AN ACT TO PREVENT APPROPRIATIONS OF MONEY OTHERWISE THAN BY AN ACT OF THE LEGISLATURE. Faust. 84. Passed 1796. 2. WHEREAS, daily experience evinces the impropriety of the Legislature's granting money for any purpose, in any other mode than by virtue of an Act of the Legislature : Be it therefore enacted, &c. That after the passing of this Act, No. 16. no sum of money shall be directed to be paid away out of the No appropriation made, debt Treasury of this State, unless the same be done by an Act to be discharged, or passed for that purpose; and that no person who now is, or here- right conveyed from State, but after may be indebted to the State, in any manner whatever, by Act. shall be exempted or relieved, in part or in the whole, from the payment thereof; nor shall the State be divested of any right or interest whatever, for the purpose of vesting the same in any individual, by any other means than under and by virtue of an Act to be passed for that purpose. See Law, in Indexes to Constitutions of South Carolina and U. States. LEGISLATIVE LIBRARY AND RECORDS. ACT 1814.-p. 55. No. 17: priation for That the sum of five hundred dollars be annually appropriated Annual appro for the purchase of a Library for the use of the Members of the Library. Senate and House of Representatives of this State. JOINT RESOLUTION-1814. pp. 93, 100. A Joint Committee appointed to purchase suitable. Books, and make proper arrangements for the establishment of the Library, JOINT RESOLUTION-1816. p. 102. No! 18. Duty of Libra Authorizing the President of the Senate and Speaker of the House "to appoint a Librarian, who shall give constant attendance at the Library Room, during the Session of the Legistature, to furnish rian. Books to the Members, and to observe such rules as shall, from time to time, be prescribed by the Book Committee: and that the Librarian receive, as a compensation for his services, the sum of one hundred dollars." See next page, No. 19. No. 19. State of Legislative Records. Charleston to REPORT ADOPTED-1833. p. 12. The Joint Committee of the Senate and House of Representatives, to which was referred the Resolution concerning the keeping of the State House, and Records of the Legislature, beg leave to Report: That they have examined the state of the Records of the Legislature, and find them in the most deplorable condition. They have been thrown into closets, as though they were mere rubbish. In many instances, they are irretrievably destroyed, and nearly all of them more or less injured. The floor, shelves, and chairs are covered with them, in utter confusion and disorder. Scarcely a roll of the House has been preserved; those that exist, are so defiled, as to defy the touch of the hand. In short, it is difficult to describe the disgraceful condition which the Records of the Legislature now present, and nothing but prompt attention to them, can save them from utter ruin. The Committee have been informed, that many of the Legislative and Executive Records of the country, are Records to be now remaining in the various offices of Charleston, and should be removed from removed to Columbia, and placed in their proper apartments. Some of the Legislative Journals, your Committee understand, remain yet unbound, in copy books. They therefore, recommend, that the Governor be requested to have the offices of Charleston examined, the Records put in as good condition as they will admit, and removed to Columbia; and that the Clerk of the Senate, and the Clerk of the House, be required to put the papers of their respective Houses, in order, and in suitable cases to be prepared for the purpose; and that they be paid a suitable compensation for their services. The Committee think it very desirable, that access: to the Records of the Legislature, should at all times be practicable to the Members of the Legislature, and the Officers of the State, subject to the care and confidence of suitable Officer. It would afford great facilities to the business of the Legislature, and to the Officers of the State Government, besides affording great conveniences to the public. The Library, also, should at all times be subject to the same access. Clerks to put papers in order. Offices of State united. cer. The Committee therefore, recommend, that the office of Keeper of the State House, should be joined to that of Librarian; and in addition to the duties heretofore required of those officers, it should be required of the person appointed to perform these joint duties, to preserve and keep in safe custody and good condition, the records of the Legislature, and at all times to afford to the Members of the Legislature, and the Officers of the State, access to the Records of the same; taking care, at all times, that they receive no injury, and that they are not misplaced, or removed from their proper places of deposite; and that for such services, that he be permitted to reside in the House on the State House Square, now occupied by the Keeper of the State House, and have the control and management of the State House Square and Buildings, and see that they receive no injury, and for such services be paid the Salary. sum of five hundred dollars. See No. 12. See Resolution-1836. p. 118, above, No. 12. RESOLUTION-1826. p. 59. No. 20. Library Com Resolved, That the Committee on the Legislative Library, do hereafter account with the Comptroller, at and before every Ses-mittee to acsion of the Legislature, for whatever monies may have been drawn count with by them and appropriated to the use of the Library. Comptroller. RRSOLUTIONS GIVING THE USE OF THE LIBRARY. 1821. p. 77. To the President and Faculty of the College. 1825. P. 104. To the Judges of the Court of Appeals. 1826. p. 58. To the State Reporter. 