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ACTS
THE GENERAL ASSEMBLY
OF TH1
STATE OF SO.UTH CAROLINA,
PASSED IN
DEOEMBEE, 1862,
AND
FEBRUARY AJSTD APRIL, 1863
PRINTED BY ORDER OP THE LEGISLATURE, IN CONFORMITY WITH THE STATUTES
AT LARGE, AND DESIGNED TO FORM A PART OF THE THIRTEENTH
VOLUME, COMMENCING WITH THE ACTB OF 1861.
COLUMBIA, S. 0.: CHARLES P. PELHAM STATE, PRINTER.
1863.
George Washington Flowers Memorial Collection
DUKE UNIVERSITY LIBRARY
ESTABLISHED BY THE FAMILY OF
COLONEL FLOWERS
A C T S
THE GENERAL ASSEMBLY
STATE OF SOUTH CAROLINA,
PASSED [K
DECEJVI BEE, 1862:
FEBRUARY AND APRIL, 1863
,(TKD BY ORDER OF THE LEGISLATURE, IN CONFORMITY "WITH THE .STATUTE? AT LAKGE, AND DESIGNED TO FORMA TART OF THE THIRTEENTH VOLUME, COMMENCING "WITH THE ACTS OF 1861.
VOLUMK
_
COLUMBIA, S. C: CHARLES I\ PHLHAM, STATE FBINTSS
1863.
LIST OF ACTS
PASSED AT THE SESSIONS OF 1862-63.
Page
An Act to raise Supplies for the year commencing in October, one
thousand eight hundred and sixty-two 89
An Act to make Appropriations for the year commencing in October,
one thousand eight hundred and sixty-two 92
An Act for the better organization of the Militia, and for other pur- poses 100
An Act to organize and supply Negro Labor for Coast Defence, in compliance with requisitions of the Government of the Confed- erate States 1 ©f>
An Act to amend an Act entitled " An Act to organize and supply Negro Labor for Coast Defence, in compliance with requisitions of the Government of the Confederate States," and to authorize and direct the Governor to proceed to furnish Negro Labor under said Act 109
An Act to amend an Act entitled " An Act to amend an Act entitled ' An Act to organize and supply Negro Labor for Coast Defence, in compliance with requisitions of the Government of the Con- federate States,'" and for other purposes 110
An Act to Suppress the undue Distillation of Spirituous Liquors from
the Cereal Grains of this State Ill
An Act to Suppress the Distillation of Spirituous Liquors in this State 113
An Act to Prevent and Punish the Planting and Cultivating, in this
State, over a certain quantity of Cotton during the present year.. 114
An Act to amend an Act entitled " An Act to Prevent and Punish the Planting and Cultivating, in this State, over a certain quantity of Cotton during the present year 115
An Act to provide against Dearths of Salt 117
An Act to incorporate certain Religious and Charitable Societies, ami
to renew and amend the Charters of others, heretofore granted... 1 L9
iv LIST OF ACTS.
Paox
An Act to provide for the payment by the State of such War Tax as may be imposed by the Congress of the Confederate States during the year one thousand eight hundred and sixty-three, and for the collection of the same from the Tax-Payers in this State 122
An Act to amend an Act entitled " An Act to provide for the payment by the State of the War Tax of the Confederate States, and for the collection of the same from the Tax-Payers in this State.".... 126
An Act to repeal an Act entitled u An Act to Provide for the payment by the State of such War Tax as may be imposed by the Con- gress of the Confederate States during the year one thousand eight hundred and sixth-three, and for the collection of the same from the Tax-Payers in this State." 127
An Act to authorize and empower certain Regiments to Elect their
Field Officers 128
An Act to enable Citizens of the State who are engaged in Military
Service to exercise the Rights of Suffrage 129
An Act to establish and recharter certain Roads, Bridges and Ferries,
and for other purposes 131
An Act to incorporate the Edisto and Ashley Canal Company 133
An Act to make appropriation in Aid of the Families of Soldiers, and to repeal an Act entitled " An Act to afford Aid to the Families of Soldiers," ratified on the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one 137
An Act to amend an Act entitled " An Act to make Appropriation in Aid of the Families of Soldiers, and to repeal an Act entitled an Act to afford Aid to the Families of Soldiers," ratified on the twenty-first day of December, in the year of our Lord one thou- sand eight hundred and sixty-one 139
An Act to refund to the Soldiers' Board of Relief for Barnwell and Laurens Districts, and for Saint Matthew's and Christ Church Parishes, moneys advanced and expended by them, as Boards of Relief, out of their private funds 140
An Act to provide for a guaranty by the State of the Bonds of the
Confederate States 141
An Act to provide for a guaranty by the State of the Bonds of the
Confederate States . . 142
An Act to prohibit Extortion and Punish Extortioners 143
An Act to enforce any Proclamation of the Governor prohibiting the
Exportation of Provisions 144
An Act to punish Purchasing under Assumed Authority 14(i
LIST Of ACTS v
Pioi
An Act to abolish the Executive Council established by the Ordinance
of the Convention entitled " An Ordinance for Strengthening the Executive Department during the exigencies of the present War." » 147
An Act to declare the Law in relation to the proceedings of the. Exec- utive Council 147
An Act for the appointment of Commissioners of the Poor for Lan- caster District 14*
An Act to continue in force an Act entitled " An Act to extend Relief to Debtors, and to prevent the sacrifice of Property at public sales." 14*
An Act to provide for the appointment of Commissioners of the Poor
for Darlington District and for Chesterfield District 144)
An Act to authorize the Dank of the State to iuerease its issue of
Small Bills 160
An Act to incorporate, with uniform rights, powers, and privileges,
Protestant Episcopal Congregations in South Carolina 160
An Act to renew and amend the Charter of the Swedish Iron Manu- facturing Company of South Carolina, and to change the name thereof 161
An Act to vest in the Confederate Government a part of the Columbia
Canal for the term of twelve years 152
An Act to Incorporate the Carolina Cotton and Woolen Factory 153
An Act to grant the Aid of the State to the Cheraw and Coal Fields
Railroad Company 156
An Act to charter the Shelby and Broad River Railroad Company 167
An Act to Incorporate the Wando, Wambaw and Wiuyah Canal Com- pany 150
An Act to charter the Palmetto Exporting and Importing Company... 161
An Act to Incorporate the Importing aud Exportiog Company of
South Carolina Itt2
An Act to Charter the Atlantic Steam Packet Company of the Con- federate States 164
An Act to authorize the issue of Stock lor the purpose of continuing
the construction of the New State House 165
An Act to increase the fees of Sheriffs for dieting persons confined in
jail : 166
An Act to confer the rights of Legitimacy on Mary E. Daniel 166
OF SOUTH CAROLINA. S9
an" act to raise supplies for the year commencing in october, a.d.u 2'&:
One Thousand Ehuit Hundred and Sixty-two. "^-"^ '
No. 4611.
Be if enacted by tlic Senate and House of Representatives, now met and
sitting in General Assembly, nud by tbe authority of the same, Tbat a ta>: for the sums aud in the manner hereinafter mentioned, shall be raised and paid into the Treasury of this State, for the use and service thereof; that is to say: one dollar and thirty cents ad valorem on every hundred dollars of Lands, the value of all lauds granted in this State, according to the existing classi- fication, as heretofore established; one dollar and twenty-six cents per head Slaves. on all slaves : Provided, That all lauds or slaves in this State, now iu posses- Exemption, siou or under the coutrol of the enemy, aud such other lands or slaves as may be taken by the enemy before the return of the said property to the Tax Collector, and also such other lands as shall have been abandoned by the owners in consequence of the action of the Military authorities, shall be exempt from taxation under this Act; three dollars on each free negro, Free negro mulatto or mestizo, between the ages of fifteen and fifty years, except such as shall clearly be proved to the satisfaction ofMhc Collector to be incapable, from wounds or otherwise, of procuring a livelihood, and except those who now are, or have at any time been, in the service oF the army of this State or of the Confederate States, in the existing war; twenty-two cents, ad Real estate. valorem, on every hundred dollars of the value of all lots, lands and build- ings within any city, town, village or borough in this State: Provided, That Exception in * . _ -_, • , . Charleston.
the tax on lands and buildings in the city of Charleston be assessed on the value of the lauds only, where the buildings and improvements on the land have been destroyed by the late coufiagratiou. And provided, further, That Exemption, no tax shall be levied on lots, lands, and buildings within any city, town, village or borough in this State which have passed into the possession or under the control of the enemy, or which may pass into the possession or under the control of the enemy before returns arc made to the Tax Col- lectors; one hundred cents per hundred dollars on factorage, employments, Factors faculties and professions, including the profession of dentistry, and inclu- ,v}m ding herein Clerks of Courts of Common Pleas and General Sessions, Sheriffs, Masters and Commissioners iu Equity, Registers in Equity, Regis- ters of Mesne Conveyance, Ordinaries and Coroners, whether in the pro- fession or employment of law or equity, the profits to be derived from the costs of suit, fees, or other sources of professional income, except clergy- men, school-masters, school-mistresses and mechanics; one hundred cents commissions. on every hundred dollars on the amount of commissions received by.vendue masters and commission mcrchauts ; forty cents per bundled dollars on the Bank stock, capital stock paid in on the first of October, one thousand eight hundred aud sixty-two, of all banks which for their present charters have not paid 12
90
STATUTES AT LARGE
A. D. 1862 '3.
Gas-Light and Insurance com panies.
Goods, wares, and merchan- dise.
Transient mer- chandise.
Exhibitions.
Moneys in- vested.
Commercial
agencies.
Cards and billiards.
a bonus to the State, which said bank tax the stockholder, when he or she resides witbin the State, sball have the right to pay to the Tax Collector of the District or Parish where such stockholder resides, by paying the same on or before the first day of June next, and forwarding a duplicate receipt of such payment to the President of such bank; and in case any stock- holder resides without the State, the tax on the stock of such stockholder shall be paid to the Tax Collector of the District or Parish where the bank is located ; eighty cents per hundred dollars on the capital stock of any bank of issue not incorporated by this State, paid in on the first day of October, one thousand eight hundred and sixty-two, doing business by agents within the limits of this State ; forty cents per hundred dollars on the capital stock of all incorporated gas-light companies; one and a-half per centum on all premiums taken in this State by incorporated insurance companies, and by the agencies in this State, acting in behalf of insurance companies and underwriters without the limits of this State ; twenty-two cents on every hundred dollars of the amount of sales of goods, wares and merchandise, embracing all articles of trade for sale, barter or exchange (the products of this State, and the unmanufactured- products of any of the States of the Confederate States excepted), which any person shall have made from the first day of January, in the year of our Lord one thousand eight hundred and sixty-two, to the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, either on his, her or their capital, or borrowed capital, or on account of any person or persons, as agent, attor- ney or consignee ; ninety cents upon every hundred dollars of the amount of sales of goods, wares and merchandise whatever, which any transient person, not resident in this State, shall make in any house, stall or public place, whether the said sale be made by sample or otherwise ; twenty dollars per day for all circus exhibitions ; five dollars per day for representing publicly, for gain and reward, any play, comedy, tragedy, interlude or farce, or other employment of the stage, or any part therein, or for exhibiting wax figures or other shows, of any kind whatever, to be paid into the hands of the Clerks of the Courts respectively, who shall be bound to pay the same into the Treasuries of the State of South Carolina, except in cases where the same is now required by law to be paid to corporations or other- wise ; one-tenth of one per cent, on all moneys loaned, moneys at interest, all moneys invested in the stocks or bonds of any individual, State or cor- poration, other than bonds or stocks of this State or of the Confederate States, and other than the stocks of the banks and railroad companies of this State: one dollar and fifty cents for every hundred dollars of gross receipts of all commercial agencies within the limits of this State; thirteen cents on every pack of playing cards sold in this State ; fifteen dollars upon
OF SOUTH CAROLINA. 91
every billiard table within this State, used to and for the purpose of raising A.t>.i862'3. a revenue therefrom: one hundred cents on the hundred dollars of all ^""""V""""''^ salaries, including public officers, except officers of the Army and Navy, and on all wages, from whatever source derived, except wages of five hun- dred dollars or less per annum.
II. All taxes levied on property, as prescribed in the first section of this Taxes, to whom Act, shall be paid to the Tax Collector for the tax district in which said
property is located : Provided, That where negroes have been removed from any Districts or Parishes by reason of the dangers arising from the inva- sion or occupation thereof by the enemy, it shall be lawful to pay the taxes Upon the same to the Tax Collectors of the Districts or Parishes from which said negroes were removed. That all taxes levied on property in this State during the continuance of the war between the Confederate and United States of America, may be paid in Confederate notes or other current funds. The commissions to be received by the various Tax Collectors of this State, commissions of for the year commencing on the first day of October, one thousand eight hundred and sixty-two, shall be at the rate of seventy per centum of the commissions now allowed them by law, except such Districts and Parishes as pay an amount less than eight hundred dollars to the Collector.
III. The Tax Collectors in the several Districts and Parishes in this Polire taxes, State, in their returns hereafter to be made, are hereby required and en- joined to state the precise amounts of taxes collected by them for support- ing the police of the said several Districts and Parishes aforesaid, stating
the rates per centum on the amounts of the State tax collected for said District and Parish police purposes, and the total amount of commissions received by each and every of such Tax Collectors, and the rate per centum of his oommissions; and the Comptroller General shall return the same in his report.
IV. Free negroes, muiattoes and mestizoes are hereby required to make Returns of n-eo their returns and pay their taxes during the month of April; and the Tax ° Collector of St. Philip's and St, Michael's is allowed until the month of
June to receive the taxes of white persons.
V. The lots and houses on Sullivan's Island shall be freed from taxation Sullivan's during the existing war between the Confederate States and the United tk>nnon.eiemp~ States of America, the same being used by the troops of the Confederate
States or by the works for defence.
VI. That the Tax Collectors be authorized to extend the time for the Time of coiioc- receipt, and also for the payment of taxes, aud also for the payment thereof
into the Treasury of this State, for a period of thirty days beyond the periods therefor hitherto allowed by law.
?3 STATUTES AT LARGE
A. D.1862'3. VII. That the sum of two hundred and fifty thousand dollars, received 1 "" " v by Wilmot Gr- De''aussure, as A«ent of the State, from the Confederate
Disposition of J ...
appropriation Government, and by him paid into the Treasury of this State, under the resolution of the Confederate Congress relative to the conflagration in the city of Charleston, on the eleventh day of December, one thousand eight hundred and sixty-one, and also all such other sums of money as may be received from the Confederate Government, during the present year, and placed in- the Treasury, be subject to such appropriations as may be made by the General Assembly of this State.
In the Senate House, the sixth day of February, in the year of oar Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W- D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives,
No. 4612. AN ACT to make appropriations for the Year commencing i# October, one thousand eight hundred and sixty-two.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the following sums be, and they are hereby, appropriated for the payment of the various officers and expenses of the State Government, that is to Executive De- say: In the Executive Department: For the salary of the Governor, three thousand five hundred dollars ; for the Private Secretary of the Governor, fifteen hundred dollars; for the rent of the Governor's House in Columbia, in case he should not occupy the house offered him by the Legislature, twelve hundred dollars; for the Messenger of the Governor, two hundred and fifty dollars; for the contingent fund of the Executive Department, ten thousand dollars, to be subject to the draft of the Governor, and to be accounted for annually by him to the Legislature; for the furnishing of the Governor's House in Columbia, one thousand five hundred dollars. Legislative De-- II- In the Legislative Department: For the pay of the Members of the partment. Legislature, and the Attorney General, and the Solicitors, during the present
session, and of the Committees appointed to inspect the Bank of the State and its branches, thirty-five thousand dollars, if so much be necessary; for
OF SOUTH CAROLINA. 93
the salaries of the Clerks of the Senate and House of Representatives, a.d.i.?62-3. twelve hundred dollars each; and to the said Clerks, for the services of two ' y" Assistant Clerks, two hundred and fifty dollars for the Clerk of the Senate, and two hundred and fifty dollars for the Clerk of the House; for the salaries of two Messengers and two Doorkeepers, each two hundred and fifty dollftra, to be paid at tl«3 adjournment of the Legislature; for the salary of the Keeper of the State House and Librarian, seven hundred dollars; for the salaries of the Heading Clerks of the Senate and. House of Repre- sentatives, each two hundred and fifty (hilar.-; : and for their services at the session commencing on the twentieth day of January, eighteen hundred and sixty-three, to the Clerks of the Senate and House of Representatives* two-thirds of the usual amount; and for the services of the two Assistant Clerks of the Senate and House of Representatives, two-thirds of the usual amount; for the salaries of two Messengers and two Doorkeepers, each two- thirds the usual amount; and for the salaries of the Reading Clerks of each House, two-thirds the usual amount of their salaries ; for extra services of the Messenger of the Senate, and for extra services of the Messenger of the House of Representatives, each fifty dollars, to be paid at the end of the session ; for the services of the Engrossing Clerks, to be paid under the direction of the President of the Senate and of the Speaker of the House of Representatives, six hundred dollars; for the services of the Engrossing Clerks at session of January, eighteen hundred and sixty-three, to be paid under the direction of the President of the Senate and Speaker of the House, five hundred dollars; that the President of the Senate and Speaker of the House of Representatives be authorized to issue to the Librarian a pay-bill for the same per diem as is by law allowed to members of the General Assembly, for the period of the present extra session; for the Printers of the Senate and House of Representatives, in pursuance of the contracts made by the Committees of both Houses, eleven thousand five. hundred dollars, if so much be necessary, for the printing executed by the said Printers during the present session of the Legislature, the same to be paid to them as soon as the amounts of said contracts shall be ascertained, by the Treasurer of the Upper Division; for the Printer, for printing, in pamplet form, the Acts and Journals of both Houses, Reports and Resolu- tions agreed to, the Governor's Messages, Reports of the President of the Rank and Comptroller General, with the accompanying documents, eight thousand dollars, if so much be necessary : Provided, The number of copies specified in the proposals of the Priuters, as accepted by the Legislature, shall be printed and deposited in the office of the Treasury of the Upper Division before the twentieth of April next, and the amount to be paid according to the proposals, which shall be ascertained by the Treasurer
partmctit.
