The Charleston daily news. [volume], March 27, 1873, Charleston News Supplement, Image 5

About The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873

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VOLUME X.-NUMBER 2247. CHARLESTON, THUfiSDAY MORNING, MARCH 27, 1873. '_EIGHT DOLLARS A YEAR.
: LAWS OF THE STATE.
ACTS AND JOINT RESOLUTIONS OF
?THE GENERAL ASSEMBLY.
. Sealion of Published by Aa.
thorlty.
AN ACT
TO RXOULATft THE FRES OF PROBATE JUDGER
CLERKS OF COURTS, TRIAI. JUSTICES ARD
BOTHER OFFICERS BEBELS MSMTIONED.
8ECTT0N L Be it enacted by the Senate and
'House of Representatives of the State of South
' Carolina, now met and Bitting in General As?
sembly, and by the authority of the same :
That the fees which probate judges, olerks
of courts, trial j notices and other officeis here?
in mentioned, shall be authorized to receive
jn the several caaea herein specified Bb all be
aa folio wa:
JUDO ES OF PROBATES.
SEO 2. For petition for letters, ita, fifty cents
for citation, fifty cents; qualifying executors, ad?
ministrators or guardians, and leaning letters
to same, ono dollar-and fifty "coats; taking
bond of administrators or guardana, one dol?
lar; issuing warrant of appraisement, one dol?
lar; proving will in common form, one dollar;
proving will in solemn form, five dollars; filing
and entering renunciation of executor, one
dollar; dedimus poteetatum lo prove will or
qualify executor, two dollars; receiving, ex?
amining and filin? annual return, oue dollar;
for the first and final retorna, each tbrea dol?
?an; order for sale pr personal property, one
dollar ; hearing and filing petition for guardians
and appointment, two dollars; on tenn g caveat
and withdrawing same, one dollar; for hearing
litigated case, three dollars, r.nd twenty-five
cents additional for each witness amaino*!; is
-s,Bia^f^X^r^^or0rery rul7
' ?A lavuflt defanfcing witness or party fail
i8-U *?nnnt two dolRrs; for proceedings in
ag to ap^ ? eatat6i ^e collars, and fifty
^k^onaloD-^very l*Dcired\aollan, or
cents ^ "^rnheieot^ icu whicV the land
.^.^2?in*for is case of partition iutind, for
?.?^^Wp?it may be assesed: Provided, shat in
nryase- shall the feetfhnd allowances so re?i^
eo'ags? regate moro than twenty-five dollys:
Provided, further That in casa of partition r|
kind no co mm IR sun shall bo charged; forap-v
pointing guardaos, ad litein, one dollar; com?
munions on al moneys received and paid out,
twa per cont." on tho first throe hundred dol?
lars, and on? per cent, on all nunn over thal
arnon ni ; for search for each paper, ten COD ts;
fer certificate sod seal fifty cents, for dual dis?
charge of executor, administrator or guardian,
one dollar; for proceedings in dower, inclusive
of all charg/s, except recording, ten dollars;
for proceeding io lunacy, inolusive, five dol?
lars; for recording all papers proper to be le
corded, or furnishing copy of any paper in his
office, pei oopy sheet of one hundred words,
each fie ure counting one word, fifteen eents;
for all services in setting off the homestead, in?
cluding the tic? and record of proceedings,
five dollars.
^ CLXBKS OF COURTS.
SEC. 8. For sifniDg and sealing Bub writ
fifty cents; for administering oaths, twenty
five cents; for tiling and filing bonds in
trover, attachment aid other cases, one dollar;
_^ftr^i}enirig an?jfcaltng commission to examine
witness, fifty cents; recording plats, under or?
der ercourt, one dollar; rule of survey, fifty
cents; each official certificate under seal, fifty
cents, issuing attachment for contempt, or
other special writ, fifty cents; signing and seal?
ing writ of habere facias possessionem, fifty
cents; receiving and payhg over money offi?
cially, under three hundred dollars, one per
cent., over that amount one-half of one per
cont.; on bill, nolle prosequi, b?fore given out,
one dollar; on bill thrown out by grand jury,
or found and nolle prosequi ita ted discon?
tinued or struck off, two dellars; en bill found
and verdict by petit jury, two dolors; issuing
bench warrant, one dollar; issuing mira facias,
CBC dollar; issuing each execution it sessions,
"?ldollar; signing and sealing wri\ ?f habeas
corpus, one dollar; issuing warrante- taking
reeognizmee or other services in the Bissions,
the tame fees allowed to trial justicei; each
?rit of venire facias, including all services in?
cident to summoning jurors, two doll J rs and
???ty cents; preparing and issuing certificates
for grand and petit jurors and constables, md
furnishing return to county oommision?a
far each week of every term nf court, five dol
lars; f?rniahiog advertisement in case of es?
cheat, exolosive of printer's bill, and recording!
proceedings thereon, three dollars; for adver?
tising and giving notice to managers of elec?
tions, six dollars; for license to an attorney, ali
- iscidental services included, five dollars; filing
and entering notice of alien's intention to be
.come* citizen, one dollar; filing and recording
report of allen, one dollar; administering oaths
cf intention, fifty tents; filing and entering
application to becomes citizen, and adminis?
tering oath, one dollar; for giving certificate of
citizenship, ono dollar; for taking renunciation
of dower or inheritance, two dollars; for official
record of estray and fling papers, one dollar;
?very search for a paper, ten cents; every searoh,
with certificates, fifty cents; swearing trial
Justice or constable in office, and certifi?
cate and taking boni, one dollar; recording
the bonds of county officers, and certifying to
?ame, one dollar; for every probate in writing,
twenty-five cents ; for eigring dedimus potes
tatum, two dollars; for iffloial certificate to
exemplification of record, ?ne dollar; on filing
transcript, twenty-five ants; on entering
judgment, fifty cents; for copying papers, per 1
oopy sheet of one hundred vords, each figure '
canting a word, fifteen cene; for signing and 1
sealing each exclusion and removal, fifty cents; '
for recording and copying deeds, mortgages 1
-and other papers, per copy eheet of one bun- 1
dred words, fifteen cents; for every certificate <
on doads or other papers, twenty-five cents; 1
on every appeal from trial justices, all services l
inclusive, two dollars; for eitering satiafsotion '
on mortagage. twenty-five cents; for record- 1
mg or copying plats of not nore than six cor- 1
nen, one dollar; for every corner more than :
six, ten conti; for filing and recording every '
rule or order for arbitration fifty cents; for .
