
    *The City Council of Charleston vs. John Elford, Wharfinger.
    To throw hales of cotton from the upper story of a cotton warehouse, (without the usual rope and tackle,) on any of the open spaces near such warehouses, where cotton is ordinarily exposed for sale, is a violation of the city ordinance.
    Before his Honor the Recorder, tried in the City Court.
    This was an action to recover a penalty under an ordinance of the City Council, passed the -day of-, A. D. -.
    It was admitted that the defendant had permitted ten bales of cotton to be thrown from a door in the third story of a store house belonging to Boyce & Co.’s wharf. The bales were thrown out on the south side of the storehouse into an open space ordinarily occupied by cotton exposed for sale. Through and over this space persons were continually passing to and fro. Taxes are paid for the vacant space, but not for the streets or ways.
    The defendant was found guilty, and he appeals on the following grounds :
    1. That his Honor charged the jury that this vacant space was within the meaning of the ordinance.
    2. That the locus in quo, being a close, is not within the penalty of the ordinance.
    3. That the verdict is in other respects against law and evidence.
   Curia, per

Gantt, J.

The preamble to the ordinance recites that several distressing accidents have arisen from persons throwing, or permitting to be thrown, from the second or upper floors of warehouses, stores and other buildings within the City of Charleston, cotton in bales, goods and other articles, and that it has become essential to the safety of the inhabitants thereof, to check and prevent cuch practices.

See Chimney Sweep’s case, 11 Rich. City Council vs. , Cliit. Jan, ’59. An.

Ordains that any person or persons who shall throw, or permit or suffer to be thrown, from the second or upper floor of any warehouse, store or other building, or who shall lower, or permit or suffer to be lowered, out of the second or upper story of any such building as aforesaid, cotton in bales, goods or *any other articles, without a good and sufficient tackle and rope, shall, for every such offence, be fined in a sum not exceeding one hundred dollars nor less than fifty, &c.

It was admitted on tire trial, as stated in the report, that the defendant had permitted ten bales of cotten to be thrown from a door in the third story of a storehouse belonging to Boyce & Co.’s wharf. On the trial of this case, it was contended in the defence, and is made a ground of appeal here, that as the bales were thrown out on the south side of the store house into an open space where cotton was ordinarily placed for sale, that the intendment of the ordinance was not violated ; but it being admitted that over this space persons were continually passing to and fro, it would have been strange indeed if the Recorder had put any other interpretation upon the ordinance, than the one rendered. A bale of cotton falling on one traversing this plat of ground would prove as disastrous as if he was traversing the street, and the ordinance embracing' all and every part of the City, there can be no doubt of its having been violated in this case.

The Court are unanimous in their opinion, that the Recorder’s charge to the jury was correct, and that the defendant was properly found guilty by the jury,

The defendant can take nothing by his motion.

The whole Court concurred.  