94 ' STATUTES AT LARGE
A.D.1862'3. aforesaid: And further provided, That the Printer of Acts and Journals ^ y ^ do publish, in his newspaper at Columbia, all the public Acts which may be passed at the present session, within twenty days after the adjournment of the Legislature, and forward by mail, to each member of the General Assembly, each of the Judges, Attorney General, and each of the Solicitors, a copy of such newspaper, as soon as such newspaper is issued ; to the keeper of the State House, for contingent expenses during the present ses- sion of the Legislature, twelve hundred dollars, if so much be necessary, to be accounted for by him at the Treasury, and reported by the Treasurer to the General Assembly; for stationery, fuel, distributing Acts, and expenses for election returns, sixteen hundred dollars, if so much be necessary; five hundred dollars for enlarging the Library room, to be paid on the draft of the keeper of the State House. judiciary De* III. In the Judiciary Department : For the salary of the Chief Justice) three thousand five hundred dollars ; for the salaries of the Judges and Chancellors, three thousand dollars each; for the salary of the Attorney General, eleven hundred dollars; for the salaries of five Solicitors, nine hundred dollars each ; for the Clerk of the Court of Appeals in Columbia, six hundred dollars; for the salary of the Messenger of the said Court at Columbia, two hundred dollars : Provided, It shall be the duty of the said Messenger to summon all members of the Bar who are members of the Legislature, when their cases may be called for trial ; for the salary of the Librarian of the Court of Appeals in Columbia, two hundred dollars, the same to include the expenses of fuel for the Court of Appeals and for the Library; for the salary of the Clerk of the Court of Appeals in Charleston, six hundred dollars; for the salary of the Messenger of the said Court two hundred dollars; for the salary of the Librarian of the Court of Appeals in Charleston, two hundred dollars, to include the expense of fuel for the Court of Appeals and for the Library; for the salary of the State Reporter fifteen hundred dollars ; and the several appropriations aforesaid, for the Clerks, Librarians, Messengers, Reporter, and for the incidental expenses of the Court of Appeals, shall be paid by the Treasurer, only upon warrant to be drawn by the presiding Judge of the Court of Appeals, at such times and for such portions as they may deem just and proper, and it shall be the . duty of the said Reporter to attend in person, or by deputy, the sittings of the Courts of Appeals and Errors in Columbia and Charleston, and to report such arguments and statements of facts as may be necessary to a correct understanding of the decisions of the said Courts: Provided, That the Judges of the Court of Appeals may, if they think proper, announce the results of their decisions at certain stated periods, before filing their opin- ions : And farther provided, That the said Reporter shall publish in one or
OF SOUTH CAROLINA. 95
more of the newspapers at Columbia, an abstract of the principles decided a.d.is62'3. by the Court of Appeals in its opinion, as soon as practicable after the ' « ' delivery of the same; for the pay of the Jurors and Constables, twelve thousand five hundred dollars, if so much be necessary, the certificates to be paid at either Treasury.
IV. In the Treasury Department: For the salary of the Comptroller Treasury De- General two thousand dollars ; for the salary of the Clerk of the Comptroller General, one thousand dollars, the said Clerk to be appointed and removed
at the pleasure of the Comptroller General; for the salary of the Treasurer of the Lower Division, and for Clerk hire, two thousand dollars; for the salary of the Treasurer of the Upper Division, and for Clerk here, sixteen hundred dollars; for the Assessor of Saint Philip's and Saint Michael's, for making out and affixing assessments of each return, one thousand'dollars ; for the services of the Comptroller General for copying tax-books, two hundred dollars; and for additional compensation to the Treasurer of the Lower Division, for the performance of the additional duties imposed upon Mm by an Act entitled "An Act to authorize the issue of certificates of stock to provide for the military defence of the State," ratified the twenty- second day of December, iu the year of our Lord one thousand eight hundred and sixty, four hundred dollars; for printing and distributing tax returns, seventeen hundred dollars.
V. For the South Carolina College : For the salary of the President of South Carolina
/. College.
the College three thousand dollars ; for the salaries of seven professors of the College, two thousand five hundred dollars each ; for the salary of the Treasurer of the College, five hundred dollars; for the salary of the Libra- rian of the College, six hundred dollars; for the salary of the Secretary of the Board of Trustees, two hundred dollars; for the salary of the Marshal, four hundred dollars; the salaries of the President, Professors, Treasurer and Librarian, to be paid by the Treasurer of the Upper Division, quarterly, in advance, their drafts being countersigned by the Treasurer of the College.
VI. For the ordinary Civil Expenses : For the payment of the contin- Ordinary civil gent accounts of the Upper Division, twelve thousand one hundred and sixty-nine dollars, if so much be necessary; for the payment of the contin- gent accounts of the Lower Division, eleven thousand three hundred and sixty-two dollars, if so much be necessary; for the payment of pensions and annuities, six hundred dollars, if so much be necessary; for the payment
of such claims as shall be admitted by the Legislature at its present ses- sion, twenty thousand dollars, if so much be necessary ; for the support of Free Schools, seventy-four thousand four hundred dollars, if so much be necessary, to be distributed among the several Election Districts in the State, in the proportion of six hundred dollars to each Representative in the popular branch of the Legislature ; for the support of paupers at the Lu-
90 STATUTES AT LARGE
a. D.iS62'3, natic Asylum, five thousand five liundred dollars, if so mucli be necessary;
*"" ""~y—— ^ for the education of the Deaf and Dumb and of the Blind, eight thousand dollars, if so much be necessary, to be paid to the Commissioners in the same manner as the appropriation heretofore made; for refunding taxes, as directed by the reports of the Committees of Ways and Means and of Finance and Banks, agreed to by the Legislature, three thousand dollars, if so much be necessary; for the payment of the interest on two millions one hundred and fifty thousand five hundred and ninety dollars of bonds and stocks, issued for the construction of the new State Capitol, one hundred and twenty-nine thousand nine hundred and four dollars; for the payment of the interest on three hundred and ten thousand dollars of the bonds of the State, issued under an Act entitled " Au Act to grant aid to the Blue Kidge Railroad," ratified the twenty-second day of December, in the year of our Lord one thousand eight hundred and fifty-nine, eighteen thousand sis hundred dollars; for the payment of the interest on the balance of four hundred thousand dollars of bonds of the State, issued for the military de- fence of the State, fifteen thousand dollars ; for the payment of the interest on four hundred and eighty-four thousand two hundred and eighty dollars, 0 issued for the military defence of the State, thirty-three thousand nine hundred dollars ; for the payment of the interest on one million eight hun- dred thousand dollars of the bonds and stock authorized to be issued at the last session of the Legislature for the military defence of the State, one hundred and six thousand and thirty dollars.
Military expen- VII. For Military Expenditures : For the salaries of the following offi- ditures, 1T _ . . , _ \ t , ., ' .
cers, viz.: Adjutant and Inspector General, two thousand five hundred dol- lars; Arsenal Keeper in Charleston, one thousand dollars; Arsenal Keeper and Powder Receiver at Columbia, at the rate of four hundred dollars per annum; Physician of the Jail and Physician of the Magazine Guard at Charleston, each five hundred dollars; and for the support of the Military Academies at Charleston and Columbia, thirty-seven thousand dollars, if so much be necessary; and the said Military Academies shall be under the direction of the Board of Visitors : Provided, That each District shall be entitled to send to said Academies a number of beneficiaries equal to its representation in the House of Representatives, or in that proportion as far as the appropriation for the school may allow ; for the salary of the Clerk of the Adjutant and Inspector General, one thousand and eighty dollars; for the services of the Secretary of State during the current year, for all service in issuing all military commissions, and in lieu of any charge against the State for commissions of civil officers, eight hundred dollars, to be paid as other salaries directed to be paid by law ; for the salary of the Ordnance Officer, three thousand dollars; for the salary of the Clerk of the Ordnance Officer, one thousand dollars, if so much be necessary, to be paid upon the
OP SOUTH CAROLINA. . 97
draft of the said Ordnance Officer, said salaries to be paid quarterly; to A.D.liC2*3. . defray the expenses attendant upon the military defence of the State, five Vs~~" v^1"^ hundred thousand dollars, to be paid upou the draft of his Excellency the Governor, and that his Excelleucy the Governor be also authorized to ex- pend, or see expended under his direction, the balances now in the hands of the departmental officers, and at the Executive credit, from the appropriation of the last year, and^hat an account thereof be rendered to the next regu- lar session of this General Assembly.
VIII. For ordinary Local Expenditures: For the support of the transient Ordinary local poor of Charleston, seven thousand dollars, to be paid to the City Council expen ltUie-y- of Charleston, and accounted for by them to the Legislature ; for the salary of the Port Physician in Charleston, including boat hire and other incidental expenses, eight hundred dollars; for the execution of the Quarantine Laws at Charleston, one thousand dollars, if so much be necessary, to be paid to^ the City Council of Charleston, and expended under their direction ; for the salary of the Superintendent of the Fire Proof Building in Charleston, during the present year, one hundred dollars ; for the support of the tran- sient poor of Georgetown, three hundred and twenty-nine dollars twenty- two cents, and also the balauce reported by the Commissioners as remaining in their hands, the two sums amounting to six hundred dollars, to be ex- pended by the Commissioners of the Poor of Wiuyah, to be accounted for by them to the Legislature; for aiding the support of a ferry at Elliott's Out, two hundred dollars, subject to the order of the Commissioner of Roads for Saint Andrew's Parish ; for maintaining and keeping open the Roper Hospital, in Charleston, three thousand dollars, to be paid to the Medical Society, in trust for the Roper fund, to defray the expenses of the said hospital; for the support of the State Normal and High School, at Charles- ton, five thousand dollars, to be subject to the draft of the Commissioners of Free Schools of St. Philip's and St. Michael's, and to be applied by them as prescribed by law ; for the support of the Catawba Indians, twelve hun- dred dollars, if so much be necessary.
For Extraordinary Expenditures : For the salary of John R. Niern- Extraordinary see, as acting Commissioner, Superintendent and Architect of the New exPendl,ure3- State House, three thousand dollars, to be paid as the salaries of other officers ; for the purpose of covering the rooms in the New State House, six hundred dollars, to be paid upon the draft of the acting Commissioner, Superintendent and Architect; for the construction of a railroad bridge over the Ashley River, near Charleston, as a military road, thirty-five thousand dollars, to be paid upon the draft of his Excellency the Governor; the sum of ten thousand two hundred and thirty-seven dollars ninety-seven cents, if so jnuch be necessary, for building side turn-outs and for the pur- 13
98 STATUTES AT LARGE
a. D. 1862 '3. chase of such cars, for use on the Savannah and Charleston railroad, as v"~"~v^-'' was rendered necessary by a resolution of the Executive Council, to be paid upon the draft of his Excellency the Governor; for repairing the roof of the old State House, fifteen hundred dollars, if so much be necessary, to be paid on the draft of the keeper of the State House ; for the removal of slaves from the reach of the enemy, pursuant to the Ordinance of the Con- vention, eighteen thousand dollars, to be paid as directed by the report of the Committee on Colored Population of the House of Representatives; that the sum of nine thousand six hundred and eighty dollars, the amount of deficiency for the support of pauper lunatics, as reported by the regents of the Lunatic Asylum for the year one thousand eight hundred and sixty- two, be paid to the draft of the Chairman of the Board of Regents ; for the construction of one thousand Morse's carbines, if so much be necessary, to — be paid upon the draft of his Excellency the Governor, fifteen thousand dollars; for the purchase of twenty copies of Mahan's Permanent Fortifica- tions, five hundred dollars, if so much be necessary, to be paid upon the draft of the Chairman of the Board of Visitors of the Military Academies; to Asa George, for the construction of six small and one large revolving cannon, ten thousand dollars, to be paid upon the draft of his Excellency the Governor; for the erection of such buildings at the Arsenal Academy in Columbia as by the Board of Visitors shall be considered necessary, twenty-five thousand dollars, to be paid upon the draft of the Chairman of said Board : Provided, That plans and specifications of said additional buildings, and estimates showing that their cost shall not exceed twenty- five thousand dollars, including in said estimates the cost of any materials that may now belong to the State, and which can be used for the purpose, shall be made by the architect of the State before any part of the said ap- propriation shall be drawn ; for the support of two cadets now in the Mili- tary Academy, one appointed by this General Assemby, the other appointed by the Governor, one thousand dollars, to be drawn and accounted for by the Board of Visitors ; for the education of six young men at the Military Academies of this State, and to be drawn by the Chairman of the Board of Visitors, two thousand four hundred dollars, such young men to be selected, one for each Congressional District, by his Excellency the Gov- ernor; for the support of the transient poor of Columbia, two thousand dollars, to be paid to the City Council of Columbia, and accounted for by them to the Legislature; for the Marine School of Charleston, seven thou- sand dollars, to be paid to the Charleston Port Society, upon the draft of the President, countersigned by the Secretary; that William B. Johnston, as agent of the State for the collection and recording in a suitable book, to be deposited in the archives of the State, of the names of such sons of South Carolina as, during the present war, have fallen in the service of their
OF SOUTH CAROLINA. * 99
couutry, whether iu battle, from wounds received in battle, from disease, or A. D. 1862 '3. from accident, be paid at the rate of twelve hundred dollars per annum, the v*~~~v — ' same to be paid as the salaries of other officers of the State are paid by law, and that he do report to the next regular session of this General Assembly the names of all such as have so fallen up to that period ; to Charles P. Pclham, nine hundred and thirty-five dollars fifty-one cents, being the balance due him for printing the Acts, Journals, &o., and to be paid upon his draft; to James Tupper, E^q., Auditor, three thousand dollars, to be paid to him as are the salaries of other officers; to Gen. "Wilmot G. De- Saussure, two thousand dollars for his services connected with the Treasury Department, to be paid to his order; for the construction or purchase of machines for manufacturing cotton cards, subject to the draft of the Governor, twenty thousand dollars; that in case of the completion by Allen and Sprague of the contract entered into between them and the State of South Carolina, pursuant to the resolution of the General Assembly, his Excellency the Governor, together with the Comptroller General, be author- ized to issue, in the name of the State of South Carolina, three hundred and fifty thousand dollars of bonds bearing six per cent, interest, and of the value of one thousand dollars each, and to be expended by his Excel- lency the Governor in the payment of the said Allen and Sprague, in accordance with his election under the contract, the interest on the said bonds to be paid at the Bank of the State of South Carolina semi-annually, and the time of payment to be regulated by his Excellency the Governor and the Comptroller General, and that, for any armament which may be required, his Excellency the Governor be authorized to borrow of the Bank of the State of South Carolina a sufficient amount; the sum of two hun- For destitute dred thousand dollars, (8200,000,) for the supply of the destitute soldiers of the State with shoes, clothing, and blankets, the same to be paid to the Central Association for the relief of the soldiers of South Carolina, on the drafts of their Chairman, countersigned by their Treasurer, to be ex- pended in purchasing and forwarding to our soldiers shoes, blankets and clothing, and in refunding to the said Association the sum of twenty thousand dollars ($20,000) already advanced on contracts made for shoes, and that the said Association do account therefor to the General Assembly at its next session.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. P. PORTER, President of the Senate, ,
A. P. ALDRICH, Speaker House of Representatives.
100
STATUTES AT LARGE
A. I'. 1862 '3.
No. 4613.
Ordinances of i lonrontion repealed.
Militia Act in force.
Part of Act of 1^'jI repealed.
Commission and pay of Clerk.
Persons liable to Military service.
Exemptions 1'vom ordinary Militia duty.
AN ACT FOR THE BETTER ORGANIZATION OF THE MlLITTA, ANI> FOR
OTHER PURPOSES.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the Ordinances of the Convention of this State, except the Ordinance en- titled "An Ordinance to exempt overseers from the performance of militia duty," passed on the second day of January, in the year of our Lord one thousand eight hundred and sixty-two, which is amended hereinafter by the provisions of this Act, and all Acts, Resolutions, and Orders, of the Governor and Council, altering, suspending or repealing the Militia law of this State, be, and the same are hereby, repealed ; and the provisions of the Act of the General Assembly, entitled "An Act to reduce all Acts and clauses of Acts in relation to the Militia of this State to one Act, and to alter and amend the same," passed on the seventeenth day of December, in the year of our Lord one thousand eight hundred and forty-one, and all Acts amending the same, which are not inconsistent with the provisions of this Act, are hereby declared to be of full force and effect.
II. That an Act entitled " An Act to amend and suspend certain portions of the Militia and Patrol laws of this State," passed on the seventh day of December, in the year of our Lord one thousand eight hundred and sixty- one, be, and the same is hereby, repealed, except the fifth, sixth, eleventh and thirteenth sections, which are hereby declared to be of full force and effect ; and that said thirteenth section be so amended that the Clerk therein authorized to be appointed by the Governor shall be entitled to a commis- sion as Assistant Adjutant General, with the rank and pay of First Lieu- tenant of Infantry in Confederate service, to date from the day of his appointment.
III. All male persons between the ages of eighteen and fifty shall be liable to militia duty, except persons who are exempted by the said Act of eighteen hundred and forty-one from "all militia service."