^ filing and recording affidavit lor continuance
?when ordered br the judge, twenty-five cents;
for granting charter of incorporation, three i
dol?an.
TRIAL JUSTICES A Rt JUSTICES OF THE PEiOE.
SEO. 4. Oath and variant in any criminal I
case, fifty cents; each tecognixanos, fifty cents;'
commit men ts and rebase, each twenty-five
cents; administering an* certifying oath in
writing, other th&a abovv, fifty cents; issuing
writ of habeas corpus by -.wo justices jointly,
two dol?an; issuing summons and copy for de?
fendant in civil cases, fifty cents; issuing copy
for each additional defendant over one, twenty
cents; issuing summons to each witness incivil
cass*, twenty-five cents; for swearing and tak?
ing examination of e*ch witness in civil cases,
twen+y-fl e cents; for giving judgment rn cases
sot defended, twenty-five cental for giving,
judgment on hearing MU (rated cid ea, sev?
enty-five oaots;for Usaiog exclusion or remov?
al of same, fifty cents; ieport of caso and taking
bond to appeal, ono dollar and fifty cents;
for issuing attachment returnable to court
or justice, including all notices, ona dollar an!
fifty canta; for filing returns of garnishee and
order thereon, twenty-five cents; for proceed?
ings in case of ejection, three dollar*; for ap?
proval of indentures of apprenticeship or ser?
vants, one dollar; for proceedings on coroner's
inquest, the same rees as are allowed to
coroners; tor proceedmga on estray of
horse or nonie, ono dollar; for proceedings on
all other e3trays, fifty cents; for taking and
certifying renunciation of dower or inherit?
ance, two dollars; for granting orde.- lorBpecial
bail, one dollar; for the (rial of any criminal
oise, three dollars; for overy preliminary ex?
amination of any cuni nal case, one dollar and
fifty cents; for taking examination of witnesses
in writing as prescribed by law, ono dollar;
for attending and acting for the preservation
of wrecked vessels and goods, thro3 dollars
per day oat of the vessel's goods and effects;
for proceedmga against vagrants and return?
ing report thereof, two dollars; for qualifying
appraisers in setting of the homestead, seven?
ty-five coats, sud five cents per mile for all
necessary travel.
NOTARIES PUBLIC.
SEO. 5. Bor taking deposition and swearing
witnesses, por copy sheet, twenty-fl-zo -ootrts;
i for every protest, two dollars; for a dupli??*u
cf deposition, protest and oorti?n?**? Per ??Py
sheet, one buodred ?rords, fifteen, cents; for
iaob attendance oo any person Jo j>r<?ro ?ny
matter or thing certit?a*u?rBSaie- &t?? cent9'
and Ave oo?U--??n*r??nal for every mile of
necia?^r travel in goiDg and roturoinir, for
every certificate, fifty cente; for administering
an oath, on affidavit, fifty cents; for taking re
Dundatiojiilt--^1""* itthe"tanca, twodol
COB0NE83.
SEO. 6. For every inquisition, ten dollars,
and five cents par milo of every milo of neces?
sary travel ingoing and returning; foreaeb
warrant issued, fifty cente; lor eaoh commit?
ment, twenty-five cents; for each recognizance,
fifty cents; for each body disinterred, five dol?
lars; for record?n? procoedinfra in each inqui?
sition in bis book, per copy ebeot of one hnn
drod words, fifteen cents; for performing the
duties of sheriff, the same feos aa are allowed
to sheriffs tor like services.
WITNESSES.
?KC. 7. Witnesses in civil and criminal oases
ppr day, one dollar, basides mileage at five
cents per milo, going and returning: Provided,
That in no cieee, except iu cases of felonies,
where witnesses for the defence pre bound
over, ebal) tin Slate bo liable to pay defend?
ant's witnesses; witnesses ia trial justices'
courts shall receive fifty cents por day, and
the same mileage as allowed in Circuit Courts.
jrjBOBS.
SEO. 8. Jurors per day, one dolo and fifty
couts, besides""mileage, going and returning.
Jurors io trial Justices'courts shall receive
twenty-five cent? for each case tried, and mile?
age, as herein allowed to other jurors.
SHERIFFS.
SEO 9. For entering every writ, proooss, war?
rant or execu'ion, and making endorsements
thereon, each twenty-five canta; for serving
every writ or summons, besidos mileage, one
dollar ; for bond in any oaee, one dollar ;
tor commitment and release, each twen?
ty-five cents; tor serving each venire for
grand jory, ten dollars; for serving each venire
for petit jury, fifteen dollars; for serving eaoh
bench, or other warrast issuod in the sessions,
attachment, contempt of courl, besides mile?
age, on s dollar; for search .'or person or goods,
not found, and returned on the execution non
est inventua, or nulla bona, booides mileage,
one dollar; levying attachment or execution,
besides mileage, ono dollar; dieting persons
per day, forty cents; executing coaviot, includ?
ing: all chartres for burial and other expenses,
twenty-five dollars; bringing up prisoner under
habeas corpus, to be paid by tho prisoner, if
able, (if not, by the county,) besides mileago,
one dollar; for executing writ of habere facias
possessiouem, one dollar, besides mileage of j
five cents per mile f r all neceas ir v travel
going and returning; for transferring money,
bonds or other securities for money to
party, one-half of r>(ie per cont.; for summon?
