do, then the chairman of the Board of County Commissioners of the County of Greenville shall appoint a Commissioner, who, with the one appointed by the City Council, shall select the third Commissioner: Provided, That either party may appeal from such assessment to the Court of Common Pleas for said county, by serving written notice of such appeal upon the other party within five days after such assessment shall have been made, when the issue of value shall be submitted to a jury.

Right to borrow money and issue bonds. [in border]

Not exceeding $100,000. [in border]

To be paid by taxation. [in border]

SEC.31. That the said City Council shall have power to borrow money for the public use of the corporation by issuing from time to time, as occasion may require, the bonds of said corporation, bearing interest at a rate not exceeding seven per centum per annum, to be paid semi-annually, for an amount not to exceed the sum of one hundred thousand dollars ($100,000): and for the payment of the interest and the ultimate redemption of the priincipal, according to the terms of the loan, the said corporation shall be at all times liable: Provided, That the property of the inhabitants of said city shall be bound for the redemption of said loan in no other way than by the imposition of an annual tax, according to the provisions of this Act.

SEC. 32. That the City Council shall within one month

CHARTER OF THE CITY OF GREENVILLE 15

after expiration of their term of office make out and publish a full 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 belonging to the corporation, and upon failure so to do they will be liable to indictment and be subject to panalties prescribed in Section 33 of this Act.

Statement to and settlement with successors. [in border]

Penalty. [in border]

SEC. 33. That for any willful violation or neglect of duty, malpractice, abuse or oppression, the said Mayor and Aldermen severally shall be liable to indictment in the Court of General Sessions, and, upon conviction, to punishment by fine not exceeding five hundred dollars and to imprisonment not exceeding twelve monhts, besides being liable for damages to any person injured.

Misfeasance and nonfeasance. [in border]

Punishment. [in border]

SEC. 34. That all ordinances heretofore passed by the Mayor and Aldermen of Greenville, under existing laws be, and they are hereby declared to be, of full force and effect in said City of Greenville.

Ordinances validated. [in border]

SEC. 35. This Act shall go into effect immediately upon its passage, and all Acts and parts of Acts inconsistent with this Act be, and they are hereby, repealed; and this Act shall be deemed and be taken to be a public Act and shall continue in force for the term of twenty-one years and until the end of the session of the General Assembly then next insuing.

To go into effect at once. [in border]

Repealing clause [in border]

Public Act for 21 years. [in border]

In the Senate House, the twenty-second day of December, in the year of our Lord one thousand eight hundred and eighty-five.

J.C. SHEPPARD, President of the Senate.

JAMES SIMONS, Speaker House of Representatives.

Approved December 22d, A.D. 1885.

HUGH S. THOMPSON, Governor.

1885 + 21 = 1906 [hand written formula at bottom of page]

Oath Administered to Mayor and Aldermen of City of Greenville.

Do you solemnly swear that you are duly qualified according to the Constitution of the United States, and of this State, to exercise the duties of the office to which you have been elected, and that you will faithfully discharge, to the best of your abilities, the duties thereof; that you recognize the supremacy of the Constitution and laws of the United States over the Constitution and laws of any State, and that you will support, protect and defend the Constitution of the United States and the Constitution of South Carolma as ratified by the people on the 16th day of April, 1868.

As Mayor of the City of Greenville, you will faithfully and impartially, to the best of your ability exercise and discharge the trust reposed in you, and will use your best endeavors to preserve the peace, and to carry into effect according to law the purpose for which you have been elected. So help you God.