IV. The following persons shall be exempted from ordinary militia duty, but shall be liable to perform the duty in times of alarm, insurrection, in- vasion, or as one of the posse comitatus, when required, and shall not be exempted from actual service in their respective Districts, when called out by the Governor under the militia organization : The members of both branches of the Legislature and their respective officers, including the Attorney General and Solicitors of the State, during the session, and fifteen days before the sitting and fifteen days after the adjournment thereof; all those in Confederate or State military service, including the officers and Cadets of the State Military Academy; all regularly officiating clergymen; all regularly licensed practicing physicians over the' age of thirty-five years ;
OF SOUTH CAROLINA. 101
one apothecary to each regularly established drug store which has been in a. d. 1S62'3. operation six months; the Faculty and Officers of the South Carolina Col- v~"~v~-"/ lege, and the Professors in other incorporated Colleges and Theological Schools, while said colleges and schools are in actual operation ; the super- intendent, teachers, and steward of the Cedar Springs Asylum ; all school- masters having under their charge not less than twenty scholars; all branch pilots; one white man to each established ferry, toll bridge, or toll grain mill, if actually kept by such white man ; the President, Cashier, and one Teller of each of the several banks of this State, and the Treasurers of the several Savings' Institutions of this State; the officers and men of the City Guard, and officers and forty men of each Company of the Fire Department of Charleston and Columbia; the officers and as many employees of each Railroad Company as the President or Superintendent may certify to be necessary to the efficient conduct of its business : Provided^ That it is also certified that the duty of said employees cannot be discharged by slaves ; the Superintendent and Keeper of the Lunatic Asylum, and their assistants; Stewards or Keepers of Poor-Houses ; the Keepers of the Arsenals of the State; all persons holding office under the Confederate States, except Deputy Post-Masters; all persons employed by the State or by the Con- federate States in the manufacture of arms, munitions of war, and army supplies; all persons actually engaged in the manufacture of salt on the sea-coast, and all persons over the age of fifty; and all persons belonging to the Boards of Relief of soldiers' families.
V. That the commanding officers of beat companies shall keep two Duties of coin- separate rolls, one of the names of all persons resident in their beats be- Ceatcomp* tweeu the ages of sixteen and sixty, and another of the names of all per- nies'
sons between the ages of sixteen and fifty, designating in said rolls the ages of each person; and all persons required to be enrolled by this Act shall, immediately after its passage, report their names to the commanding officers of their beat, who shall have power to administer oaths as to the ages and residence of persons, when they refuse to make known their age or place of residence, or where there may be doubts as to either; and each and every beat company shall be called out for drill and instruction once in every two months.
VI. That the commanding officers of companies, as soon as said enroll- Penalty for not ment can be made, shall return said rolls to the commanding officers of their turn* ** regiments, who shall return the same within ten days to the office of the Adjutant and Inspector General; and for default in making said returns
the commanding officers of companies shall be liable to a fine of fifty dol- lars, and the commanding officers of regiments to a fine of one hundred dollars, to be imposed by a court martial ordered by the Governor for the trial of such defaulters.
102
STATUTES AT LARGE
A. D. 1862 '3.
First corps of Reserves to be enrolled.
Mi'itia to be called out by Governor.
Militia to elect company aud field officers.
Term of ser- vice of Militia limited.
Penalty for non-perform- ance of duty.
YII. That all persons who now are, or may hereafter he, in actual ser- vice in the regiments known as the First Corps of Reserves, or who may be in actual State military service, and who shall not, at the expiration of said service, have been called into Confederate service, shall report to the com- manding officer of the beat in which they respectively reside, and be en- rolled for militia service in said beat. *«■
VIII. That to repel invasion aud suppress insurrections, the Governor shall have power, and he is hereby authorized, whenever in his judgment the public safety requires that troops should be raised for the public de- fence, to call into actual service, in any part of the State, all or such por- tion of the militia as he may deem necessary, between the ages of sixteen and fifty years, except such persons as are exempted by the provisions of this Act from ordinary militia duty, and from actual service, except within the limits of the Districts in which they reside. That when such call has been made, the Governor shall have the power, and is hereby authorized, to orgauize the troops into companies, battalions and regiments, conforming said organization, as far as may be practicable, to the laws and army regu- lations of the Confederate States: Provided, That the said troops shall exercise the right of electing their company and field officers ; and it shall be the duty of the Governor to order said elections to be held, at such times and places as he may select, and to be conducted in such manner as he may direct, and in the event of a, failure to hold any of said elections, the Governor shall fill such offices by appointment.
IX. That in organizing said troops into battalions and regiments, regard shall be had, as far as may be practicable, to the proximity of the companies.
X. That the Governor shall have the power, and is hereby authorized, on any sudden emergency, which in his judgment will not admit of the delay necessary in organizing troops under the eighth section of this Act, to call out any portion of the militia he may require to repel the enemy or suppress insurrection, or to act as posse comitatus, who shall go into service under their militia organization : Provided, That such portion of the militia shall not be continued in service for a longer time than may be necessary to call out and organize troops under the provisions of said eighth section of this Act.
XL That all persons liable to perform actual military service under the provisions of this Act, who shall make default when summoned into such service, shall be liable to such punishment, short of death, as may be im- posed by a Court Martial, according to the Articles of War of the Con- federate States, said Court to be convened by the officer commanding the Regiment in which the defaulter is liable to perform said military service, who is hereby authorized to order said Court, in conformity with the usages of the Confederate States.
OF SOUTH CAROLINA. 103
XII. That the troops which may be called into actual service under any A.D.iS62'3. of the provisions of this Act shall, while in such service, be subject to the v-- -— y— — '
i-» i « ,A _ , , 0 „. . Discipline.
Army Regulations ot the Confederate States ot America.
XIII. That the Ordinance of the Convention of this State, entitled " An Exemption for
• overseers.
Ordinance to exempt overseers from the performance of militia duty, passed on the second day of January, in the year of our Lord one thousand eighth hundred and sixty-two, be, and the same is hereby, altered and ameuded, and that from and after the passing of this Act, and during the present war, all applications for the exemption of overseers shall be made in writing to the Adjutant and Inspector General of the State, by the owner, trustee or agent having charge of the plantation and negroes, who shall state on oath the age of the employer, the number of negroes and actual working hands under the charge of the overseer on the plantation, and the situation of the same, which statement shall be verified by the affi- davit of at least two credible persons. And if it appears that the person applying for the exemption is absent in the service of the State, or of the Confederate States, or is above the age of sixty years, or is decrepid (to be certified by a physician,) or a female, or a minor or minors under the ape of eighteen years, and that the number of working hands exceeds fifteen, the Adjutant and Inspector General shall issue a certificate exempting such overseer from actual military service beyond the limits of the District in which he resides, and furnish him with a copy of said certificate. And that it may be lawful for two or more owners of plantations, not further apart than five miles, and having between them fifteen working hands, to join in an application for such exemption, provided the overseer resides on one of said plantations. Or if it appears that a plantation on which there are fifteen or more working hands is left without any white male person thereon to protect and govern said working hands, except the overseer, the Adjutant and Inspector General may exempt such overseer from actual military service beyond the limits of the District in which he resides, pro- vided that such exemption be recommended by the commanding officer of the beat in which such plantation is situate, and approved by the Colonel of the Regiment. That the certificates of exemption which have been heretofore granted by the Adjutant and Inspector General under the said Ordinance of the Convention of this State, or which may hereafter be granted under this Act, shall not exempt overseers from actual service in the militia when called out under th'e provisions of the eleventh section of this Act, or from ordinary militia or patrol duty.
XIV. That the Governor shall have the power to detail persons liable to Governor may military service under the provisions of this Act to guard the railroad d soldier*, bridges in this State, or to perform any other special service, in the nature
of military service, which he may consider necessary to protect public prop-
104
STATUTES AT LARGE
A.D.1S62'3.
Pay of officers and privates.
Confederate officers to be assisted in ar- resting desert- ers.
Military com- missions va- cated.
Eligibility for military office.
Governor to distribute arms,
Pay of sheriffs, Ac.
Limitation of Act,
erty, or for the public interest; and persons so detailed, while in such ser- vice, shall be exempt from all military service, and from patrol duty.
XY. That when in actual service, under the provisions of this Act, the pay of officers and the pay and rations of non-commissioned officers and privates, and of persons detailed for special service, shall be the same as that allowed by the laws of the Confederate States.
XVI. That the officers of the militia shall not be required to provide themselves with uniforms, as heretofore required by law.
X VII. That the Governor shall have power, and is hereby authorized, to order the Sheriffs, and, if necessary, any portion of the military of this State, to aid Confederate officers, who are duly authorized, in arresting de- serters from the armies of the Confederate States, or persons who are liable to service under the Conscription Acts of Congress, and who, when called into service, refuse to submit, and resist or threaten to resist said officers.
XVIII. That all commissions held by the militia officers of this State, except the Adjutant and Inspector General, who are not exempt from ser- vice by the Conscription Act of the Confederate Congress, be, and the same are hereby, vacated as soon as new elections can be held, which elec- tions the Adjutant and Inspector General is hereby instructed to order immediately after the passing of this Act: and that no one liable to duty in the Confederate service, unless he be exempted from said service un- der the provisions of the Exemption Act of Congress, shall be hereafter eligible to any militia office.
XIX. That the Governor shall have power, and is hereby authorized, to distribute arms and ammunition to such portions of the militia as, in his opinion, may be necessary for the public safety, and all such arms and ammunition, and such as have already been distributed by order of the Governor and Council, shall at all times be subject to the order of the Governor.
XX. The Sheriffs who shall aid the Confederate officers under the pro- visions of this Act, as well as those who have aided, or shall aid, the State officers, under the resolutions and Executive Council, or any order of the Governor, shall receive for their services the same fees as are now allowed by law for serving warrants and making arrests ; and for the keep of prisoners, the sum of sixty cents per day for each prisoner.
XXI. That all Acts and clauses of Acts in relation to the militia of this State, consistent with the provisions of this Act, shall continue of full force and effect; and all Acts and clauses of Acts inconsistent with the provisions of this Act, which is to continue of force during the present
OF SOUTH CAROLINA. 105
war between the Confederate States and the United States of America, be, a. d. 1862 '3. and the same are hereby, repealed.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
an act to organize and supply negro labor for coast defence, no. 4g14. in compliance with requisitions of the government of the Confederate States.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That state to be di- from and after the passage of this Act this State shall be divided into' four Territorial Divisions, as jbllows, to wit:
Division No. 1. The Judicial Districts of Pickens, Greenville, Spartan- 1st Division. burg, Anderson, Union, York, Chester, Laurens, Abbeville and Newberry, to constitute the first division.
Division No. 2. The Judicial Districts of Lancaster, Kershaw, Chester- 2d Division, field, Marlborough, Darlington, Marion, Sumter, Clarendon, Williamsburg and Horry, including Upper All Saints, to constitute the second division.
Division No. 3. The Judicial Districts of Fairfield, Richland, Lexing- 3d Division, ton, Edgefield, Barnwell and Orangeburg, to constitute the third division.
Division No. 4. The Judicial Districts of Charleston, Colleton, Beaufort, 4th Division. Georgetown, including Lower All Saints, to constitute the fourth- division.
II. That the negro labor hereinafter required shall be furnished by the order of several Districts aforesaid, as follows, to wit: first, by Division No. 2; nest, Dlvlslons- by Division No. 3 ; next, by division No. 1 ; and last, by Division No. 4.
TIL That as soon as the Governor shall have received from the Con- when labor to federate Government, through the proper officer authorized thereto, written assent and agreement to the terms and conditions hereinafter set forth, he shall call for such labor as may be demanded by the Confederate military authority from the several divisions, in the order aforesaid, to be furnished 14
106
STATUTES AT LARGE
A. D. 1862 '3.
What slaves taken-
Commissioners to summon owners.
Limitation of service.
Notice to be given by Con- federate Gov- ernment.
Transportation furnished,
Rations sup- plied.
Compensation.
Liability of Con- federate Gov- ernment.
by the slaveholders thereof, in proportion to the slave population, as speci- fied in the last census return of this State:
1st. That the. slaves liable to this call shall be the same that are liable to road duty in this State;
2d. That it shall be the duty of the Commissioners of Roads, and the authorities of incorporated cities, towns and villages not subject to the jurisdiction of the Commissioners of Roads in the performance of road duty in the several Districts, to summon the owners to furnish their respect- ive quotas of slave labor which the Governor shall require ;
3d. That each levy under the call shall serve for one month, and until relieved, in turn, by the next levy. And if the said Commissioners of Roads, or any of them, shall neglect or refuse so to summon such slave owners to send their said slaves in pursuance of the requisition aforesaid, such Commissioners or Commissioner shall suffer, for each and every such neglect or default, the same pains and penalties, and in the same manner, as now prescribed by statute law in this State. And that the Boards of Com- missioners shall have power to appoint Commissioners in such divisions as are now vacated by the absence of Commissioners in the present war, for the ensuing year, from citizens of any age;
4th. That such notice shall be given by the engineer or other officer of the Confederate Government, of all requisitions for negro labor, except the first, as will enable the owners of slaves to have thirty days from the time of summons to the time of furnishing their respective quotas of slaves. That the first requisition may be made with such notice as the urgency of the case will permit.
5th. That the Confederate authorities shall furnish transportation by railroad from the depot nearest the owner's residence, the owner to trans- port his or her slaves at his or her own expense to such depot, irrespective of the distance of such depot from his or her residence ;
6th. That rations shall be supplied by the Confederate authorities to the said slaves from the time of their arrival at such depots until their return to the homes of their owners ;
7th. That the pay of each slave shall be eleven dollars per month, to be paid by the Confederate Government, and to be sheltered, and receive all proper medical attendance in case of sickness;
8th. That the Confederate Government shall be liable to the owner for any loss or damage of or to the slave or slaves during his or their service, or from disease contracted in service, such liability to commence on the arrival of such slave or slaves at the railroad depot for transportation, and to continue until his or their return to the same ; and the value shall be assessed as hereinafter provided.
OF SOUTH CAROLINA. 107
IV. That a State Agent shall be appointed by the Governor, who shall a.d,is62'3. receive for his services the pay of a Lieutenant Colonel of infantry, as <"""~"\^~"""/
..' , i \ n « i /-, i • i_"« i -i State Accent to
allowed by the Confederate Government, during nis employment, to be paid be appointed, to him monthly by the Confederate Government; and there shall be also one overseer for every one hundred slaves, said overseer to be selected by the owners or their agents, and to receive each fifty dollars per month during his employment, to be paid monthly by the Confederate Govern- ment; these said overseers to be, during their employment, subject to the orders and the jurisdiction of the Confederate military authorities.
V. That it shall be the duty of the State Agent to visit all the camps of Duties of the laborers, to examine their condition, to observe their treatment and dis- cipline, to examine their food, both as to quality and quantity, and to see
that it is the proper ration lor each, as is allowed by law; and particularly to inform himself as to their medical and surgical attendance and care, and whenever required, to report the same to the Governor; and especially at the conclusion of the tour of service of each levy, it shall be his duty to make such a report to the Governor, in whose possession it may be open for examination by the owners of the said slaves.
VI. That it shall be the further duty of the State Agent to collect and Agent to re- receive the slaves as they shall be called into service, at the several railroad taken, depots where they arc to be delivered, to give receipts therefor to the
owners or their agents at such depots, and send forward the said slaves to their points of destination ; and he shall also be present at the assessment of the slaves hereinafter provided, and see that the same is made in dupli- cate, and certify the same ; one copy to be given to the owner, and the other to be retained by the Confederate authorities.
VII. That it shall be the duty of said State agent to certify the bills for Agent to certify the pay of the said slaves for their respective owners, specifying the num- ber of the said slaves, the time they have been employed, and the names of
the owners; which bills, so certified, shall entitle the owners, by themselves or their order endorsed thereon, to receive the same from Confederate authority.
VIII. That in case of any attack by the enemy, the slaves shall be im- Slaves to be re- mediately removed to some place of safety; and it shall be the duty of the danger. State Agent and overseers to carry this provision promptly into execution —
subject to the order and direction of .the Confederate commanding officer at the time and place where the slaves are employed.
IX. That before the slaves shall be employed in labor by the Confederate Slaves to be authorities, they shall be assessed by an Assessor to be chosen by said au- thorities and an Assessor selected by the owner or State Agent. The assessment shall be in writing, and contain the name of the owner, the name
108 STATUTES AT LARGE'
A. D. 1862 '3. or names of the slave or slaves, and his or their respective value or values;
S-T"~— ^ to be taken in duplicate, in presence of the State Agent, who shall certify
the same; one copy to he delivered to the owner, and the other to be retained
by the Confederate authorities; and such assessment shall be conclusive of
the value of said slave or slaves.
Commissioner X. That it shall be the duty of the Commissioners of Roads to see that yen y quo a. one or more of their number be present at the respective railroad depots, where the said staves are delivered to the State Agent by the owner, to verify the quota which each owner is bound to furnish under the call; and in default thereof, they shall be liable to the same penalties as now provided by law forgot summoning hands to work on the roads in their several Districts. %
Penalty for XI. That if any owner of slaves shall neglect or refuse to send his slave
slaves. or slaves liable to the call hereinbefore mentioned, after the notice herein
provided shall have been given him or her by the Commissioner so to do, such owner shall be liable to the same fines and penalties now provided by statute law for default in the performance of road duty, of which default the Board of Commissioners shall have full jurisdiction.
Commutation XII. That no slave owner shall be exempt from supplying slave labor for such requisitions by reason of his slave or slaves being employed, at the passage of this Act, in manufacturing or on railroads, or in the boiling of salt, or in any Government contract; but in such case the owner may com- mute for such service, by paying into the State Treasury a sum of money, to be computed at eleven dollars per month for each of such slaves for the time their labor would have been required under this Act.