ing freeholders to try suggestion of fraud, five
dollars; for serving any paper in civil or crim?
inal cases, issued by tri J 1 jua tico, tho samo feas
as are allowed to constables in like oases; con?
veying prisoner from one place to aaotber, bo
sides all necessary expenses goiag and return?
ing, three d >llars per day; each guard for aber- 1
flin conveying prisoner, one dollar per day;
commission on all moneys collected by bim, if 1
uoder throo hundred dollars, two percent., it 0
oval that sam, two per cent, on the first three
hundred dollars, and one-half of one percent
on balance; one-fourth of one per cent, on all
tuonela paid ont of office on all executions
lodged; executions lodged to bind and order
not to levy, twenty-five cents; advertising de?
fendant's property in addition to pricer's bill,
fifty cents; drawing died or mortgage, two dol?
lars; bill of salo, one dollar; each notioe served
on set of managers of election, besides mile?
age, one dollar; in case of ejectment and
ejecting tenant or othora, three dollars; sum?
moning coroner's jury and witnesses, tobe
paid by the county, fivedollars; for selling land
under decree of the Court of Probate, in lieu of
commission and all other charges, except for
administering, three dollars.
CONSTABLES.
SEO. 10. For summonm; each witness in
civil caaes, fifty coats; for serving summons,
rule or notice in any civil case, fifty cents; for
serving attachment on each person, one dol?
lar; for levying execution, posting advertise?
ment of sale, and paying over proceeds, fifty
cents, besides a commisson of two per cent, on
all sums collected, to be paid by the party iu
execution; fer every day in smreh of stolen
goods, to be paid by the complainant, two dol?
lars; for serving a warrant in any State case, one
iollar; for soiling an estray, five per centum of
the proceeds, and in thia case five cents per
mile for all necessary travel one way, to be
certified in writing by the officer, on the back
of the process; for all necessary service in case
of ejectment, as well before as after judgment,
three dollars; for summoning coroner's jury
and witnesses, to be paid by the county, five
dollars.
SEC. ll. That the following compensation
.hall bereifter be allowed to any physician
who may be oalled in by the acting coroner to
make a post mortem examination, to wit :
Where death hos resulted from external vio?
lence, ind where no dissection is required, the
snm af ten dollars; where dissection is neces?
sary, and no interment bas taken plaoe, twen?
ty dollars; for the same, after one or more
dava' interment, thirty dollars; for tba same,
when any chemical analysis is required, a sum
not exceeding fifty dollars,-together with the
expenses of such analysis, and that in every i
case irv*bich such physioian shall be called to i
?ny <fietanoe beyond one mile, he shall bs al- f
lowod the mileage usually charged in his
neighborhood: Provided, That in all cases in
which chemical analysis shall bo Diado, the
pbysioiau who shalt make the post mortem ex?
amination, shall furnish to tho county commis?
sioners of the county in which the Baid exami?
nation has been made, with bis account, a full
statement of such analysis: Provided, further,
Every account presented for Bervices for any
post mortem examination shall have the cer?
tifiante of the coroner, or magistrate acting
ia coroner, that the servioes were rendered.
SEO. 12. That all acts or parts of acts, incon?
sistent with oe supplied by this act, are hereby
repealed.
Approved February 26, A. D. 1873.
JOINT RESOLUTION
rO BATIFT THE AMENDMENT TO THE CONSTITU?
TION OF THE STATE OF SOUTH CAROLINA,
RELATIVE TO THE TIME OF HOLDING ELEC?
TIONS.
Whereas Article XV of the Constitution of j
the State of Sooth Carolina provides that an
amendment or >.m&ndmenta may bs made to
tho same, and that such amendment or amend?
ments shall be agreed to by two-thirds of the
members elected to each Honse; such amend?
ment or amendments to be entered on the
Journals, respectively, with the yeas and nays
taken thereon; and that the same shall be sub?
mitted to the qualified eleotors of the State, at
tba rurel srmwwtU owtinn thereafter for repre?
sentatives; and if a majority
qualified to voto for members of the Genera
Assembly, voting thereon, shall vote in fivor
of such amendment or amendments, and two
thirds of each branch of the next General As?
sembly shall, :.f ter such an election and before
another, ratify the same amendment or amend?
ments by yeas and nay P, the same shall boco ne
part of tho constitution: Provided, That such
amendment or amendments shall have been
read three times, on three several days in each
House; and, whereas, the General Assembly,
at its last session did, in each branch, pass a
Joint resolution proposing an amendment to
the Constitution of the State of Sonth OATO
lina, which was agreed to by two-thirds of its
members, to wit: Strike out all tb it portion of |
Section ll, Article n, following the word*
"eighteen hundred and seventy," occurring in
tho fourth an J fifth lines, and insert tb?, fol?
lowing: "And forever thereafter, on the first
Tuesday following the first Monday in Novem?
ber, in every second year, in sncb manner and
in such placo as the Legislature may provide;"
and, whereas, the said proposed amendment
bas boon submitted to the electors qualified to
vote for members of the General Assembly, at
the next general election following the action
of the General Assembly, and a majority of the
said eleotors have voted in favor of the same;
therefore,
Be it Resolved by the Senate and Honse of j
Represen Uti veB of the State of South Carolina,
now mot axd sitting in General Assembly, and
by the authority of the same:
That the amendment to the Constitution of I
the State of South Carolina, proposed and
igrood to by two-thirds of the members of each
irancb of the last General Assembly, and vo
cd for by a majority of the electors qualiliod
o vote for members of tbe General Assembly,
kt the last general eleotion, te wit: Strike out
ill that portion of Section ll, Article LT, fol
owing the words "eighteen hundred an i sev?
enty," occurring in the fourth and fifth lines,
ind insert the following: "And forever there
liter, on the first Tuesday following the drat
l?onday in November, in every second year, in
inch manner and in such place, as the Legis
ature mav provide," ba? and the same is here
)y, ratified and made a part of the Constitu?