1837. p. 57. To the Trustees of the South Carolina College. ROADS. Section 5, of an Act passed 1825, entitled "AN ACT TO REDUCE ALL THE ACTS AND CLAUSES OF ACTS OF No. 21. for new Road. SEC. 5. And be it further enacted, by the authority aforesaid, That the Commissioners of Roads, are hereby authorized and required, to lay out, make and keep in repair, all such Roads, Bridges, Causeways, and Water Courses, as have been, or shall hereafter be established by law, or as they shall judge necessary in their several Parishes and Districts: Provided, however, that no Board of Commissioners of Roads shall hereafter have power to open any new Road, until they shall have given three months 3 months notice previous notice, by advertisements, in the settlement through which the intended Road is to be opened. Nor shall any new Road be Permission of Legislature if opened over the lands of any person who shall signify to the said owner of land Board of Commissioners, any opposition, unless by permission of be opposed. the Legislature. Nor shall the Legislature, hereafter grant any Legislature will new Road, unless upon a representation of the Board of Commis. not act without a representation sioners of the District, Parish, or Division, where the said Road of Commissionis to be laid out, certifying the propriety and utility thereof; and months notice. also, that three months previous notice had been given to the per. ers, and three sons opposed thereto, to enable them to make counter representations to the same, if they see fit so to do. No. 22. Every Company subject to the provisions COMPANIES INCORPORATED & CHARTERS GRAN. BE INCORPORATED, AND THE CHARTERS OF FERRIES, BRIDGES, CLAUSE 1. Be it enacted, &c. That whenever, hereafter, the Legislature shall authorise the formation of a Company, for the of this Act, ex- construction of a Turnpike Road, Bridge, Causeway, or the keep cept such as its charter. are excluded by ing of any Ferry, the Company, in its formation, organization, and subsequent proceedings, shall be subject to all the provisions of this Act; except such as the Act of authorization shall expressly, or by necessary implication, exclude. Every charter for Ferry, Bridges, &c. tion. SECTION 1-25-Contains various provisions concerning the form, rights, and liabilities of such Company. Vide. CLAUSE 2. (p. 20) That every Charter for a Ferry, Bridge, or Turnpike Road, to any individual or individuals, or to any Incor subject to pro- porated Company, by the Legislature of the State, or the authori visions not excluded by Act ty thereof, hereafter to be granted, shall be subject to all the proviof Incorpora- sions of this Act, except such as the Act, creating or authorizing such Charter, shall expressly, or by necessary implication, exclude. SEC. 26. Every Charter of a Bridge, Ferry, or Turnpike Road, Every charter shall be in fee simple, and shall be held by the grantee or gran tees, his, her, or their heirs, or assigns, or successors, forever, as real estate, subject to be extinguished in manner herein before expressed. in fee. Not to exclude SEC. 27. No grant of a Bridge, Ferry, or Turnpike Road, Legislature from chartering shall prevent the Legislature from making further grants of Ferothers, but ex- ries, Bridges, and Turnpike Roads, within any distance of the clude others from reducing same, whenever the convenience of the community may require profits. such further grants. But every grant of a Ferry, Bridge, or Turnpine Road, shall exclude all other persons from erecting and keeping up, any Bridge, Ferry, or Road, which may reduce the profits of such chartered Bridge, Ferry, or Turnpike Road, except for the individual use of the person erecting and keeping up such unchartered Bridge, Ferry, or Road, without the authority of the Legislature, expressed by Act. SECTIONS 28-46-As to the Tolls, and powers of the Legislature over them. Vide. SEC. 47. Nothing in this Act contained, shall be construed to Right of alteradeprive the Legislature of the right of passing, altering, or repeal. tion reserved to Legislature. ing any Act or Acts, altering the duration of office of any of the said Commissioners, or declaring any commission to cease, and ordering a new one to be appointed, or imposing penalties for not keeping the said works in repair, or for enforcing due attendance at the same. contain. SEC. 48. Every application to the Legislature, to grant a Charter for any Bridge, Ferry, or Turnpike Road, shall be by petition, in which shall be set forth particularly, the site on which Petition: it is to be constructed or kept, and shall be enumerated, all the What it shall chartered Bridges, Ferries, and Turnpike Roads, within ten miles of any part of the work so intended to be constructed or kept; and in it shall be stated, the public convenience which requires the grant; and the said petition, together with a notice that it is intended to present it to the Legislature, shall be published in Notice of it to be published, some gazette, printed at the Seat of Government, or in the Judicial District in which some part of the said work is intended to be constructed or kept, at least once in each month, for the term of three months, next preceding the month in which the Legislature to which the petition is intended to be presented, is to commence its session; and when any proprietor or proprietors of any chartered Bridge, Ferry, or Turnpike Road, his, her, or their agent, trustee or attorney, may give notice in writing to the petitioner, or any one of the petitioners, two months before the meeting of the If notice of opposition, tesLegislature, to which the petition is to be presented, that the grant mony may be will be opposed, and in the said notice, shall state the grounds of such opposition; then, and in that case, all the evidence for and against such a grant, shall be taken on oath, and in writing, before the Commissioner of the Court of Equity, or Clerk of the Court of the District, where is situated some part of the work so intended to be constructed or kept. But before any evidence shall be so taken, the party offering it, shall give at least ten days notice to some one of the opposite party, of the time and place of taking Neglect of pro vision subject such evidence; and whenever any such Charter shall be granted, charter to be without all the requisites of this clause being complied with, the repealed by said Charter may be repealed by scire facias, at the suit of the proprietor or proprietors, of any previously chartered Bridge, Ferry, scire facias. |