Labor previous- XIII. That in the apportioning of the levies in the said several divisions,
ly furnished to - i i p • i i i i ii -i n i v
be credited, slave owners who have already furnished the slave labor shall be credited therefor, in the requisitions to be made under this Act; and no more labor shall be required from such owners than may be sufficient, with the labor already furnished by them, respectively, to make up their respective quotas.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
OF SOUTH CAROLINA. 109
AN ACT TO AMEND AN ACT ENTITLED " An ACT TO ORGANIZE AND AD. 1862 '3.
supply Negro Labor for Coast Defence, in compliance with "—■ ~v^— '
REQUISITIONS OF THE GOVERNMENT OF THE CONFEDERATE STATES," •Wo-4«A&« AND TO AUTHORIZE AND DIRECT THE GOVERNOR TO PROCEED TO FUR- NISH Negro Labor under said Act.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Amendment at- an Act entitled " An Act to organize and supply Negro labor for Coast de- nnt agents. fence, in compliance with requisitions of the Government of the Confed- erate States," passed on the eighteenth day of December, Anno Domini, eighteen hundred and sixty-two, be, and the same is hereby, amended, and that the State Agent, appointed under the fourth section of said Act, shall have the power, and is bereby authorized, to appoint, with the approval of the Governor, such number of assistant agents as in his judgment may be necessary to enable him to execute the provisions of the sixth section of said Act, and as a compensation for their services while so employed, they shall be entitled to receive two dollars per diem.
II. That the eleventh section of said Act be so amended that, instead of Amendment in-
crG3cinrr fin©
the fines and penalties therein imposed upon such owners of slaves as shall for default. neglect or refuse to send their slaves, according to the requirements of said Act, such defaulters shall be liable to a fine of one and a-half dollars per diem for each slave, for the time they shall be liable to send such slaves, to be imposed and collected by the Commissioners of Roads in the District where such default has been made, in the manner now provided by law for default in the performance of said duty.
III. That the Governor be, and is hereby, authorized and directed, Governor to to proceed to furnish negro labor to the Confederate Government under labor. negr° said Act; notwithstanding said Government has not. through the proper
officer authorized thereto, assented and agreed to the provisions contained in said Act, declaring said Government liable to the owner for any loss or damage of or to the slave or slaves during his or their service : Provided, however, That the State does not, by this Act, waive the right to insist upon such liability, as well as all the provisions of said Act, and the amendments thereto, and he is hereby directed to take such proceedings as he may deem necessary and proper, to bring said provisions to the notice of the Congress of the Confederate States, and procure their assent to all its terms and conditions.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the Slate of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
110 STATUTES AT LARGE
A.D. 1862 '3. AN ACT TO AMEND AN ACT ENTITLED "An ACT TO AMEND AN ACT ** — V—"' ENTITLED ' AN ACT TO ORGANIZE AND SUPPLY NEGRO IjABOR FOR
No. 4616. Coast Defence, in compliance with requisitions of the Govern- ment of the Confederate States,' " and for other purposes.
I. Be it enacted by the Senate and House of Representatives, now met
Twelfth section and sitting in General Assembly, and by the authority of the same, That
cember, 1S62, the twelfth section of an Act entitled " An Act to organize and supply
negro labor for the coast defence, in compliance with requisitions of the
Government of tbe Confederate States," passed on the eighteenth day of
December, Anno Domini one thousand eight hundred and sixty-two, be,
and the same is hereby, repealed*
Commissioners II. That the Commissioners of Roads be, and they are hereby, required
to return de- . . • t» -t p 11 • i •
faukers on to make returns, on oath, to their respective .Boards or all persons withm their divisions who shall make default in furnishing their quota of negro labor when called for, in pursuance of said Act; and it shall be the duty of said Boards to report the names of all such defaulters to the Fall Term of the Court of Common Pleas and General Sessions, and also what action they have taken in relation to such defaulters.
City author- III. That the authorities of anv incorporated city, town or village not
ities, Ac, to re- . . „ ■ Z. . . n t, , . , _
port defaulters, subject to the jurisdiction of the Commissioners of Roads in the perform- ance of road duty, shall cause returns to be made, on oath, of all persons within their jurisdiction who shall make default in furnishing his or her quota of labor when called for, in pursuance of said Act, and report all such defaulters as hereinbefore required of the Boards of Commissioners of Roads.
One slave ex- IV. That persons owning only one slave liable to road duty shall be exempted from furnishing labor under said Act.
Commissioners V. That a number less than a quorum of any Board of Commissioners of
cancies.Va Roads shall have the power, and are hereby directed, to appoint persons to vacancies occasioned by the absence of members from the State, until a quorum shall be formed ; and it shall be lawful to appoint persons who are not liable to road duty to fill any vacancy in said Boards.
Commissioners VI. That the second section of an Act entitled " An Act to amend an
to collect fines . i ■ ' * ,-ir • t
lor default. ' Act to organize and supply negro labor for coast defence, in compliance with requisitions of the Government of the Confederate States/ and to
hireenegroes. authorize and direct the Governor to proceed to furnish negro labor under the said Act," passed on the sixth day of February, Anno Domini one thousand eight hundred and sixty-three, be, and the same is hereby, altered and amended, so that the Commissioners ■ of Roads be, and are hereby, authorized and directed to collect the fines imposed for such default, in the manner now provided by law for default in the performance of road
OF SOUTH CAROLINA. Ill
duty, and to pay the fine so collected to the State Agent, to he by him a.d.is62'3. expended in the hire of negroes to be employed on coast defences. v~"~^
VII. That if any Commissioner of Roads, or any Board of Commis- Penalty for fail-
• • • mi ure to comply
sioners, or the authorities of any incorporate city, town, or village, shall with provisions neglect or refuse to comply with the provisions of this Act, he or they shall suffer for each and every default the same pains and penalties, and in the same manner, as aro now prescribed by the statute law of this State for the punishment of Commissioners of Roads for neglect or refusal to dis- charge the duties required of them.
In the Senate House, the tenth day of April, in the year of our Lord^ one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of {fie Senate.
A. P. ALDRICII, Speaker House of Representatives.
AN ACT to Suppress the undue Distillation of Spirituous No. -1617, Liquors from the Cereal Grains of this State.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Distilling un- from and after the ratification of this Act, it shall be unlawful to distil, or cause to be distilled, or be concerned in the distillation of spirituous liquors from corn, wheat, rye, barley, rice, or any of the cereal grains • within the limits of this State, except as hereinafter provided; and any Penalty. person or persons who shall distil, or cause to be distilled, or be concerned in the distillation of the grains, or any of them, aforesaid, in violation of the provisions of this Act, shall be deemed guilty of a high misdemeanor, and on conviction in the Court of Sessions, in addition to forfeiting their stills and other apparatus used in the distillation, shall be imprisoned not less than six months nor more than two years, and be fined in any sum, in the discretion of the Court, not less than one thousand nor more than five thousand dollars — two hundred and fifty dollars of which shall go to the informer, who shall be a competent witness to prove the fact: Provided, Proviso. That existing contracts made with the Medical Purveyor of the Confederate Government for the distillation of whiskey or alcohol may be executed ac- cording to their terms : And j^rovided, further, That the Governor, if satis- factorily informed that a supply of spirits, which cannot be otherwise obtained, is absolutely necessary for medicinal purposes in this State, may
112 STATUTES AT LARGE
A. D. 1832 '3. contract with a proper number of responsible and skilled agents, in any ^"~~y"~""/ one or more of the Districts, to manufacture a limited quantity of pure
contract with spirits, at a limited and reasonable price, strictly for medicinal purposes, taking care tbat sucb proper disposition of the product is made as to secure its application alone to the purposes intended.
Agents to give II. That agents thus appointed, before entering on the execution of their contracts, shall enter into bond, payable to the State, in a sum equal to treble the value of their contracts, respectively, with two or more good sureties, before the Clerk of the Court of the District in which they reside, conditioned that the spirits to be manufactured by them shall be pure, and delivered within the time limited — that they will distil no more than is mentioned in their contracts; and that they will turn over all that is dis- tilled, as directed by the Governor, which bond, if forfeited, may be < estreated as other recognizances in the Court of Sessions ; and shall also take and subscribe an oath before the Clerk of the Court, to be filed in his office, that they will truly comply with the terms of their contract, and will distil no more, nor dispose of any portion of that distilled, otherwise than is mentioned in their said contracts, upon which oath, if violated, perjury may be assigned in the Court of Sessions.
Magistrates to III. That it shall be the duty of the Magistrates of this State, in their
forced. respective Districts, to see that the provisions of this Act are enforced; and
if, from personal observation or information on oath, it shall come to the knowledge of any one of them that any person or persons are engaged, or have been engaged, in unlawful distilling, it shall be the duty of such Magis- trate to issue his warrant commanding the arrest of the party or parties, and the seizure of the stills and other apparatus used in the distillation; the party or parties to be held to answer to an indictment as herein provided, and the stills and other apparatus seized, to be detained pending the prosecution, and on conviction, to be appropriated to the public use, as may be ordered by the Court.
Patrol to report IV. That every Captain of patrol shall, in his regular return to the Captain of the beat, report any violations of this law, and said Captain shall immediately report the fact to the nearest Magistrate, for action thereon.
Limitation. V. That this Act shall continue in existence for six months after a
treaty of peace with the United States, and no longer.
In the Senate House, the eighteenth day of December, in the year of our Lerd one thousand eight hundred and sixty-two, and the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
OF SOUTH CAROLINA. ll:j
AN ACT to Suppress the Distillation of Spirituous Liquors a.d. iscrs.
ix this State. * v — -/
No. 4618.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly and by the authority pf the same, That Distillation from and after the ratification of this Act, and during the continuance of the existing war between the Confederate States and United States of America, the distillation of spirituous liquors of any name ur kind, from any material or substance, other than the ordinary fruits in their season, shall be, and is hereby, absolutely prohibited, eTcept as hereinafter provided j and aDy penalty for dia- percon or persons who shall distil, or cause to be distilled, or be concerned porSlgfor^dia- 10 the distillation of any spirituous liquors in this State, or who shall trans- port, or cause to be transported, or be concerned in the transportation of any material or substance whatsoever, other than the fruits aforesaid, beyond the limits of this State, for the purpose or with the knowledge that the same is to be distilled into spirituous liquors, shall be deemed guilty of a high misdemeanor, and on conviction, in addition to forfeiting their stills and other apparatus used in the distillation to the public use, shall be im- prisoned not less than six mouths nor more than two years, and be fined not ress than one thousand nor more than five thousand dollars, two hundred » and fifty dollars of which fine shall go to the informer, who shall be a com- petent witness to prove the fact.
II. That his Excellency the Governor, on being satisfactorily assured Governor may that an increased quantity of spirituous liquors, which cannot be otherwise appointTgeuta procured, is absolutely necessary for medicinal purposes in this State, shall
have power to have manufactured, at some central and convenient location, by skilled and responsible agents, at fixed salaries to be appointed by him- .self, such quantity of alcohol or pure spirits as shall be deemed requisite for the purposes aforesaid; and to make such rules and regulations for the distribution of the same, wherever needed throughout the State, as shall be most convenient and effectual to meet the public exigency, and at the same time secure its application, as far as is practicable, exclusively to medicinal purposes.
III. That it shall not be lawful for apothecaries, physicians, or other Regulations as persons who shall purchase or procure any portion of the alcohol or lies, 4c. spirituous liquors distilled by the authority aforesaid, to resell or dispose of
the same, in any quantity, to auy person or persons, for any other than strictly medicinal purposes, or at an advauce of more than twenty-five per centum on its cost; and any person who shall violate the provisions of this Penalty. section shall be deemed guilty of a misdemeanor, and on conviction, be imprisoned for any time not exceeding six months, and fined in any sum not exceeding five hundred dollars. 15
114 STATUTES AT LARGE
A.D.i8G2'3. IV. That his Excellency the Governor shall be, and is hereby, author- v"~ ""> ' ized to employ special agents, one or more, and fix their compensation, for
th°OTlzedrtoUap- the purpose of enforcing, under the orders of the Governor, the provisions
onforctgAct.S t0 of this Act ; and it shall be the duty of the several Sheriffs, Deputy Sheriffs, Magistrates and Constables of this State to render to such agents any assistance that may be required in the discharge of their duties, under the pain of being indicted as for official misconduct.
Former lieens- V. That all licenses or permits heretofore granted by the Governor, or any other authority, to any person or persons to distil spirituous liquors in this State shall be, and the same are hereby, revoked and declared void; and all Acts and parts of Acts inconsistent with this Act are hereby re-
Compensation pealed : Provided, That the General Assembly may make reasonable com- pensation to persons to whom the Governor has heretofore granted licenses, for any damage done to them by revoking said licenses. v.
In the Senate House, the tenth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
eg revoked.
allowed.
No. 4619. AN ACT to Prevent and Punish the Planting and Cultivating, in this State, over a certain quantity or Cotton during the present year.
I. Be it enacted by the Senate and House of Representatives, now met Area to fife and sitting in General Assembly, and by the authority of the same, That Fon"irnited. during the war in which we are now engaged, it shall not be lawful for any person or persons, during the present year, whether residing in this State or not, to plant and cultivate in this State, by themselves, their agents or employees, or to allow the same to be done, a greater number of acres of land in cotton than three acres of short staple or one and a-half of long staple, for each hand owned or employed by them in agriculture between the ages of fifteen and fifty-five; and when said person or persons may own or employ hands over fifty-five years of age and under sixty-five, or over twelve years of age and under fifteen, two of said hands shall be counted as one hand : Provided, That nothing contained in this Act shall
OF SOUTH CAROLINA. 115
be construed to affect the right of any white person himself to plant and a.d.1862'3. cultivate cotton according to the rate herein prescribed. ^■"""y^—'
II. That every violator of this law shall be guilty of a misdemeanor, and Penalty for vio- upon conviction thereof, shall be fined the sum of five hundred dollars for
each and every acre so planted above the number specified ; such penalty to be paid to the " Soldiers' Board of Relief" of the District where such conviction takes place.
III. That after warrant issued against any person or persons, for a Rule of survey violation of this Act, it shall be the duty of the Clerk of the Court of General
Sessions and Common Pleas for the District in which the offence is charged, upon the application, under oath, of either party, prosecutor or defendant, to issue a rule of survey in the case, giving five days' notice thereof to the opposite party, the costs of such rule and survey to be iaxedjn the bill of costs, upon the final adjudication of the case.
IV. That all owners of slaves or employees shall give in, on oath, to the renters to_re- Tax CoHcctor, the number of hands owned or employed by them in agri- hands to tax culture, between the ages of twelve and fifteen, and fifteen and fifty-five,
and fifty-five and sixty-five, each year during said war, under a penalty of one hundred dollars for each hand, to be recovered as specified in the former sections of this Act.
V. That the Judges of the Courts of Common Pleas and General Ses- judges to sions be required to give this law specially in charge to the Grand Juries, Jurieff 8' at each term of their Courts, during said war with the Abolitionists.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
an act to amend an act entitled " an act to prevent an* no. 4620. Punish the Planting and Cultivating, in this State, over a certain quantity op cotton during the present year.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Area limited to the Act entitled "An Act to prevent and punish the planting and culti- hand.°reper
116
STATUTES AT LARGE
A,D 1562 '3.
V.'hat hand t: /,-hall he counted.
Penalty lor violation of Act.
Duties of officers.
Surveyor to measure land.
rating, in this State, over a certain amount of cotton during the present year/' ratified on (he sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, be, and the same is hereby, altered and amended so as to read as follows, to ■wit: That until the first day of January next it shall not be lawful for any person or persons to plant, culti- vate, or gather, or allow the same to be done, more than one acre of cotton for each hand employed in agriculture by such person or persons, between the ages of fifteen and fifty-five years; and where hands over five-five and under sixty-five years of age, or over twelve and under fifteen years of age are employed by any cultivator of .cotton, two of such hands shall be counted as one: Provided, That no employee shall be counted as a hand, or half-hand, in any case, but such as are engaged in agriculture : And provided, further, That white persons shall have the right to plant and cul- tivate a like quantity of cotton, whether exclusively engaged in agriculture or not.
II. That every person who shall plant, or be concerned in planting, cul- tivating, or gathering, during the present year, more cotton per hand than is hereinbefore specified, shall be deemed guilty of a misdemeanor, and, on conviction, be fined in the sum of five hundred dollars for each acre, or fractional part of an acre, so planted, cultivated or gathered, above the quantity so specified j one-half of which shall go to the informer, who shall be a competent witness to prove the fact, and the other half to the " Soldiers' Board of Relief" of the District in which the conviction shall be had.
III. That if it shall come to the knowledge of his Excellency the Gov- ernor, or to the knowledge of any of the Judges, Solicitors, Clerks of the Courts, Magistrates, or other public officers of this State, by personal ob- servation or information on oath, that any person or persons have violated the provisions of this Act, it shall be the duty of such public officer to cause a warrant to forthwith issue for the apprehension of the offender or offenders, to the end that they may be held to answer to an indictment at the next Court of Sessions of the District, in which no imparlance shall be allowed ; and after the issue of such warrant, it shall be the duty of the Clerk of the Court of General Sessions ahd Common Pleas of the District, on the application of either prosecutor or defendant, to issue a rule of survey in the case, directed to some competent surveyor, giving five days' notice to the opposite party; and such surveyor is hereby required to go forthwith upon the premises of the party or parties charged, and ascertain by actual measurement the quantity of cotton planted, cultivated or gathered by such party or parties, and make return thereof to the Court from which the rule issues, the expenses of such rule and survey to be taxed in the bill of costs on the final adjudication of the case.
OF SOUTH CAROLINA. 117
IV. That it shall be the duty of all persons who cultivate cotton to reader A. D.1862--3. in on oath to the Tax Collector of the District in which they reside the *■— ~v~— ' number of hands owned or employed by them in agriculture, between the planters. ages of twelve and fifteen, fifteen and fifty-five, and fifty-five and sixty-five,
during the present year, under a penalty of one hundred dollars for each hand omitted to be returned to the Tax Collector, to be recovered as specified in the former section of this Act; which returns the Tax Collectors are hereby required to receive.
V. That it shall be the duty of the Judges of the Courts of General Duty of Judges Sessions to give this Act specially in charge to the Grand Juries at each
term of said Courts, during the present year.