?an of the State of South Carolina.
Approved January 29, A. D. 1878.
JOINT RESOLUTION
:0 RATIFY THE AMENDMENT TO THE CONSTITU?
TION OF THE STATE OF SOUTH CAROLINA RELA?
TIVE TO THE INCREASE OF THE STATE DEBT.
Whereas the Constitution of tho State of
jonth Carolina provides that an amendment or
imendmenta may be made to the s une; and
hat such amendment or amendmonts shall be
.greed to by two-thirds of the members elect
id to each Honse; such amendment or amend
nents to be entorod on the Journals respect
vely, with the yeas and nays taken thereon;
.nd that tho same shall be submitted to tbe
mahned electors of the State at the next gen?
ni election thereafter for representatives, and,
f a majority of tho electors qualified to vote
or membars of tho General Assembly, voting
hereon, shall vote in favor of such amendment
ir amendments, and two-thirds of each branch
f the next General Assembly shall, after such
u eleotion, and before anothor, ratify tbe
ami amondmoat or amendmsnts, by the yeas
nd nays, the same shall become part of the
onstitution: Provided, That such amendment j ;
r amendments shall hare been read three
Imea on three several dayj in each House; | i
nd, whereas, the General Assembly, at its last
ession did, in each branch, pass a joint raso- J
ition proposing an amendment to the Con- l
titution of the State of South Carolina which I
as agreed to by two-thirds of its members, to <
rit:
ARTICLE XVI. ''To the end that tba public
ebt of South Carolina may not hereafter be
?creased without the due consideration and
ree consent of the people of the State, the I
lenerai Assembly is hereby forbidden to ere-11
te any farther debt or obligation, either by j ?
io loan of the ore Jit of the State, by guaranty,
udorsement, or otherwise, except for the or di- i
ory and current boniness of tbe State, with- t
nt Ant submitting the question as to tbe ere- t
lion of any such new debt, guaranty,*ondor8e.
lent or loan of its credit to the people of tbis
tato at a general State election; and, unless I s
wo-thirds of the qualified voters of this State, J t
oting on the question, shall be in favor of a j
irtber debt, guaranty, endorsement, or loan
f its credit, none such shall be created or
lade."
And whereas the said proposed amendment t
as been snbmitted to the electors qualified to ?
ote for members of the General Assembly, at ]
the noxt general election" following tho ae?
on of the General Assembly, and a majority
f the said electors have voted in favor of the
ame; therefore,
Be it Resolved by the Senate and House of j
lepresentatives of the State of South Caro?
na, now met and sitting in General Assembly,
nd by the authority of the same:
That the amendment to the Constitution of J
ie State of South Carolina, proposed and
greed to by two-thirds of the members of
ach branch of the last General Assembly, and
oted for by a majority of the electors qualified
o vote for members of the General Assembly
it the kat general election, to wit:
ARTICLE XVI. To tbe end that the public
Lebt of South Carolina may not hereafter be
ncreaeed without the due consideration and
ree consent of the people of the State, the
General Assembly is hereby forbidden to
ate any further debt or obligation, eithe
the loan of the credit of the State by g nara
endorsement, or otherwise, except for the c
nary and current business of the State, witt
first submitting tbe question as to the crea
of any such new debt, guaranty, endoraem
or loan of its oredit to the people of this St
at a general State election; and, unless 1
thirds of the qualified voters of this State,
ting on the question, shall be in favor of a
ther debt, guaranty, endorsement, or loa
its credit, none shall be created or made,
and tho same is hereby, ratified and mat
part of the Constitution of the State of So
Carolina.
Approved January 29, A. D. 1873.
AN AC F
TO FIX THE TIMS FOB IHK HOLDING OF '.
CIBCUTT DOUBTS IN CERTAIN COUNTIES HB
IN MENTIONED.
SECTION 1. Be it enacted by the Senate i
House of Representatives cf the State of Bo
Carolina, now met and sitting in General
aembly, and by the authority of the same:
That from and after the passage of this i
the Circuit Courts iu the Sixth Circuit shall
held as follows:
1. That the Court of General Sessions,
Chester, for the County of Chester, on
first Monday of January, and on the th
Monday of March and September; and
.Courtof Common Pleas, at Chester, fori
Count] ui euu?.| uu-cne Urst Wednesc
after the first Monday of January; and on I
first Wednesday after the third Monday
Maroh and September.
2. The Court of General Sosaions, at Yo
ville, for tba County of York, on the seco
Monday of January, and OD -tho Qrst alone
of April and October; and the Court of Co
mon Pleas, at Torkville, for the County
York, on the first Wednesday after the BOCO
Monday of January, and on the first Wed ni
day siter the first Monday of Apiil and Oe
ber.
3. The Court of General Sessions, at Lana
ter. for the County of Lancaster, on the tbi
Monday of January, April and October; a
the Court of Common Pleas, at Lancaster,!
tho County of Lancaster, on the first Wodnc
day alter the third Monday of January, Ap
and October.
4. Tho Court of Gen oral Sessions, at Winn
boro', for the County of Fairfield, on tl
fourth Monday of January, and on the fir
Monday of May and November; and tbe Cou
of Common Pleas, at Winneboro', for tbe Cou
ty ef Fairfield, on thc first Weduesday aft
the fourth Monday of January, and on tl
first Wednesday after the first Monday of Mt
and November.
SEC. 2. In tbe Second Circuit, the Court i
General Sessions, at Aiken, for the County <
Aiken, the first Monday of January, May an
September; and tbe Court of Common Pleai
at Aiken, for the Conoty of Aiken, on the fin
Wednesday after the second Mouday ot Jam
ary, May and Soptomber.
SEC. 9. In the Third Circuit, the Court <
General Sessions shall be held at Kingstrbi
for the County of Williamsburg, on tho fin
Monday after the fourth Monday of January
MTV aud October; und the Court of Commo
Pleas shall bo held at Ktngstree, for tho Conn
ty of Williamsburg, on the first Wednosda
after the first Monday after the fourth Mon
day of January, May and October.
Tho Court of General Sessions, at COE
won boro", for the County of Horry, on the firs
Monday alter the fourth Monday of February
June and October; and the Court of Commoi
Pleas, at Couwayboro', for the County of Hor
ry, on tbe first Wednesdi.v after the fourtt
Monday of February, Juno and October.
SEC. 4. Tho Circuit Courts, in the Seventl
Circuit, shall be held as follows:
1st. Tho Court or General Sessions, at Now
berry, for tho. County of Newberry, on thc
third Monday of January, May and November
and the Court of Common Pleas, at Newberry
for ibe County of Newberry, on tho first Wed?
nesday afior tho (hird Monday of January, Ma}
and November.
2J. The Court of General Sessions, at Lau
ronsville, for the County of Laurens, on thc
third Monday of February and June, and thc
first Monday siter tho fourth Monday in No?
vember; and the Court of Common Pleas, at
Laureuaville, for the County of Laurens, on the
Qrst Wednesday after tbe third Monday ol
February and Jun , and on tho first Wednes?
day after the first Monday after tho fourth
Monday in November.
3 J. Tbe Court of General Sessions, at Union
ville, for the County of Union, on tbe third
Monday of March, June and September; and
the Court of Common Pleas, at Union ville, for
the County of Union, on tho first Wednesday
after the tbird Monday of March, June and
September.
1th. Tho Court of General Sessions, at Spar
tanourg, tor tho County of Spartanbnrg, on
:he first Monday aftor the fourth "ot.day iu
Haro h and July, and on the third ? lay in
October; and the Court of Common k s, at
Spartanbnrg, for the County ot Spartan JJ,
>n the first Wednesday after the first Moe y
ifter the fourth Monday in March and Jut.
md on tbe first Wednesday after tho tbirc
Monday in October.
SEC. 5. That all writs, summons, recogui
: mees and other processes of whatever kind,
returnable to the Courts of General Sessions
ind Common Pleas, in the couulies above
lamed, be and the same are hereby made re
roraable to the courts held in pursuance to
he provisions of this act, in the same manner
is if they had bean issued or taken iu refer?
ence thereto.
SEC. 6, That all acts or parts of ac's, incon
listent with this act, or repugnant thereto, be,
ind the samo are hereby repealed.
OFFICE SECBETABT OF STATS, )
COLUMBIA, S. C., Febru?ry 4,1873 |
Tho foregoing act bavinjr been presented to
he Governor of this Sttte for his approval,
md not having boen returned by him to that
irancb of the General Assembly in which it
iriginated, within tho time prescribed by tbe
-onstitution. has become a law without his
ipproval. H. E. HAYNS,
Secretary of State.
AN ACT
TO ENFORCE THE PAYMENT OF THE FOLL TAX.
SECTION 1. Be it enacted by thc Senate and
Soase of Representatives of the State of South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same;
That there shall be assessed on all taxable
polls in the State an annual tax of one dollar
an each poll, the proceeds of which shall be
applied to educational purposes, and if any
person shall refuse or neglect to pay said tax,
before the expiration of the time fixed for the
payment of all taxes, the County Treasurer
shall, within twenty days tberearter, rarnisn a
list of all delinquent polls to the County Com.
missioners of the COUD ty, Where the persons
sojtaxed and delinquent have no property to be
distrained fur the payment of said poll tax, as
authorized in tbe Act providing fe r the assess?
ment and taxation or property, approved Sep?
tember 15, 1868, the persons so delinquent
shall be subject to a penalty of donUe t e
amount of their poll tax; and on failing tu pay
thc same when notified of the foot, within ten
days af ?er such notice, such person or persons
shall be required to work upon the highways
or roods, in their respective counties, as the
County Commissioners may direct, not exceed?
ing three days.
SEO. 2. That the said County Commissioners
shall, after recaivlng the delinquent poll list,
summon such delinquents to appear at their
office and then and there givo them the oppor?
tunity to pay the doable tax, and on failing to
do so, such delinquents shall be required to
work opon highways and roads of their respec?
tive counties, as the County Commissioners
may direct; and if said delinquents, being per?
sonally warned by the said Commissioners, or
by written notice, served at their place of resi?
dence, shall refuse or neglect, having had ten
days' notice, to attend by themselves, or sub
stitutes equally able to perform said duties as
themselves, or to pay the double tax in hen of
said duties, or, having attended themselves,
shall retuse to conform to the requirements ot
thia Act, or obey tl f directions of the County
Commissioners, they shall be oonBidered
Irailty of ? misdemeanor, and, on -conviction
thereof, be imprisoned for the same, in a coun?
ty jail for a term not less thnn ten dayt.
Approved February 20, A. D. 1873.
AN ACT
TO EMPOWER THE SUPREME COD BT TO FB AME IS?
SUES AMD DEB EOT THE SAKE TO BE TB LED Di
COURT, AND TO ORDER BEVZBEJES IN GEBT A TN
OASES.
SECTION 1. Be it enacted by the Senate and
Honse of Repr?sentatives of the 8tate of Sooth
Carolina, now met and sitting in General As?
sembly, and by tbe authority of the same:
That whenever in the course of any suit, ac?
tion or pro reeding in the Supreme Court,
arising in the exercise of the original jurisdic?
tion coufened upon the court by the constitu?
tion and laws ot tho State, an issue of fact
shall arise upon tho pleadings, or whenever an
issue of fact shall arise upon a traverse to a
return in mandamus, prohibition, or certiorari,
or whenover the determination of any question
of fact shall be necessary to the full exercise
of the jurisdiction conferred on the Supremo
Court, the said court shall have power to
rame and issue therein, and certify the same
to tte Circuit Court for the county wherein the
canse shall have originated, or in oases of
original jurisdiction, to the Circuit Court cf
the county in which the canse of action shall
have arisen.