In the Senate House, the tenth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the Stale of South Carolina.
W. D. PORTER, President of the Senate.
A. F. ALDRICH, Speaker House of Representatives.
AN ACT to provide Against Dearths of Salt. No. 4621.
I. Be it enaeted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Governor em- the Governor shall be, and he is hereby, empowered to contract, in behalf ?mc t J efo r ° p ur- of the State, for the purchase of salt, whereof not more than twenty thou- c a"e ° SR Band bushels shall be'*deliverable in each and every year, for the term of twenty years from and after the passing of this Act, at any price not ex- ceeding fifty cents per bushel : Provided, That the salt so to be purchased shall be made within the State, by solar evaporation : And provided, also, That no such contract shall be made for the purchase of more than five thousand bushels of salt annually from one and the same person, partner- ship or corporation, or of more than five thousand bushels annually of the produce of any one establishment for the making of salt: And provided, . further, That the said salt shall be delivered in Charleston or Columbia, at the option of the seller.
II. It shall be lawful for the Governor to dispense with the delivery of Delivery of salt salt under any such contract as aforesaid, whenever, and so long, as the
current price of salt in Charleston shall be above fifty cents per bushel; and a stipulation to that effect may be inserted in the contract.
118 STATUTES AT LARGE
a.d.1862'3. III. There shall be constructed, or otherwise procured, for the use of ^""""y "^ the State, two public magazines, or store-houses, for the storing and safe
provided. keeping of salt, each capable of containing at least one hundred thousand
bushels, one of which shall be located in or near the city of Charleston, and the other in or near the city of Columbia; and for the purpose of pur- chasing such magazines or store-houses, or of purchasing proper sites and erecting suitable buildings for the same, the sum of twenty thousand dollars is hereby appropriated.
commissioners IV. The Governor shall appoint three Commissioners for Charleston, and
their duties. three Commissioners for Columbia, who shall be styled, respectively, " Com- missioners of the Charleston Salt Magazine " and " Commissioners of the Columbia Salt Magazine." And the said Commissioners shall hold their offices for the term of four years from the time of their appointment, and until a new appointment shall be made; and it shall be their duty to direct and superintend the purchase or construction of the magazines for which they are respectively appointed, and for that purpose they shall be author- ized to draw the money hereinbefore appropriated, as the same may be from time to time required. It shall also be the duty of the said Commissioners and their successors to receive such salt as may be delivered under any con- tract made in behalf of the State for the purchase of salt, in pursuance of the provisions of this Act, and to cause the same to be stored and safely kept in public magazines to be provided therefor; and for that purpose they shall be authorized to employ proper persons under them, at such reasonable compensation as may be fixed by them, with the approbation of the Governor, subject always, however, to the revision and control of the Legislature.
•commissioners V. In case any salt shall be delivered in pursuance of any such contract as aforesaid, before the said public magazines, or either of them, shall be ready to receive the same, the said Commissioners shall be authorized to sell such salt at the highest price that can be obtained therefor; and when- ever the said magazines shall be full, the Commissioners shall also be author- ized, in the same manner, to sell such salt as may be delivered under any such contract.
Limitation of VI. Whenever the current price of salt at Charleston or Columbia shall be above two and a-half dollars per bushel, the said Commissioners shall sell to the citizens of this State such salt as may then be stored in the said magazines, at the price of two and a-half dollars per bushel, under such regulations, to be established by the Commissioners, with the concurrence and approval of the Governor, as may secure to the people of every part of the State a fair and equal participation in the benefit of such sales, and prevent the said salt from being purchased for re-sale or speculation, or ex- portation from the State.
to sell salt.
price.
OF SOUTH CAROLINA. 119
VII. The construction of the said magaziues shall not be commenced, a.d.1862'3. nor shall any land or building for the same be purchased, before the expi- >s"" v '
J ° . . . When to com-
ration of one year from the passing of this Act. mence.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of (he Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT TO INCORPORATE CERTAIN RELIGIOUS AND ClIARITAREE So- No. 4622. CIET1ES, AND TO RENEW AND AMEND THE CHARTERS OP OTHERS, HERETOFORE GRANTED.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, Xhfrt. chesnut Ridge Dowens Barksdale, J. M. Pranks, and Ambrose Martin, Trustees of the ip 's Chesnut Ridge Baptist Church, in Laurens District, and their successors in the said office, appointed from time to time, in conformity with the rules and discipline of the said Church, be, and they are hereby, created a body politic and corporate, by the name of " The Trustees of the Chesnut Ridge Baptist Church of Laurens District," for the period of twenty-one years from the ratification of this Act; and shall have power to have and use a common seal, to sue and be sued, plead and be impleaded, in any Court of this State; to make all by-laws necessary and proper for the purposes of said corporation, not repugnant to the laws of this State; to hold and enjoy real estate, and the same or any part thereof to alien, encumber, lease, or other- wise by deed dispose of at will, and in general to exercise and enjoy all the powers and privileges incident to such like corporations.
II. That P. A. McMichael, D. S. Tyler, and B. Williamson, Trustees of Orangeburg
, -r* .. . m % • r\ i -n >> i ,1 • Baptist Church.
the " Orangeburg Baptist Church, in Orangeburg village, and their suc- cessors in the said office, appointed from time to time, in conformity with the rules and discipline of the said Church, be, and they are hereby, created a body politic and corporate, by the name of the " Trustees of the Orange- burg Baptist Church," in the village of Orangeburg, for the period of twenty-one years from the ratification of this Act, and shall have power to have and use a common seal ; to sue and be sued, plead and be impleaded,
120 STATUTES AT LARGE
A.D.i8C2'3. in any Court of this State; to make all by-laws necessary and proper for the
Y "_ purposes of said corporation, not repugnant to the laws of this State; to hold
and enjoy real estate, and the same or any part thereof to alien, encumber,
lease, or otherwise by deed dispose of at will, and in general to exercise
and enjoy all the powers and privileges incident to such like corporations.
Little Generos- III. That the charter heretofore granted to the u Associate Reformed
tee Presbyte- . °
riau Church. Presbyterian Church of Little Crenerostee," Anderson District, be, and the same is hereby, renewed, and extended for a period of twenty-one years from the day on which the said charter, according to its present limitation, will expire, and with all the rights, powers, privileges and immunities heretofore granted to said corporation.
Moriah Baptist IV. That P. T. Hammond, Moderator, and John S. Croxton, Clerk, of
Church. . m . ... 7 '
the Moriah Baptist Association, of Lancaster District, and their successors in office, be, and they are hereby declared to be, a body politic and corpo- rate, by the name and style of the " Moriah Baptist Association, in Lancas- ter District," for the period of twenty-one years from the ratification of this Act; and shall have power to have and use a common seal, to sue and be sued, plead and be impleaded, in any Court of this State; to make all by- laws necessary and proper for the purposes of said corporation, not repugnant to the laws of this State; to hold and enjoy real and personal estate, and to sell, alien, or transfer the same, or any part thereof: Provided, The said amount of property so held shall at no time exceed thirty thousand dollars.
Erskine Theo- V. That J. J. Bonner, H. T. Sloan, J. N. Young, E. L. Patton, J.
logical sem- Boy^ j L ^^ R w Presg]^ R L Murphyj T B Chalmers, J. P.
Kennedy, P. H. Bradley, R. C. Sharp, and their successors in office, be, and they are hereby declared, a body politic and corporate, by the name and style of the u Erskine Theological Seminary," with all the rights, powers and privileges incident to bodies politic and corporate; to hold real and personal property, not exceeding two hundred thousand dollars ; to elect their officers, and to fill all vacancies in their own body; to take control and manage the funds of the said institution, and to discharge all the duties pertaining to the same ; and that the said " Erskine Theological Seminary," with its Professors, its property, its Board of Trustees, and all its interests, be, and the same are hereby, placed under the management of the " Asso- ciate Reformed Synod of the South." Associate Re- VI. That the officers and members of the Associate Reformed Church
formed Church,
of Yorkviiie. at Yorkville, be, and they are hereby, created and constituted a body politic and corporate, by the name and style of the "Associate Reformed Church of Yorkville," with all the rights, powers and privileges incident to such corporations ; and the said corporation shall have power to retain, possess and enjoy, and the same to alien at will, all such property as said Church now possesses, or is entitled to, or which shall hereafter be given, granted,
OP SOUTH CAROLINA. 121
bequeathed to, or in any manner acquired by it: Provided, Tbat said prop- A.D.1862'3. erty shall not at any time exceed in value tbe sum of twenty thousand Y
dollars.
VII. That Dr. Peter Moon, F. B. Hi<rgins, R. Stewart, A. C. Garlington, Rosemonte
* pd > ) ,, Cemetery As-
Simeon Pair, and their associates and successors, be, and they are hereby, sooiatiou. made a body politic and corporate in law, under the name and style of the "Rosemonte Cemetery Association," and by that name shall be able and capable in law to have and use a common seal, to sue and be sued, to plead and be impleaded, in any Court of Law or Equity, with the other powers usually incident to other corporations; and shall have power to purchase, have, hold, and to enjoy, to them and their successors, such tract or tracts of land, in the neighborhood of the town of Newberry, not exceeding twenty acres, as they may select for the purpose of a Cemetery: Provided, That the lands so purchased shall not be more than two miles distant from the said town, and shall be used exclusively as a place of burial for the dead, and that deeds aud plats thereof shall be recorded in the office of the Regis- ter of Mesne Conveyances for Newberry District within three months after the execution of the said deed or deeds.
VIII. That the persons named above shall be the first Board of "Directors Powers of
.. iiiii i Board of Di-
of the said Rosemonte Cemetery Association, and shall have power to lay rectors, out and ornament the grounds, to erect all buildings and fixtures necessary for carrying into effect the purposes of this Act, to dispose of and arrange burial lots, and to make such by-laws, rules and regulations, relative to the election of Directors, and their successors, and the appointment of suitable officers and agents, and also such rules and regulations for the government of lot-holders and visitors to the Cemetery, and for the management of the affairs of the Association generally, as from time to time they may deem necessary; that the said Rosemonte Cemetery Association shall be able and capable in law to sell and dispose of the abovementioned land for burial lots, and also to have and hold so much personal estate, and no more, as may be necessary for the purposes of this incorporation : Provided, That said land, selected for a Cemetery, shall never be granted but for burial lots, and that the lots so granted shall be held by the proprietors for the purpose of sepulture alone.
IX. That no streets or roads shall hereafter be opened through the lands No streets to be
i i i»ii n i • • opened.
so appropriated, except by and with the consent of this corporation.
X. That any person who shall wilfully destroy, mutilate, deface or injure, Penalty for mu- or remove any tomb, monument, grave-stone or other structure placed in struction of the Cemetery aforesaid, or any fence, railing or other works for the protec- tion or ornament of any tomb, monument or grave-stone, or other structure aforesaid, shall be deemed guilty of a misdemeanor, and shall, on conviction
thereof before any Court of General Sessions, be punished by a fine, at the 16
122 STATUTES AT LARGE
A.D.1S62'3, discretion of the presiding justice, according to the aggravation of the
' » ' offence, of not less than five or more than fifty dollars.
Members indi- XL That the members of said corporatiorrshall be jointly and severally fordeb"L ' liable for all debts and contracts made by the said corporation during the
period of their membership. Exemption. XII. That the said Cemetery grounds shall be exempt from taxation,
and also from levy and sale under execution, it. w. Southern XIII. That the Right "Worthy Southern Grand Lodge of the Indepen- L 6. o. F. ° dent Order of Odd Fellows of the State of South Carolina be, aud the same
is hereby, created and constituted a body politic and corporate, by the name
and style aforesaid, with all the powers and privileges incident to such
corporations.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4623. AN ACT to provide for the payment by the State of such War Tax as may be imposed by the Congress of the Confederate States during the year one thousand eight hundred and sixty- three, AND FOR THE COLLECTION OF THE SAME FROM THE TAX-PAYERS
in this State.
I. Be it enacted by the Senate and House of Representatives now met President of and sitting in General Assembly, and by the authority of the same, That Treasurer of upon the imposition of a war tax during the year one thousand eight to pay tax!1S1°n hundred and sixty-three, by the Congress of the Confederate States, and when the Chief Collector of the Confederate States for South Carolina shall have completed the assessment and tax returns in this State, and the sum total of the said war tax payable by the people of the State shall be made known, it shall be the duty of the Treasurer of the Lower Division and the President of the Bank of the State of South Carolina to deduct from the total of the tax as aforesaid such per centum, if any is allowed, as is pro- vided by the Act of the Congress of the Confederate States imposing such war tax, and to pay the amount of the residue thus ascertained into the
OF SOUTH CAROLINA. 123
Treasury of the Confederate States, in such manner as the Secretary of the AtD. isg2 "3. Treasury of the Confederate States may direct, on or immediately before ^-~~> ' such day as may be fixed by such Act of the Congress of the Confederate States, or appointed by authority of the Confederate States, for the payment of such war tax.
II. That to provide the funds to pay the tax as aforesaid, the Treasurer To borrow of the Lower Division and the President of the Bank of the State of South Carolina are hereby authorized and directed to borrow an amount of money
equal to the net sum of the said tax, and to pledge the faith and funds of the State of South Carolina foe the payment of the said loan and the interest to accrue thereon, and jointly to sign, on behalf of the State, the contracts made for the said loan.
III. That it shall be the duty of the Treasurer of the Lower Division To procure rmd and the President of the Bank of the State of South Carolina, on making books. payment of the tax as aforesaid, to procure from the Chief Collector of
the Confederate Stages the books containing the tax returns for the said war tax of all the tax districts in South Carolina, and to distribute and deliver the same to the several Tax Collectors of this State, within five days after the receipt of the same.
IV. That each Tax Collector of this State shall execute his bond, with Tax Collectors
to give bond, three good sureties, to be approved aud deposited as bonds of Tax Collec- tors are now required by law, in a sum equal to the amount of the general tax for his collection district for the year one thousand eight hundred and sixty-two, which said bonds shall be executed and deposited with the proper officer on or before the first day of April next. And in case any Tax Col- On failure to
give bond.
lector shall fail to execute his bond, in manner aforesaid, by the time afore- Governor mnv
.* , „ • i i i • • /-in appoint Collec-
said, the Governor is hereby authorized and required to appoint a Collector tor. in the place of the Tax Collector so making defiult; and the person so appointed shall execute his bond in three times the amount of the general tax of his collection district for the year last preceding his appoiutment, with three good sureties, to be approved and lodged in the proper office, as now required by law of Tax Collectors, within two weeks after the date of his appointment, and before he enters, upon the duties of his office.
V. That it shall be the duty of the Tax Collectors to open their books to When books to
r i ii *>e opened.
receive payment ot the said war tax on a day not later than twenty-five days after the delivery to the said Tax Collectors of the said tax returns, and which shall be uniform throughout the State, and to keep them open for the period of thirty days, and to give notice of the same in the same manner as in the collection of the taxes of the State. And all tax-payers Deduction who shall make payment on or before the then closing of the said books, shall be entitled to a deduction of one-half of the per centum, if any, allowed by the Act of the Congress of the Confederate States, from the
134 STATUTES AT LARGE
A.D.i8G2'3. amount of their tax; and the Tax Collectors are hereby authorized and Y required to make the said abatement.
Books to be re- VI. That it shall be the duty of the Tax Collectors to reopen their books on a day not later than one hundred and fifteen days after the delivery to the said Tax Collectors of the said tax returns, and which shall be uniform throughout the State, and keep them open for the period of thirty days, giving the same public notice as before, to receive the taxes of such per- sons as may not have paid during the time when the books first were open : Provided, That no abatement shall be made of the full sum assessed of the taxes to be paid during the second opening of the books, as herein provided.
Tax collected VII. That the tax to be levied and collected as aforesaid shall be the
to be in lieu of . . ,, • „ . .
Confederate same in amount, and in lieu ot any war tax which may be imposed during the year one thousand eight hundred and sixth-three, by any Act of the Congress of the Confederate States; and the Tax Collectors shall collect the same in conformity with the returns and amounts set forth in the books of the Tax Collectors of the Confederate States, furnished them by the Treas- urer of the Lower Division and the President of the Bank of the State of
if in form of South Carolina, as hereinbefore provided : Provided, That in case the said
proceedings to tax shall be imposed in the form of a quota upon the States of the Con- federacy, or in any manner otherwise than upon the property of the tax- payers, then it shall be the duty of the Governor, together with the Treas- urer of the Lower Division and the President of the Bank of the State of South Carolina to fix such rate of taxation upon all species of property specified in the Act of the Congress of the Confederate States, entitled " An Act to authorize the issue of treasury notes, and to provide a war tax for their redemption/7 approved the nineteenth day of August, one thousand eight hundred and sixty-one, as shall be sufficient to meet the war tax so imposed ; and upon the fixing of such rate of taxation it shall be the duty of the Governor to issue a proclamation, giving notice of the species of property liable to taxation, and of the rate of taxation to be levied
Duties of Tax thereupon; and it shall then become the duty of the said Tax Collectors, on
Collectors , , •, -« i ,\i : . n
under procia- a day not later than twenty-five days after the publication of the said proc-
emor. lamation, which day shall be uniform throughout the State, and of which
notice shall be given as for the collection of the general tax, to open their books to receive returns from the tax-payers of this State7 and to keep the same open for a period of thirty-days; and it shall then become the duty of the said Tax Collectors, respectively, to assess the value of the property so returned, upon the same basis and principles as under the aforesaid Act of Congress, .and it shall be the further duty of the said Tax Collectors to re- open their books, on a day not later than thirty days after the closing of the same for returns, which day shall be uniform throughout the State, and of which notice shall be given as aforesaid, for the reception of the tax so
*• OF SOUTH CAROLINA. 125
assessed, and to keep the same open for a period of sixty days: Provided, A. D.iS62'3. also, That in case the above proviso shall become operative, then the fifth 's^~r™^' and sixth sections of this Act shall become and be inoperative.
VIII. That the compensation to be allowed to Tax Collectors for the Compensation collection of the tax aforesaid, and the discharge of all the duties pre- tors?* °llec' scribed in this Act, shall be as follows, to wit: Two per centum on the first
ten thousand dollars of the sums collected, and one-half of one per centum on the remainder of the same : Provided t That in no case shall the compen- sation be less than three hundred dollars, nor more than eight hundred dollars : And provided, That the compensation of the Tax Collector for the Parishes of St. Philip's and St. Michael's shall be two thousand five hun- dred dollars.
IX. That returns shall be made as usual by the Tax Collectors to the Returns of Tax Treasurer of the Upper Division, and the Treasurer of the Lower Division, Collectors- within thirty days after the respective periods in this Act mentioned for
the closing of the books, and the moneys collected paid into the Treasury within the same time.
X. That the Treasurer of the Lower Division and the President of the Moneys re- Bank of the State of South Carolina are hereby authorized to draw from ptop^atedT ap" the Treasury of the State all sums deposited therein as the produce of the
war tax aforesaid, and apply the same, as it may be paid in, to the gradual reduction and final extinguishment of the loan made by them, both of the principal and interest thereou : Provided, however, That no more of the said moneys shall be drawn than is necessary to discharge the principal and interest of the debt.
XL That all existing penalties and forfeitures imposed by law, and all Penalties and other provisions made by law lor the enforcement of the collection of State taxes, are hereby adopted and applied to the collection of taxes under this Act, and the said taxes shall be payable in the medium provided by law for the payment of State taxes.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-throe, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
forfeitures.
126
STATUTES AT LARGE
A. D. 1862*3. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE FOR THE ^"*~V ' PAYMENT BY THE STATE OF THE WAR TAX OF THE CONFEDERATE
JNo. 4b-4. States, and for the collection of the same from the Tax- payers in this State."
Part of Act of 1S61 amended.
Certain Par- ishes exempt from taxation,
Governor to appoint Com- missioners.
Taxes to be re^ funded in cer- tain cases.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by tbe authority of the same, That the fifth, sixth and seventh sections of an Act entitled " An Act to provide for the payment by the State of the war tax of the Confederate States, and for the collection of the same from the tax-payers in this State," rati- fied on the twenty-first day of December, in the year of our Lord one thou- sand eight hundred and sixty-one, be, and the same are hereby, amended so as to exclude the Tax Collectors and Sheriffs of this State from the collec- tion of the war tax of the Confederate States from the tax-payers in the several Parishes and parts of Parishes hereinafter mentioned and estab- lished.
II. That the Tax Collectors of this State be excluded from collecting any war tax from the tax-payers in this State in the Parishes of St. John's, Colleton, St. Helena, and Prince George, Winyaw; that the Treasurer of the Lower Division be required, upon the production and surrender of the Tax Collectors' receipts, to refund to such tax-payers of the said Parishes as may have paid the war tax, the amounts severally paid by them.
III. That there shall be appointed, by his Excellency the Governor, one Commissioner in each of the following Parishes, to wit: St. Peter's, Prince William's, St. Bartholomew's, St. Andrew's, St. Luke's, St. James', Santee, and All Saints; and each Commissioner shall forthwith inquire and ascer- tain what portions of the Parish for which he has been appointed are in the possession of the enemy, or abandoned by orders from the Confederate offi- cer within whose military District the said Parishes may be severally located; and upon such examination, such Commissioner shall report in writing to the President of the Bank of the State of South Carolina, and to the Treasurer of the Lower Division, what portion of each of said Parishes should be freed from the enforcement of the war tax of the Confederate States by reason of such possession or abandonment, designating in such report the names of tax-payers who are to be freed from such taxation.
IV. That upon the reports so made by the Commissioners, there shall be refunded from the Treasury of this State to the tax-payers residing within such portions of the said Parishes of St. Andrew's, St. James', Santee, All Saints, and St. Luke's, the war tax paid by such tax-payer, upon the pro- duction by the tax-payer of evidence satisfactory to the Treasurer of the Lower Division of the payment of said war tax, and the President ofthe Bank of the State and the Treasurer of the Lower Divison shall adopt the
OF SOUTH CAROLINA. 127
proper measures to obtain for the tax-payers of the Parishes of St. Peter's, A.D.iS62'3. St. Bartholomew's and Prince William's the benefits of the Act of Con- ^ v gress entitled " An Act to regulate the collection of the war tax in certain States invaded by the enemy," and upon the assent thereto being obtained from the President of the Confederate States, a similar refund shall be made to the tax-payers of the said last-named Parishes.
V. That the President of the Bank of the State of South Carolina and Amounts re-
t t,. . . ~ „ funded to be
the Treasurer of the Lower Division shall, in the final settlement of the deducted. war tax of the Confederate States, deduct therefrom all such sums as may be ordered to be refunded under the provisions of this Act, and also of all such sums as shall be ordered to be refunded by the General Assembly in consequence of double war taxes, or war taxes incorrectly levied.
VI. That the Tax Collectors in the said Parishes, designated in the Persons nol re- fourth section of this Act, shall proceed to the collection of the war tax in tax.
their several Parishes from all persons who have not heretofore paid the same, and whose names do not appear in the reports of the several com- missioners appointed under this Act as being entitled to exemption, and upon default of payment, shall proceed to enforce the payment in the man- ner provided by law.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina. •»
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Hejjresentatives.
AN ACT TO REPEAL AN ACT ENTITLED " An ACT TO PROVIDE FOR THE No. 4625.
payment by the state op such war tax as may be imposed by the Congress of the Confederate States during the year one thousand eight hundred and sixty-three, and for the collec- tion of the same from the tax-payers in this state."
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That an Act repealed. Act entitled " An Act to provide for the payment by the State of such War Tax as may be imposed hy the Congress of the Confederate States
128 STATUTES AT LARGE
A. D. 1862 '3. during the year one thousand eight hundred and sixty-three, and for the collection of the same from the tax-payers in this State/' be, and the same is hereby, repealed.
In the Senate House, the tenth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 462G. AN ACT to authorize and empower certain Regiments to Elect
their Field Officers.
I. Be it enacted by the Senate and House of Representatives, now met Election or- and sitting in General Assembly, and by the authority of the same, That the Adjutant and Inspector General be, and he is hereby, instructed to order an election for field officers of the several Regiments of the First Corps of Reserves, and of such other Regiments, now in service, whose field officers have been appointed by the Executive Council ; such elections to be held at such times and places as the Adjutant and Inspector General may direct, and that each member of any of the companies of the said Regiment shall be entitled to vote for field officers of the Regiment to which he belongs. Officers to con- H- That the commissioned officers of each company shall open a poll and uc e ec ion. con(juct the election in said company, and shall make a return thereof, under their hands, to the Adjutant and Inspector General, who shall report the result of the election to the Commander-in-Chief, and the officers so elected shall be commissioned by the Governor. On failure to III- That in case there shall be a failure to elect any of the officers of
tion ordered.60" the said Regiments, the Adjutant and Inspector General shall, upon re- ceiving notice thereof, forthwith issue an order for another election, to be conducted in the same manner as is hereinbefore provided. Existing com- IV. That the commissions of the field officers of the said several Regi- vacated. ments of Reserves, appointed by the Governor and Council, shall be vacated
so soon as the officers elected under the provisions of this Act shall have been commissioned and qualified.
OF SOUTH CAROLINA. 129
V. That the resolution of the Executive Council disbanding the fourth a.d. ise.2'3. and tenth Regiments of the First Corps of Reserves be, and the same is hereby, repealed.
VI. That the service of the said First Corps of Reserves be Dot extended Term of service beyond their term of enlistment, to wit : for three months from their enlistment
In the Senate House, tho eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of tho State of Sooth Carolina,
W. D. PORTER, PtoxideM of the. Senate.
A. 1*. ALDRICH, Speaker Hmtse of Representatives.
an act to enable citizens of the state who are engaged in ^0. 4627. Military Service to exercise the Rights of Suffrage.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That soldiers to all citizens of this State who are engaged in the military service, either of this State or of the Confederate States, shall be entitled to exercise the rights of suffrage iu all respects as fully as they could do were they present in their respective Election Districts, at the polls thereof.
II. That for the purpose of enabling such persons so to exercise the rights Two commis-
.......... . , , sioned officers
of suffrage, it shall be their privilege, when any two or more may be at the may open poll, same camp, or other place where soldiers arc congregated, to have opened at such camp or other place a poll, to be managed by any two commissioned officers, citizens of this State, who may be by such voters selected to manage the same.
III. That before entering upon the management of such poll, the Man- Oaths adminis- agers shall take the oath prescribed by the laws of this State to be admin- istered to Managers of Elections; which oath they are hereby authorized
to administer to each other; and they are further empowered to administer to the voters the oath prescribed for that purpose by the laws of this State.
]V. That in the management of such poll, the Managers shall make a schedule fur- schedule, containing : First. A caption, setting forth the time and place such election was held, and the Election Districts and the office for which it was held. Second. The names and places of residence of all the voters enrolled 17
130
STATUTES AT LARGE
A. D. 18C2 '3.
Certificate of Managers.
Manager.? shall forward cer- tificate.
Time for open- ing poll.
Managers to aggregate re- turns and de- clare election.
Executive to
furnish blank.'
Limitation.
Substitute for Act and Ordi- nance.
by the Managers, and subscribed by the voters to the oath administered to each; each voter affixing his signature, by his own hand, opposite to his name enrolled by the Managers.
V. That immediately on closing the poll, the Managers shall proceed to count the ballots, and shall subjoin to the schedule above mentioned a cer- tificate, under their hands, setting forth the facts of counting, and the number of votes cast for each individual. And the Managers shall there- upon enclose the said schedule and certificate, under sealed cover, addressed to the Clerk of the Court of the Judicial District in which such Election
District may be situated, and endorsed " Election Returns for Election
District, for office of /' and transmit the same by mail, or by some
messenger to be employed at the expense of the voters ; and if the election shall be for a Member of CoDgress, with the said schedule and certificate shall be enveloped the ballots cast.
VI. That the said poll shall be opened on the day fixed for such election to be had in the Election District to which it pertains, or on any day within twenty days preceding that day, and at such hours as the Managers may designate as most convenient.
VII. That it shall be the duty of the Clerk of the Court by whom any such election returns may have been received, to deliver or transmit the same, unopened, to the Managers of Elections for such Election District, on or before the day on which they may assemble at the Court-House, or other place appointed by law for declaring such election ; and the Managers so assembled shall proceed to aggregate the returns which may be thus received with the returns which shall have been made by them from the District precincts, and shall declare the election as now provided by law; and if the election be for a Member of Congress, shall transmit the schedule, certificate and ballots aforementioned, to the office of the Secretary of State, along with the ballots cast in the Election District.
VIII. That the Executive authority shall cause to be prepared and sent to the Colonels of the various Regiments of this State engaged in actual service, and the Majors or Captains of independent commands in such ser- vice, blank forms for the schedules and certificates above required, which shall contain the oaths of Managers and voters.
IX. That this Act shall continue of force only during the continuance of the existing war between the Confederate States and the United States, and shall be, and is hereby declared to be, a substitute for the provisions of an Act of the General Assembly of this State entitled "An Act to en- able volunteers in the military service to exercise the rights of suffrage," ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and also a substitute for the provi- sions of an Ordinance of the Convention entitled " An Ordinance to enable
OF SOUTH CAROLINA. 131
citizens of this State who are engaged in military service to exercise the a.d. isg2'3. rights of suffrage," declared and ordained on the sixth day of January, in ^ y ' the year of our Lord one thousand eight hundred and sixty-two, which said Act and Ordinance are hereby repealed.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. TORTER, President of the Senate.
A. P. ALDRICFT, Speaker Rouse of Representatives.
an act to establish and reciiarter certain roads, bridges and no. 4627. Ferries, and for other turposes.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting -in General Assembly, and by the authority of the same, That New road in M. R. Heronicut, one of the Commissioners of Roads for Pickens District, vshall be, and is hereby, authorized and empowered to lay out a new road, as ordered and directed by the Board of Commissioners, on the old Bach- elor's Retreat Road, by commencing said change at Shiloh Church, and inter- secting the old road at or near Hopewell Church, over the lands of John T. Sloan, whenever the said Sloan shall surrender the right of way without charge, and when so laid out and put in proper travelling condition, the same shall be, and is hereby declared to be, a public road.
II. That Nelson Ferry, over the Santee River, be, and is hereby, reestab- Nelson Ferry
,. . , , , ,- n o i -, • A „,, re-established,
hshed and opened as a public terry, tor and during the space ot three years,
and during the continuance of the existing war with the United States, and
be vested in William Ransom Davis for the said period of time, with the
same rates of toll as were allowed to the last proprietor of the said ferry.
III. That the ferry over the Waccamaw river, known as Cox's Ferry, Cox's Ferry
rccliflrtcrcQ*
shall be, and the same is hereby, rechartered for and during the term of three years, and during the continuance of the existiug war with the United States, and vested in Mrs. Frances P. Cox, her heirs and executors, with the following rates of toll: For each foot passenger, five cents; for man and Rates of toil, horse, ten cents; for each bead of cattle, five cents; for each head of sheep or hogs, three cents; for a carriage drawn by one horse, mule or ox, twenty- five cents; if drawn by two horses, mules or oxen fifty cents; if drawn by
132
STATUTES AT LARGE
A. D. 1862 '3.
Part of Act of 1856 repealed.
Bnekhead Causey.
New road in Bark Corner.
Road: discon- tinued in Greenville.
three horses, mules or oxen, seventy-five cents; if drawn by four of more' horses, mules or oxen, one dollar; and four times these rates for long, fer- riage, which shall be when the flat of said ferry lands its passengers at Edmonds' landing.
IV. That the eighth and ninth sections of the " Act to establish certain, Roads, Bridges and Ferries," passed on the twentieth of December, Anno Domini eighteen hundred and fifty-sis be, and the same are hereby, repealed, and that all contracts and agreements made by the Commissioners of the Roads for Greenville District uuder, and by virtue of the said clauses in the said Act, with the Gap Creek and Middle Saluda Turnpike Company (com- monly called the Jones' Gap Turnpike Company) shall be, and are hereby declared to be, null and void, and vacated from the passage of this Act, bufe without prejudice to the legal rights of the said company under the said- contracts and agreements, if any they have.
V. That the Commissioners of Roads of Saint Bartholomew's Parish do- take under their charge and control Buckhead Causey, and with the road hands put the same in good travelling order, and so keep the same during the year eighteen hundred and sixty-three, and report their proceedings, and the condition of the said Causey, and all the facts connected therewith, and especially as to the lease thereof, heretofore made Co James Bell, to the next regular session of the General Assembly.
VI. That the Commissioners of Roads for Greenville District do cause to be laid out a new public road in the " Dark Corner " of the said District, from Old Gowansville to William Fisher's, and the same opened and worked on by the road hands of the proprietors of the lands over which the said road may be laid out, and the same is then hereby established and declared to be a public road : Provided, That the said Commissioners shall first ap- prove the opening the said new road, and the proprietors of the lands over which the said new road may be laid out shall surrender to the said Board, by instrument of writing, the right of way over said lands for said road, free of charge therefor.
VII. That the Commissioners of Roads for the Upper Division of Green- ville District be authorized to discontinue a short piece of road, of about two miles in distance, running from a point on the White Horse Road, called Pine Grove, and intersecting the main Buncombe Road near the nine-mile post, as a public road.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
OF SOUTH CAROLINA. 133
AN ACT TO INCORPORATE THE EDISTO AND ASHLEY CANAL COMPANY. A.P.1S62'3.
I. Be it enacted by the Senate and House of Representatives, now met No. 4G28. and sitting in General Assembly, and by tbe authority of the same, That Company
■ . ; , i "• j « i authorized.
the formation of a corporate company is hereby authorized tor the construc- tion of a canal between the Ed is to ami Ashley rivers, on the most prac- ticable route, from a place on the former below Givham's Ferry to a point on the latter below Bacon's Bridge.
II. That the stock of the company hereby authorized shall consist of one Booksforsub-
r * J Bcrfption, by
thousand shares, of one hundred dollars each share; that books for sub- whom opened.
scription to the stock of said company shall be opened in Charleston, Lex- ington, Barnwell, Orangeburg, and Colleton, by throe commissioners in each place, namely: in Charleston by J. B. Campbell, T. 1>. "Wagner, and L. D. DeSaussure; in Lexington by .J. A. Hendricks, F. 11. Meetee, John Fox; in Barnwell by J. T. Aldrich, J. J. Mah«r, and N. G. W. Walker; in Orangeburg by L. C. Glover, Henry Ellis, and W. 0' Cain J in Colleton, Dauiel S. Henderson, J. K. hinder, and I). S. Cauaday; and the books shall be opened in each of the said places on the same day, namely: the first Monday of March next, and be kept open at each place three days, between the hours of nine in the morning and three in the afternoon; and the time and places of subscribing shall be advertised by the said Commissioners, in the several Districts for which they are respectively appointed, for at least two weeks prior to the day for opening the books. If any of the Commis- Vacancy in sioners before named shall, alter the passage of this Act, decline to serve, filled, a majority of the Delegates in the General Assembly for the District in which the Commissioner so declining resides, may appoint a fit and proper person to supply the vacancy; and if any one of the Commissioners shall not attend at the time of opening the books, the other two Commissioners at the place fur which he was appointed may choose a fit and proper person to supply his place, or may themselves proceed to open the books and re- ceive subscriptions. Upon the books being opened, as aforesaid, individuals Subscriptions may subscribe for so many shares as they see fit, paying to the said Com- leceive missioners two dollars on such share subscribed; and the Commissioners shall designate in the books, opposite to the names of the subscribers, the day of subscription, the number of shares subscribed, and the sum of money paid, respectively; and for the sums so paid the Commissioners shall give receipts to the individuals, paying, and as soon as may be, deposit the money in the Bank of the State of South Carolina, or in some branch thereof, subject to the joint check of a majority of the Commissioners until the said Company is organized, and then subject to the check or order of said company.