SEC. 2. That upon reoeiviog the certificate of
such issue framed, from the Supremo Court,
the eaid Circuit Court si all forthwith cause
the same to be placed at the head of the ap?
propriate calendar or docket of said court, and
prosead to try and determine tbe said issue
io its doe order, and shall certify the detering
nation thereof to thc Snpreme Court immedi?
ately after the trial thereof, and, when re?
quired, shall settle aud sign a case, or a case
containing exceptions, according to tbe prac?
tice in othor CAuaea tried in the Circuit Court.
SEO. 3. Tbat the Supreme Court shall also
have tho same powers for the appointment of
referees to taVo testimony and report thereon,
nuder each instructions, as may bo prescribed
by tho said court, in any causes arising in the
Snpreme Court, wherein issues of fact shall
arise, as ore now possessed by the Circuit Court
of the State.
Approved January 25, A. D. 1873.
AN ACT
TO BEPEAL SECrrONS 5, 6 AND 7 OF CH APT EB
Elan TY-TH RES OF THE OENERAL STATUTES OF
SOUTH OABOLINA.
Bs il enacted by the Senate and Honse of
Representativos of the State of SonthOarolina,
now met and sitting in General Assembly, and
by tho authority of the same :
That section 5, section 6 and section 7 of
chapter eighty-three of the General Statutes
of South Carolina be, and the aime aire hereby,
repealed.
Approved January 29, A. D. 1873.
AN ACT
TO AMEND CH APTE it 120 OF THE GENERAL STAT?
UTES OF THE STATE.
Be it enacted by the Sonate and House of
Representatives of the Stale of South Carolina,
now met and sitting in G?n?ral Assembly, and
by the authority of the same:
That Chapter 120 or the General Statutes of
the State be amended as follows: Strike out
the word "third" wherever it occurs in section
ll and insert the word "ninety;" strike out the
words "ninety days," in section 13 and insert
"six months."
Approved February 20, A. D. 1873.
AN ACT
TO AMEND SECTIONS 98, 99 AND 100, CHAPTER
XVII, OF THIS GENERAL STATUTES OF SOUTH
CAROLINA, RELATING TO HOLDERS OF IN?
SURANCE POLICIES.
SECTION 1. Be it enacted by the Senate and
House of Representatives of the State of
South Carolina, now met and sitting In Gene?
ral Assemby, and by the authority of the
Barae:
Tbat Secilon 98, of Chapter XVII, ot the
General Statutes, be amended In the Aft ti line
of said sectlou, after the words "bonds or
Btocks of tbis State," by Inserting the words
"or of the United States11 also at the close ol
the said sectlou insert the following pro?
viso: Provided, however, That lt shall
be the duly, and lt ls hereby re?
quired o? ihe comptroller-genera', upon notice
belog served upon bim by the agent of any
said company or association, accompanied by
proof sufficient to ertabllsh ihe tact of the In?
solvency oi such company or association so
depositing, to dispose ol at public outcry to
the highest bidder, alter twenty-one days no?
tice of said sale, notice to be begun by pub?
lishing in one of the dally papers lo the city
of Columbia, and in one daily paper lo the
city ol Charleston, so much or so great an
amount of such hoads or stocks so deposited
as will enable him to re-losure the policy?
holders ol such Insolvent company or associ?
ation, in such proper and solvent Insurance
company or association as any policy-holder in
said Insolvent company or association may
desire, or elect, for the balance ol the unex?
pired term of such Insurance previously taken
by bim In said Insolvent company or associa?
tion."
SEO. 2. That section 99, ot Chapter XVII, of
the General Statutes be amended by Inserting
after the word "?tate," In the third Hoe of
lae sam section, me wuiuo ui ?? ?,v w....
States."
SEO. 3. That eec Hon 100, of Chapter XVII,
ol the General Statutes be amended by In?
serting alter tbe word "State." In the eleventh
line, the words "or ot the United States."
Approved February 20, A. D. 1873.
AN ACT
TO PREVENT THE OBSTRUCTION OF ll ARBORS AND
NAVIGABLE STREAMS IN THIS STATE BT THE
DISCHARGE THEREIN OF BALLAST OF STONE,
DIRT AND OTHER HEAVY MATERIALS.
SECTION I. Beit enacted by the Senate and
House ot Representatives of the State ot South
Carolina, now met aud sitting In General As?
sembly, and by the authority of the same: 1
?mat any owner or master of any vessel
navigating the waters or this State, who
shall discharge, or cause, or permit to be
discharged Irom said vessel, any ballast of
stone, dirt or other heavy material, Into any
harbor, bay or navigable stream of this S'at?,
whereby the navigation thereof ls hindered
or obstructed, or ls likely lo hinder and
obstruct the navigation, shall be held to be
guilty of a misdemeanor, and, upon convic?
tion thereof, sball, for the first offence, be Im?
prisoned in the county Jail for a period not
less than ten days, or more than thirty days,
or a fine of not less than twenty dollars, or
more than one hundred dollars; and lor the
second offence shall be Imprisoned for not
lees than sixty days, nor more than one year,
or fined not less than one hundred dollars, nor
more than five hundred dollars, or both, at
the discretion of the court. One-half ot said
ana shall go to the Informer, and the balance
to the treasury of the county wherein the of?
fence was committed.
SEO. 2. That this act shall take effect six
months after the passage thereof, and lt shall
be the duty of all harbormasters to nott I y all
masters of vessels coming Into their respec?
tive ports of the provisions of this act; and
where tbere ls no] harbormaster, the chairman
of the board of pilot commissioners sball no?
tify the masters of vessels.
Approved February 27, A. D. 1873.
AN ACT
TO AUTHORIZE CERTAIN COUNTIES TO IS8UE BONDS
AND LOAN THE SAKE TO AID THE 0HARLS8TON
OEOROETOWN AND CONWAY BORO' RAILROAD COM,
PANT.