134 STATUTES AT LARGE
A. D. 1862 '3. III. That when the hooks shall be closed on the last day, the Conimia- v X ' sioners at Charleston, Lexington, Barnwell, and Orangeburg, shall transmit to make list of to the CommissionersJn Colleton a list of the subscribers, designating, as in the subscription books, opposite to each name, the day of subscription, the number of shares subscribed, and the sum paid, with a certificate, to be signed by one or more of the Commissioners, that the money is deposited in the Bank, conformably to this Act. And thereupon the Commissioners in Colleton, from all the lists of subscribers, shall make out one general list, and sum up the whole, and ascertain whether the shares subscribed are equal in amount to the capital prescribed for the company, or greater or less. If the number of shares subscribed shall exceed one thousand, then the shares shall be reduced ratably to that number, except that no sub- scription of five shares or less shall be reduced. If the' number of shares subscribed be less than five hundred, the Commissioners at Colleton may keep the books open at that place until the number of five hundred shares be subscribed, and two dollars paid on each share, as aforesaid: Provided, That said Commissioners at Colleton shall not keep open said books of sub- scription for a longer period than four years after the passage of this Act.
When company IV. That on the subscriptions of shares in the stock of the company to an amount equal to or exceeding five hundred, as aforesaid, being made, or in case of excess of subscriptions, upon the number being reduced to one- thousand, in manner aforesaid, the said company shall be considered as formed, and this Act of Incorporation shall and may attach, and become effectual, and the company may take measures for complete organization. For this purpose the Commissioners in Colleton shall appoint a convenient time and place for the meeting of the stockholders, and shall cause the same to be advertised in one or more of the gazettes published in Charles- ton and Columbia for four weeks prior to the day of meeting, at which time and place the subscribers may attend in person or by proxy: Provided,
Ballot for Presi- The proxy be a stockholder. The Commissioners at Colleton, or a
rectors. majority of them attending, shall present a ballot-box, in which the sub-
scribers may vote for a President and twelve Directors, to serve for one year, and until a new election shall be made; and the presiding Commis- sioners, after the first election hereby required to be made, shall count the ballots, declare the election, and make and deliver proper certificates thereof.
schedule of V. That in the said election, and in all future elections for President
and Directors, and in the making, altering, and repealing by-laws, and in determining on measures involving the general interest of the company, the votes of the stockholders shall be taken and governed by the scale and regulations following, to wit: the owner of one or two shares shall be en- titled to one vote ; the owner of three or four shares to two votes, and in
rotes.
OF SOUTH CAROLINA. 135
the same proportion as far as twenty-four shares; and any stockholder who a.d.isc2'3. may have subscribed for any number of shares beyond twenty-four, and v~~ v™—'' not more than fifty, in addition, for the excess, may be entitled to one vote for every five shares.
VI. That tbe election of President and Directors shall be made annually, Annual election
for President
according to a by-law to be made for that purpose, and in case of any va- and Directors. cancy occurring between the times of annual election, a majority of the Board of Directors may elect by ballot, from the stockholders, a person to fill tbe vacancy; but if it happen that the day of annual election of Presi- dent and Directors should pass without election being made, as to any or all of them, the corporation shall not be dissolved or discontinued thereby, but it shall be lawful on any other day to hold and make such election, in such manner as shall be prescribed by the by-laws of the corporation.
VII. That the said company, so organized as aforesaid, shall be called style and title " The Edisto and Ashley Canal Company," and have perpetual succession
of members, may make and have a common seal, and alter it at pleasure; may sue and be sued, answer and be answered unto, by their corporate name aforesaid, in all the Courts of Law and Equity and judicial tribunals of this State ; and from time to time to make such rules, regulations and by-laws as they shall think proper for their own government: Provided, The same shall not be repugnant to or inconsistent with any law of this State.
VIII. That the said company shall and may cause a communication or Privileges. inland navigation to be made between the Edisto and Ashley Rivers, by
means of reservoirs, dams, canals and locks ; the canal to be cut from the Edisto river, below Givham's Ferry, to a point on the Ashley river below Bacon's Bridge, on such route as may be found most practicable, by surveys hereafter to be made; and that the said company shall and may fix and Rates of toll, establish, and be entitled to take and receive, by way of toll, for all goods and merchaudise carried on and through, and boats and rafts passing on and through the said canal, such sums or rates as the said company shall think proper to impose, not exceeding at any time ten per cent, per annum on the money which they shall have expended in making and keeping in repair said canal ; in order to ascertain which rates the books of said com- pany shall always be liable to the inspection of the Legislature, and the President and Directors shall submit annually, on oath, a written statement of the expenses of keeping said canal in repair, and the rates of toll.
IX. That it shall be unlawful for the said company at any time to per- Water not to be it 0 i T> i- • i l-i , taken for irri-
mit to be drawn from the Edisto river, through said canal, any water for gation.
the purpose of irrigation ; and if at any time they shall allow any water to
be so drawn for such purposes, said company may be proceeded against by
teare /ados, and shall be liable to a forfeiture of their charter; that the Lock and gates.
said company shall at all times keep one lock with gates at the point on the
136 STATUTES AT LARGE
a. d. 1862 '3. canal where the swamp land of Edisto river shall adjoin the high land or v— — v-"—'' ridge; which lock and gates they shall at all times keep in good and suffi- cient repair, so as to prevent the possibility of a continual flow of water from the Edisto to the Ashley river, to the detriment of the river planters on Pon Pou ; and if at any time said company shall neglect to keep in due repair said lock and gates, they shall forfeit and pay a penalty not less than one thousand dollars, nor exceeding teu thousand dollars, to be recovered by action of debt in any Court of competent jurisdiction, the whole of which penalty shall go to the prosecutor; the said company in any case of such default, shall also be liable to a forfeiture of their charter; and it shall be the duty of the Superintendent of Public Works to visit and examine said canal and locks annually, and to report to the General Assembly any viola- tions of the provisions of this Act. Company may X. That the said company shall have power to purchase, for themselves
purchase laud. , . „ , .
and their successors, such land as may be necessary tor the purpose atore- said, and when they and the owners of said lands cannot agree for the same, to take the said lands on a valuation to be made by a majority of five persons to be appointed by the Court of Chancery or Common Pleas to value the same, which land shall, on payment of the sum at which it shall be valued, be vested in the said company ; and the said company shall have power and authority to use any materials in the vicinity of said canal for opening and keeping the same in repair, paying a reasonable price therefor, which price shall be ascertained in like manner as the value of the land which the company may take as aforesaid, in case the company and the owners of the land cannot agree about the price thereof: Provided, That the company shall not be entitled to take more land at a valuation than what may be inclosed within two lines parallel to the axis of the proposed canal, and at a distance of sixty feet on each side of said axis.
stock personal XL That the shares in the said company may be sold, transferred, assigned or bequeathed by the proprietors, respectively; and in case of their dying intestate, shall go as personal estate, according to the Statutes of Dis- tributions.
Penalty for in- XII. That if any person or persons shall wilfully and maliciously throw
juriug or ob- * "* " * .
structing canal, down, break, or destroy any lock, dam, bank, waste-weir, culvert, wall or any part thereof, belonging to said canal, or throw dirt, trees, logs or other rubbish in the way, so as to prejudice the navigation and works aforesaid, such person or persons so offending shall, for every such offence, by con- viction on indictment, forfeit and pay a fine not exceeding fifty dollars, aud be imprisoned not exceeding three months, at the discretion of the Court before which such conviction shall take place, besides being liable to said company in a civil action for all damages done to the canal.
OF SOUTH CAROLINA. 137
This Act shall he deemed a puhlic Act, and continue in force for the a.d.1862'3.
term of thirty years. ^""N'— — '
Limitation.
In the Senate Houjo, the .sixth d>iy of February, In the year of our Lord one thousand eight hundred and sixty-three, and the eighty- seven; h year of the sovereignty and independence of the State of South Carolina.
W. 1). PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
an act to make appropriation in ald op tue families op no. 4629. Soldiers, and to repeal an Act entitled "An Act to afford Aid to tue Families of Soldiers," ratified on the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one.
I. Be it enacted by the Senate and House of Representatives, now met Appropriation. and sitting in General Assembly, and by the authority of the same, That
the sum of sis hundred thousand dollars, if so much be necessary, be, and the same is hereby, appropriated from the Treasury of this State in aid of the families resident iu this State of the soldiers, sailors, and marines who may now be, or shall during the present war be, in the army or navy of the Confederate States, or in the service of the State of South Carolina, and of those who have died, been killed, or disabled in the service of either.
II. That the appropriation thus made shall be divided ratably among Division of the several Election Districts of this State, in the following proportion, to
wit: Upon the ratio of the white population of the several Election Dis- tricts, as ascertained by the last census taken in this State for the appor- tionment of representation in the House of Representatives.
III. That in each Election District there shall be appointed, by the Soldiers' General Assembly, upon the nomination of the delegation in both branches lief to be ap- from each Election District, and to be selected from persons not liable to Confederate conscription, and who shall be freeholders, a Soldiers' Board
of Relief, to consist of not less thau three nor more than twelve freeholders in any Election District. The said Boards of Relief shall be, and are hereby, authorized to fill up all vacancies in their respective Boards, arising 18
138
STATUTES AT LARGE
A. D. 1862 '3.
Boardi to ap- point Secretary and Treasurer.
Distribution of funds.
Boards shall make returns.
Duties of Comptroller General and Treasurers.
from any cause, by appointments of said Boards; they shall meet upon the call of the Chairman, as well as by their own resolution, and a majority of each Board shall constitute a quorum.
IV. That the said Boards shall each appoint a person, not liable to Con- federate conscription, and of their own body or otherwise, as they may decide, as Secretary and Treasurer, who shall keep a record of all transac- tions, and be responsible to said Board, and give bond, payable to said Board, in such sum, and with such sureties, as the said Board may direct, , for the faithful performance of the duties of his office, and who/shall receive as a compensation for such services one per cent, on the amounts passing through their hands.
V. That the said Boards of Belief shall respectively receive from the Treasurer of the Division in which the Election District may be situated, upon the draft of the Chairman, the sum of money apportioned to each Election District, in the ratio above created and ascertained, in the mode hereinafter provided, and shall apply the same in their respective Districts in such manner, and in such proportions, as in the discretion of the said Boards shall seem best; and either by pecuniary assistance, or by the pur- chase and distribution of food and clothing, and other necessaries, to the aid and relief of the families of all those who now are, or during the pres- ent year may be, engaged in the military or naval service of the Con- federate States, or of this State, and of the families of those who have died, or may die, or be killed or disabled in either service, and of such persons as are or were dependent upon those so in military service; such dependence to be judged of and decided by the said Boards.
VI. That the said Boards of Relief shall make returns of their receipts and expenditures to the General Assembly at its next regular session, and shall be liable, to the same penalties for default or neglect of duty as the other District Boards are now liable to, according to law.
VII. It shall be the duty of the Comptroller General, and of the Treasurers of the Upper and Lower Divisions of this State, to meet together within one week after the ratification of this Act, and forthwith to appor- tion the sum hereinbefore appropriated to and among the several Election Districts, upon the ratio hereinbefore created; and upon the completion of the said apportionment, it shall be the duty of the Comptroller General forthwith to communicate with the several Boards of Relief established by this Act, and to inform each Board, respectively, of the amount appor- tioned to the Election District wherein such Board is ; and it shall be the further duty of the Comptroller General to report such apportionment to the General Assembly at its next regular session, and also to the Spring and Fall Terms of the Courts of Common Pleas and General Sessions. And it shall be the duty of the Treasurers of the Upper and Lower Di-
OF SOUTH CAROLINA. ' 139
visions, 'respectively, according to the location of the several Election A. d. isf.23. Districts, to pay, upon the drafts of the respective Chairmen of said Boards, v-—~"y~— "*
Treasurers to
the sum of money so apportioned to the several Election Districts: Pro- pay appropria- vided, That after one-fourth of the amount allowed to each of the Boards of the sum appropriated by this Act is drawn, the balance thereof, or so much thereof as may be found to be necessary-, shall be paid in quarterly payments, after said Boards have severally rendered to the Treasurer of the Upper or Lower Division, as the case may be, an account of their act- ings and doings for the preceding three months.
VIII. That an Act entitled an Act to afford aid to the families ofActofiS6i soldiers, ratified on the twenty-first day of December, in the year of our repea Lord one thousand eight hundred and sixty-one, be, and the same is here- by, repealed.
In the Senate House* the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. POUTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT TO AMEND AN ACT ENTITLED "An ACT TO MAKE APPROrRIA- No. 4630.
tion in Aid of the Families of Soldiers, and to repeal an Act entitled an act to afford ald to the families of soldiers," ratified ox the twenty-first day of december, in the year of our Lord one thousand eight hundred and sixty-one.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Act of Decem- the provisions and benefits of an Act entitled " An Act to make appropria- amended. tion in aid to the families of soldiers," and to repeal an Act entitled "An Act to afford aid to the families of soldiers," ratified on the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, be, and the same are hereby, extended so as to include the families, resident in this State, of the soldiers, sailors and marines who shall be in the army or navy of the Confederate States, or in the service of the State of South Carolina, or who shall die, be killed, or disabled in the service of cither, at any time during the year of our Lord one thousand
140 • STATUTES AT LARGE
A. D.1862'3, eight hundred and sixty-three, anything in the said Act to the contrary
v~"-,r~ ■**' notwithstanding; and that the seventh section of the said Act be amended
as follows : That upon the organization of the respective Boards they shall
forthwith report the same to the Comptroller General, with the post-office
address of the several officers of each Board.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker IIov.sc of Representatives,
No. 4631. AN ACT to refund to the Soldiers' Board of Relief for Barn- well and Laurens Districts, and for Saint Matthew's and Christ Church Parishes, moneys advanced and expended by them, as Boards of Relief, out of their private funds.
I. Be it enacted by the Senate and House of Representatives, now met Board of Relief and sitting in General Assembly, and by the authority of the same, That
for Barnwell to- ° . , - ■
make assess- the members of the Soldiers' Board of Relief to be appointed for the raent, L r
present year for Barnwell District be, and they are hereby, authorized and
required to make an assessment upon the general State tax of the said
District, which shall be sufficient to raise the sum of two thousand nine
hundred and five dollars and fifty-seven cents; and that the Tax Collector
for said District, when furnished with a written order from said Board, do
collect and pay over the said sum to and in relief of the members of the
Soldiers' Board of Relief for Barnwell District for the year one thousand
eight hundred and sixty-two, on account of moneys heretofore advanced
and expended by them.
£?B-ZBB?3?iTct,toT II- That the members of the Soldiers' Board of Relief, to be appointed
St. Matthew's ' rr
Parish. for the present year for St. Matthew's Parish be, and they are hereby,
authorized and required to make an assessment upon the general State tax of the said Parish, which shall be sufficient to raise the sum of three hun- dred and seventy-five dollars, and interest that may accrue thereon from the time paid out until collected, and that the Tax Collector for said Parish, when furnished with a written order from said Board, do collect and pay over the said sum to and in relief of the members of the Soldiers' Board
OF SOUTH CAROLINA. 141
of Relief, for St. Matthew's Parish for the year eighteen hundred and sixty- a.d.is62'3. two, on account of moneys advanced and expended by them. Y
III. That the " Soldiers' Board of Relief " for Laurens District be, and Assessment for
Laurens Dis-
they are hereby, authorized to levy an extraordinary assessment on the trict. State taxes of said District, at the next annual collection, sufficient to reim- burse the members of said Board the sum of one thousand dollars, ex- pended by them out of their private funds for the relief of soldiers' faaiilies; and it shall be the duty of the Tax Collector to collect said assessment as he is required by law to collect other funds levied for the relief of soldiers' families.
IV. That the "Soldiers' Board of Relief" for Christ Church Parish be Tax levied for
i-ii i ii • i t-> • i rr- ■ Christ Church
authorized to levy a tax on the taxable property oi said Parish sufficient to Parish.
raise the sum of two hundred dollars, to reimburse the Commissioners for
last year a sum advanced by them.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT to provide for a guaranty by the State of the Bonds No. 4632. of the Confederate States.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Confederate the Governor of the State, for the time being, be, and he is hereby, author- teTd.* S'" ized and directed to endorse the guarantee of the State upon the bonds of the Confederate States of America, upon the application of the Government of the said Confederate States, to an amount equal to the proportionate share of the State of South Carolina of the sum of two hundred millions of dollars, in the ratio of the representation of said State in the House of Representatives of the Confederate Congress, thereby pledging the faith and the funds of the State for the payment of the principal of the said bonds, and the interest to accrue thereon : Provided, That such of the bonds as shall be sold within the Confederate States, shall be disposed of to the highest bidder : And provided, further, That in the sale, whether
142 STATUTES AT LARGE
A. D. 1862'3. in this country or abroad, of these bonds, this State and the citizens there- of shall have the right to purchase tie bonds under its guarantee, in pref- erence to all purchasers at equal bids.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4633. AN ACT to provide for a guaranty by the State of the Bonds
op the Confederate States.