SECTION 1. Be it enacted by the Senate ?nd
House of Representatives of the State nf South
Carolina, now met and sitting in General As?
sembly, and by the authority of the same:
That tho several ooanlies of this State,
through which tbe Charleston, Georgetown
and Con wayboro' Railroad Company ahall build
and operate its railroad, or any branch thereof
be, and they are hereby, authorized and em?
powered to issue bonds and loan the same to
the Charleston, Georgetown and Conway boro'
Railroad Company, subjoct to such conditions
and provisions as hereinafter mentioned.
BEC. 2. That the commissioners of election
of the several counties through which the
Charleston, Georgetown and Conway boro' Bail
road Company propose to build their railroad,
shall order, and canae an election to be held
within ninety days after receiving a request in
writing from the board of directors of the
Charleston, Georgetown and Con way boro'Bail,
road Company, askiog that auch an election be
held, thirty (days' notioe of the same shall be
given for the purpose of gi vin? to the voters
of the county an opportnnity of voting for the
granting of such aid, or against the same. The
voting sball bo by ballot, either written or
printed, or partly written and partly printed,
and sball contain the words, "Aid to the
Charleston, Georgeto.vn and Con wayboro'Bail
road Company-Yes;" or tho words, "Aid to the
Charleston, Georgetown and Con way Doro' Rail?
road Company-No." The election shall be
held, and the managers shall make their re?
turns in the same manner as is now provided
by law for general elections. The commission*
ere of election shall, within ten days from the
time of receiving the returns, forward to the
board of county commissicneis s return Bet?
ting forth the entire number of votes cast, the
votes for, and the votes against, granting aid
to said company, If a majority of the votes
cast shall be in favor of granting aid, the
county oommissionere shall immediately cause
bonda to be printed, the samo not to exceed
the sum of two thousand dollars, for every
mile the road is to be constructed in the coun?
ty, and payable in thirty years; and upon the
county commissioners receiving the same, they
shall sign, and the clerk of the board shall
countersign and seal the same with the seal of
the board of county commissioners. The
bonds shall then bs numbered and registered
in the offlcB of the clerk of the county. The
county commissioners shall then canse tho
bonds to be deposited with eome banking or
trust company.
SEC. 3. Whenever the said company shall
actually commenoe the construction of said
railroad within tbe limits and confines of any
county voling aid as provided in Seotion 2, and
shall deposit with the treasurer of such county
a bond duly executed, with good and sufficient
sureties, and approver by the circuit judge in
a sum sufficient to guarantee the payment of
the interest on said bonds, during the time the
said railroad shall be under construction, the
county commissioners sball transfer the bonds
to the Charleston, Georgetown and Conway
boro' Railroad Company, and sball publish i
such tiansfer in tbe official paper of tho conniv?
and the bonds shall commenc? to draw interest
from the date of such official commencement.
Upon the completion of said railroad, the
county commissioners ahall receive from the
Charleston, Georgetown and Con way boro' Rail?
road Company, an amount of preferred stock
of the said company equal to the amount of
County bonds issued in aid of said company,
the preferred stock to bear Interest at one per
cent, per annum more than the county bonds,
The bonds of the county shall bear interest at
the rate of six per cent, per annum.
SEO. 4. The county commissioners shall in?
vest the additional one per cent, received from
the preferred stock, in securities, or in any
safe manner whereby the same sball draw in?
terest semi-annually, and shall continue to in?
vest the one per cent, BO received, together
with tbe interest on the same, until a sum shall
have accumulated sufficient to pay and canee
the bonds of the county issued in aid of said
company, when the bonds shall be paid and
cancelled. All moneys received aa interest on
said bonds and preferred stock, shall be held
by the county treasurer, and paid out on the
order of tbe county commissioners.
Approved February 26, A. D. 1873.
AN ACI
TO PROVIDE FOR THE E ELTNQUTBHM BN T TO TBS
UNITED STATES, UT CERTAIN CASTES, OF TITLE TO
LANDS FOB SITES OF LIGHT BTATXOHS OS THE
COASTS AND WATERS OF THIS STATE.
SECTION 1. Be it enacted by the Senate and
House of Representatives of the State of South
sembly, and by the authority of the same:
That whenever it shall be made to appear to
anyone of the Circuit Courts of this State,
upon the application of any authorized agent '
of the United States, that the said United
Sutes are d?sirons of pure baaing any tract of
land and tbe right of way thereto, within the
limits of this State, for the erection of a light
house, beacon-light, range light, buoy-dap"*,
or other buildings needed for b'ghUiouaepar* .'
posee, and that the owner or owners of said land
are unknown, non-residents, ormmors.crfrorn JS
any other canses are incapable hf making a ""^
perfect title to said lands, or in case the said ^
owners, being residents, and oapiblo nf con?
veying, shall, from disagreement in price, or)t
any other cause whatever, refuse to convey \J
said lands to the United States, it shall be the'
dnty of the Judge of the District Court in '
which the lands so designated to be purchased
are situated, to order notice of the said appli- ~J
cation to be published in some newspaper
nearest to where said lands lie, also in ona
newspaper published in the city of Columbia,
once in each week, for the e pa co of four mon tba, ^
which DO tice shall contain an accurate doserfp? "
tion of the said lands, together with the ?ame? w
ot tbe owners, or supposed owners, and shall ;
require all persons interested Iii tbe said landa
to oome forward, on a day to be a pacified fes?
sai d no tice, and file their objections, if any ^
they should have, to the proposed purohaai;; ^
and at the time specified In said notice, 11 shill'I
be tibe dnty of the said District Court 'ppjjBH
panel a jury, in the manner now provided by^
law, to assess the raine of said lands at their ,
fair market vaine, and all damages susUlu?fvB
hy the owner of the lands so appropriated by -;
reason of such appropriation, which smotrn?* |H
when so assessed, together with the enUrw- i;;
costs of said proceedings, shall be paid tota-**
the county treasury of said county in wrdo&.-'v?
said proceedings are bid, and theran non- t?m0?m
shorirT of the said county, opon tho prmftieGon ..
of tbe certificate of the treasurer of Baid coun-' 4
ty that the said amount has been paid, shall '
execute to the United States, and deliver to; "'J
their authorised agent, a deed of tue said la.Td*,v.\
reciting the proceedings in said causo, whick^|
said deed shall omvey to the said-?fniiii?^
States a good and absoluta title to tte said. |
lands against all person! whatsoever. JU?!
SEO 2. That tbe money so paid into .th?7T
county treasury shall remain .vnbj " clfiS
dei ed to be paid oat by a court of competent '. . Jj
Ssa 3. It shall bathe dot? of the frdfMjK
recting the money to be paid to a county txe&raj
urer in accordance with the proceadinga oftaas?
act, to require of such treasurer a bond^BH
double the amount of money ordered to be p??S
by bim, with two or more sufficient anrrtBBH
to be approved by said judge. Said bojHag
shall bo pay? ble to tho people of the S ta iii of\fc
Soath Carolina, for the ase and benefit ofawgHH
persons, severally, as are entitled to aai&jfl
money. Said bonds shall be executed and? a?j|
jsroved and filed with the clerk of a?id oojBrcft
before receiving said money. r. AT, fir
SEC. 4. In all oases of publication of BQtfcjl&S
under this sot the court shan require the saaaev-B
proof as in cases of publication of notice un?JM >
the civil practice act of this State. . C*J<?j
Ssa 5. That the jtuiadiotion of the Stato (jifl
douth Carolina is hereby ceded to tho Usjjdll
States of America over ao much land aamajWSl
conveyed to. the said United States in tba Jbct* M
going specified manner for Ugfatrhouse^M^I
poses: Provided, ?hH anch jtirisdicijjmij|^g
granted apon tbe express ooncrrtnra'ibarlt?a^
State of Sooth Carolina shall retain a xmaar- f
rent jurisdiotiou with the United Suit?&$|25g
over aaid landa, ao far as that civil prooe?lfi^
all cases, not affecting tbe real or persona] ppSepJ
perty of the United States, and such ?Mjj^^B
or orthor process as shell issue ander' n?S
authority of theState of South Carolina agal?B?.??
?,ny person ur persons oharged with crimes ?Ot-'M
misdemeanors committed within or wifehwrir'^
tbe limits of the said lands, may be oxecubdi^
therein in the same way and manner as if no j j
juriadiction had been hereby coded. . '- - y
SEC. 6. That all the lands and teneme?if--:J
which may be granted as aforesaid to t??? )
United States, shall be and continue, so Idi^'iJ
as the same shall be need for the parposevraff
this act mentioned, exonerated-and dtohaj[|??^ffi
from all taxes and assessments, and ???^a
charges which may be imposed uruier:'JiMwS
authority of the State of Soath Carolina.
Approved January 16, A. D. 1873.
TO AMEND SECTIONS NINETEEN AND TSO^K
THHEB OF CHAPTER XVIII op TTTLBJ ? Vf
THB ACT ENTITLED "AN ACT FOR ll I I "lill jjjjSH
AND CONSOLIDATING THE GENERALJffMUJU*9M
OF THE STATE," RELATING TO TBS/^OtTJO^Sj
RIE3 OF LANCASTER AND TORE OfjCNTTjj,
SECTION 1. Be it enacted by the Senatei^a^Hj
Honse ot Representatives ot the State ot- BaqflW
Carolina, now met and slttlu^n Gerieral;iJMB[
eembly, and by the authority oiw8iR^j^
That Section nineteen (19) ol Chapter XS
ot Title 6 of the aot entitled "AnaotforreviH
and eonsolldatlng the General RtatntesfjB
State be, and the same ls hereby, amepd^M
adding after the words "Catawba .Rly?jr?
the second line, the words "and Big S?B
Creek, from where lt enters Into said rfv$^^
SEO. 2. That Section thlrty-lbrea (53)"?f ititM
act be amended by striking ocr tho TOrw-ffi
"irom which lt is separated by the ^ffl^ff?
River," in the last Hue, ao that the aectloti^^^
end with the words "iifirth Carolina Has.w" ? J
Approved February 27,'A. B.-48I?_
AN ACT : i^J^?l
FOR THE BETTER PBOTRCTION OF SV^SSl^ ?' J
WORSHIP.
Be it enacted by the Senate and Hotii?OT3
Representatives or the Stace of SouthtfwUwH
now met and Bitting in General Assembly, SjsWn
by the authority of the same:' 'Jfi
That if any person shall wilfully MMfflfifwl
lioioualy disturb or interrupt any meeton s#^3
ctety, assembly or congregation conv?n&lb?;;1#
tho purpose of religious worship, or ?hafllgjteir^
such meeting while in a elate ol intoxSmi,^
or shall uso or sell spirituous liTim^sl^wPW|
blasphemous language at or near than$MK9
meeting, each person shall ba deemewS^^
of a misdemeanor, and shall, on convWS^M IP
sentenced to pay a fine of not leas ???^jf^MMj
ty or more than one hundred ilriTIli i? Tiiffiir1!"
imprisoned for a term not exceeding oof?jtaH
or less than thirty days, or both, ore?t?s?|5S
the discretion of the court. .x :fo"5j^?B
Approved Febraary 20, A. DT187$. ^^SL\m
AN ACT ;
TO AMEND SECTION" 17 OP CEAPrXB
.. . GENERAL 8TAT OTES OF THB t
Be it enacted by the Senate anc
Representatives of. the State of
Una, now met and sluing- lo. Gae
bl j, and by the authority of the ?_
That SecUon 17, Chapter XLV% o
eral Statutes of the State, be
striking out the words "forty five,*1
In ilea thereof the words "flftj-flve."
Approved February 21,