I. Be it enacted by the Senate and House of Representatives, now met Governor to and sitting in General Assembly, and by the authority of the same, That
endorse bonds. . „. _,.,. , ,..„ ,
the Governor, tor the time being, whenever application tor such guaranty shall be made to him by the Government of the Confederate States of America, be, and he is hereby, authorized and directed to endorse the guaranty of the State of South Carolina upon the bonds of the Confederate . States of America, to be hereafter issued according to a plan to be adopted by Congress, to the amount of thirty-four millions four hundred and eighty- two thousand seven hundred and fifty-eight dollars sixty-two and two twen- ty-ninth cents, being the proportionate share of the sum of five hundred millions of dollars, according to the representation of South Carolina in the House of Representatives of the Confederate Congress, the representation of the States of Missouri and Kentucky being omitted in the calculation. Act of Decern- JJ. That the Act ratified on the eighteenth day of December, in the year
ber, 1862, re- ...
pealed. of our Lord one thousand eight hundred and sixty-two, entitled " An Act
to provide for a guaranty by the State of the bonds of the Confederate States," be, and the same is hereby, repealed.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina,
W. L\ PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
OF SOUTH CAROLINA. 143
AX ACT to prohibit Extortion and punisii Extortioners. a.d.1862'3.
I. Be it enacted by the Senate and House of Representatives, now met 2\o. 4634. and sitting in General Assembly, and by the authority of the same, That Penalty for ex- froin and after the passing of this Act, any dealer or speculator in clothing,
or materials of clothing, boots, shoes, leather, brogans, raw hides, meat, grain, flour, fish, coffee, sugar, tea, salt, saltpetre, drugs, medicines, wool, yarn, iron, castings, nails, and hardware generally, gold and silver coin, wood, coal, candles, oil, lard, soap, cattle, hogs, and other live stock, poultry, sterling exchange, or other necessaries of life whatever, or any manufacturer for sale of any of the said articles, who shall, during the continuance of the existing war, sell or dispose of any of the said articles at exorbitant or unreasonable rates or prices, or at an exorbitant or unreasonable advance or profit on the cost thereof, or cost of the production or manufacture there- of, or shall refuse to sell or dispose of the same for cash, either in specie or in current funds, at fair or reasonable rates or prices, or at reasonable advances or profits on the cost thereof, or cost of the production or manu- facture thereof, and all other persons who shall sell or dispose of any of the said articles at exorbitant or unreasonable rates or prices, or at an exor- bitant or unreasonable advance or profit ou the cost, or cost of the produc- tion or manufacture thereof, shall be deemed and held guilty of extortion, and on conviction thereof in any of the Courts of General Sessions of this State, shall be fined not more than one thousand dollars, and be imprisoned not more than twelve months; one-half of the fine in each case to be for the benefit of the informer, and the other half for the benefit of soldiers' and seamen's families, to be paid over to the Soldiers' Board of Relief for the District in which the conviction shall take place ; and the informer to be a competent witness, any law, custom or usage to the contrary notwith- standing: Provide d, That no importer of foreign merchandise shall be Exemptions liable to the penalties of this Act for sales of such merchandise : And pro- fr°m penaIty' vided, further, That persons bringing into this State articles of food from other States, and selling the same at prices not higher than those charged by producers in this State, shall not be liable to the penalties of this Act.
II. That in all cases arising under this Act, it shall be left to the juries juries to <ic- to determine what are exorbitant or unreasonable rates or prices, or exor- torticn.8 bitant or unreasonable advances or profits, due regard being had to the cir- cumstances of each case ; and it shall be lawful for the Court of Appeals to
review the facts of all such cases, and to set aside verdicts and order new trials for want of conformity thereto.
III. That no person prosecuted under this Act shall be allowed any right Proceedings on or privilege of traverse or imparlance, or postponement of trial, at the first
term of the Court in which he shall be indicted, unless on affidavit of the
144
STATUTES AT LARGE
A.D. 1862'3. necessary absence of a material and necessary witness, and no technical or formal exception to any process, indictment, or other pleading shall avail the defendant, but each case shall be tried and adjudged according to the Penalty for giv- merits, without any regard to form: Provided, That any one who shall wilfully and maliciousby give false information, as the basis of a prosecution under this Act, shall be liable to indictment therefor, and shall, on convic- tion thereof, be subject to the penalties of this Act.
IV. Corporations, by their corporate names, and corporators of incorpora- ted companies, shall be liable to indictment and punishment for extortion under this /Vet; and when corporations are indicted and convicted of ex- tortion, tbey shall be liable to fine as aforesaid, and to forfeiture of charter, at the discretion of the Court.
ing false infoi mation.
Corporations liable.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of .the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4635. AN ACT to enforce any Proclamation of the Governor pro- hibiting the Exportation of Provisions.
T. Be it enacted by the Senate and House of Representatives, now met Penalty for and sitting in General Assembly, and by the authority of the same, That
violation of Gov- c ,...., • p
ernor's procia- when any proclamation of the Governor prohibiting the exportation or pro- nation. J r .'■■*.
visions may be of force, if any person exports such provisions contrary to
the true intent and meaning of such proclamation, he or she shall be liable to indictment, and on conviction, shall be fined in an amount not less than twice the market value of the article at the time of sentence; nor shall any such person on arrest to answer be discharged, unless he or she enter into recognizance for his appearance at the next term of the Court of General Sessions, with two or more good sureties, in a sum not less than twice the market value of the article exported.
II. That if aDy person shall attempt to export, as aforesaid, any provisions contrary to the true intent and meaning of such proclamation, on informa- tion given to any Magistrate of the District in which the person so offending may reside, or be taken, as hereinafter provided, such Magistrate may issue
Duties of Magistrates
OF SOUTH CAROLINA. 145
his warrant, directed to the Sheriff, Constable, or an}T citizen of the said a.d.«62,3p. District, authorizing the arrest of such person; and on failure of such per- ^""~y"~ — ' ' son to enter into recognizance, with two or more good sureties, for appear- ance at the next Court of General Sessions appointed for such District, to anwer to an indictment for such attempt, in not less than double the market value of the articles proposed to be carried beyond the State, the Magistrate may commit the party offending to jail, to be held to answer the indictment, and on conviction, to be fined and imprisoned at the discretion of the Court.
III. In case of proceedlna; under the second section of this Act, it shall Articles to be
seized.
be the duty of the officer or person authorized to arrest, to seize the articles
so attempted to be exported, and deliver them to the Sheriff' of the District,
who shall securely retain the same uutil the indictment is disposed of; and Fines paid to
the Judjre by whom the offendinsr party may be sentenced for violation of Wards' of
. . . Relief,
any of the provisions of this Act, shall order the fine imposed to be paid
over to the "Soldiers' Board of Relief" of such District.
lAr. That on affidavit made by any such Sheriff that the articles seized Perishable are perishable, it may be lawful for any of the Judges of the Courts of Law sold. to order the sale of such articles for cash at the Court-House, on any day, after fifteen days' notice, by advertisement iu a newspaper, if any be pub- lished in such District; if not, by written notice in three conspicuous places in the same, and on receipt of the proceeds of the sale, after retaining the cost of the advertisement and five per cent, on such proceeds, the said Sheriff shall pay the balance into Court.
V. That in case the said party is, on trial, acquitted, the articles so seized, Recovery in or the proceeds of the sale, authorized in the fourth section of this Act, tai. shall, by order of the Court, be delivered over to such party, who shall also
have a claim against the State for the interest on the market value of the said articles from the day they may be so seized ; and for compensation in case of a sale having been made, for the amount paid out of the proceeds for the advertisement and per centage allowed the Sheriff.
VI. That on conviction of the person or persons offending against the Proceedings second section of this Act, the articles seized, in case no sale has been tion. , ordered by them, as before provided, shall be sold for cash by the Sheriff,
at such time, place, and notice, as the Judges passing sentence may direct, and, after deducting from the proceeds of such sale the costs of the notice, and five per centum for the Sheriff, the balance shall be paid to the Clerk, and by him be received on account of the fine imposed by the said Judge; and in the event of a sale having been made, as provided by the fourth Section of this Act, the amount paid into Court, as thereby required, shall be received on account of the fiue imposed.
VII. That for the purpose of more fully carrying into effect the provisions Governor may^ of this Act, the Governor may, whenever he thinks proper, appoint one or
19
146 STATUTES AT LARGE
A. D. 1862 '3. more persons in each District, whose duty it shall be to see that prosecutions ^"— v~""/ are commenced against offenders, which agents shall be paid out of the
contingent fund a compensation by him regarded adequate for the services
they may render.
In the Senate House, the tenth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
No. 4636. AN ACT to punish Purchasing under Assumed Authority.
I. Be it enacted by the Senate and House of Representatives, now met Punishment for and sitting in General Assembly, and by the authority of the same, That if any person contracts for or purchases, or attempts to contract for or pur- chase, any cotton or provisions, pretending and professing to be acting for and on behalf of the Confederate Government, or of some State, when in fact he has no authority to act as such agent, he shall be liable to indict- ment, and on conviction, fined and imprisoned at the discretion of the Court. »»
Onus on JJ, That on trials on such indictments, the onus shall be on the defend-
defendant. . . '
ant to prove the authority under which he professed to act in so contract- ing or purchasing, or attempting so to do.
In the Senate House, the tenth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker Mouse of Representatives.
OF SOUTH CAROLINA. 147
AN ACT TO ABOLISH THE EXECUTIVE COUNCIL ESTABLISHED BY THE A.D.1862'3.
Ordinance op the Convention entitled "An Ordinance for Vs" — ^~~i Strengthening the Executive Department during the exigen- ^°' ® ' ' cies op the present war."
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Council aboi- the Executive Council established by the Ordinance of the Convention entitled " An Ordinance for strengthening the Executive Department during the exigencies of the present war," ratified the seventh day of January, in the year of our Lord one thousand eight hundred and sixty- two, be, and the same is hereby, abolished.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT TO DECLARE THE LAAV IN RELATION TO THE PROCEEDINGS No. 4638.
of TnE Executive Council.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Acts, Ac, of no the several Acts, Proceedings, Resolutions and Orders of the Executive Council, as contained in the book of records of said Council, transmitted by them to the General Assembly, have not and shall not have the force and effect of law : Provided, That nothing herein contained shall be so construed as to abrogate or repudiate any contract or contracts made or entered into with the said Executive Council.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
148 . STATUTES AT LARGE
A.D.1862'3. AN ACT FOR THE APPOINTMENT OF COMMISSIONERS OF THE POOR"
*"" — v~~~ J for Lancaster District.
No. 4639.
I. Be it evaded by the Senate and House of Representatives, now met- commissioners and sitting in General Assembly, and by the authority of the same, That Allen Morrow, Irvin Clinton, and W. B. Nelson, be, aud they are hereby, appointed Commissioners of tbe Poor for Lancaster District, who. together with Jesse B. Mobley and Thomas L. Clyburn, who hare been elected by the people, shall constitute the Board of Commissioners of the Poor for said District, until the next regular election for members of the General Assem- bly of this State.
In the Senate House, the sixth day of lfebruarj\ in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of "** South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives,
No. 4640. AN ACT to continue in force an Act entitled " An Act to extend Relief to Debtors, and to prevent the sacrifice otf Property at public sales."
I. Be it enacted by the Senate and House of Representatives, now met Act continued and sitting in General Assembly, and by the authority of the same, That an Act entitled a An Act 'to extend relief to debtors, and to prevent the sacrifice of property at public sales/' ratified on the twenty-first day of De- cember, in the year of our Lord one thousand eight hundred and sixty-one, be, and the same is hereby, continued of force until the adjournment of the next session of the General Assembly of this State.
Fines of Courts II. And be it further enacted, That all fines imposed by the Courts of excepted. . .
Sessions and Common Pleas of this State be excepted from the operation of
said Act ; and that all such fines shall be collected as heretofore provided
by law. Common car- III. That the provisions of the said Act shall not extend to common
carriers, where they fail in their duties or liabilities as common carriers. Gaming. IV. That the said Act is not intended to interfere with any right to sue,
or remedy now afforded by law for the recovery of money lost by gaming.
OF SOUTH CAROLINA. 149
V. That the said Act shall not protect from suit or other process any A. D.i862'3. Tax Collector, Sheriff, Master or Commissioner in Equity, Ordinary, or k~*~~y~~~,/
_, . „ . n „ _. „, . _. in- 1 • Officers not
(Jlerk-oi the Court ot Common Pleas and Greneral cessions, or their sureties, protected. who has, or may hereafter receive any money belonging either to the State, District Boards of Commissioners, or individual citizens, and has failed or shall hereafter fail to pay over the same on demand being made to do so.
VI. That the provisions of the said Act shall not embrace fines imposed Courts Martial. by Courts Martial, or by municipal authority.
In the Senate House, the sixth dajT of PebrUaty, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives,
AN ACT to riiovTnrc for the anointment of Commissioners op No. 46-11. the Poor for Darlington District and for Chesterfield Dis- trict.
Whereas at the last general election holden for Darlington District, freambie, there was a failure to elect Commissioners of the Poor for said District, for remedy thereof:
I. Be it enacted by the Senate and House of Representatives, now met For Dariingtoni and sitting in General Assembly, and by the authority of the same, That James P. Wilson, Robert Huggins, E. Augustus Law, A. Nelson Stuckey, and Jesse Keith be, and they are hereby, appointed Commissioners of the Poor in and for the District of Darlington ; and that John C. Evans, Thomas For chester- W. Robeson, John S. Miller, James B. Bell and James Funderburk be, and they are hereby, appointed Commissioners of the Poor in and for the District of Chesterfield, to continue in office until the next general election; and they are hereby invested with all the powers, and subject to all the penalties that Commissioners of the Poor by law now are.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
150 STATUTES AT LARGE
A. D. 1852 '3. AN ACT TO AUTHORIZE THE BANK OF THE STATE TO INCREASE ITS
V*~ ' ~v-~"'/ issue of Small Bills.
No. 4642.
I. Be it enacted by the Senate and House of Representatives, now met
Bank may in- and sitting in General Assembly, and by tbe authority of the same, That
fTt^itS*3 i^^UG of
small bills. the Bank of the State of South Carolina be authorized to issue and keep in circulation bills of A denomination of less than one dollar, to the extent of five hundred thousand dollars, in addition to those now issued : Provided, That the said bills shall be made payable in current funds, and be -paid out for Confederate and other current issues.
Limitation. jj fnat ^c provisions of this Act shall cease and determine within one
year from the date of the ratification of a treaty of peace between the Con- federate States and the United States of America.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. P. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives,
No. 4643. AN ACT to incorporate with uniform rights, powers, and priv- ileges Protestant Episcopal Congregations in South Carolina.
I. Be it, enacted by the Senate and House of Representatives, now met Church may and sitting in General Assembly, and by the authority of the same, That poutk? and ° y hereafter, when any male adults, being not less than twelve in number, in coipora e. ^<g gtate^ s}ia]] desire to associate themselves together for the purpose of forming a Church, according to the doctrine, discipline, and worship of the Protestant Episcopal Church in this State, they shall be allowed to do so by filing with the Clerk of the Court of Common Pleas and General Ses- sions, for the District in which the said applicants reside, a written state- ment of such purpose and intention, signed by them, and sitting forth the name of their Church and the style of their corporation, which statement shall be recorded in the said Clerk's office, and on receiving his certificate thereof, they shall become a body politic and corporate, for the purpose aforesaid, and shall be known by the name and style designated in their said written statement.
OF SOUTH CAROLINA. 151
II. That the said corporations shall, by their respective corporate names, a.d.is62's. have succession of officers and members, according to their respective by- v—"~v™-'' laws, and shall have power to make all by-laws, rules and regulations lor privileges. their government, not repugnant to the laws of South Carolina, or the Con- stitution, canons, and other regulations of the Protestant Episcopal Church
in the same; to have and to keep and use a common seal, and the same alter at will; to sue and be sued, plead and be impleaded, in any Court of this State, and to have and enjoy every right incident to incorporations.
III. They shall also be empowered, severally, to retain, possess, and enjoy May hold all such property, real or personal, as they may respectively be possessed of,
or in any wise entitled unto, or which shall hereafter be given, bequeathed, or in any way acquired by them, and to sell, alien, and in any way transfer the same, or any part thereof.
IV. Any congregation of the Protestant Episcopal Church already in- Existing
• • a .* o •• ... n .» » i Churches may
corporated in south Carolina may, on expiration or their charter, or at any become bodies
time before, if they see proper to surrender their charter, become a body politic and corporate, under the provisions of this Act, by making known their intentions to do so, according to the provisions of the first section of the same.
V. Charters secured or renewed under this Act shall be perpetual, sub- Charters per- ject, however, to the power of the General Assembly to repeal or alter the same.
petual.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
an act to renew and amend the charter of tne swedish iron no. 4644. Manufacturing Company of South Carolina, and to change the name thereof.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Charter ex- the Act incorporating the Swedish Iron Manufacturing Company of South Carolina, passed on the twentieth day of December, in the year of our Lord
152
STATUTES AT LARGE
Privileges and obligations.
A. D. 1862'3. one thousand eight hundred and fifty, be, and the same is hereby, continued v""~,v^~"/ of force for the term of twenty years from and after the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty- four, when their present charter would expire. Name changed. II. That the name and style of the said company shall be, and the same is hereby, changed to the Magnetic Iron Company of South Carolina.
III. That the Magnetic Iron Company of South Carolina shall be entitled to all the property, rights and claims, and be liable for all the debts and obligations, of the Swedish Iron Manufacturing Company of South Caro- lina, and shall also possess and enjoy the same powers and privileges, and be subject to the same restrictions and limitations, as are granted to or im- posed upon the aforesaid Swedish Iron Manufacturing Company by the Act of Incorporation hereinbefore referred to.
IV. That the said company, under their new name aforesaid, shall have power to subdivide their capital stock into shares of the value of one hun- dred dollars each, and may increase their capital to any sum not exceeding- five hundred thousand dollars.
May increase
capital.
In the Seriate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4645. AN ACT to vest in the Confederate Government a part of the Columbia Canal, for the term of twelve years.
I. Be it enacted by the Senate and House of Representatives, now met Canal vested in and sitting in General Assembly, and by the authority of the same, That States. ' the part of the Columbia canal, together with the lands owned by the
State on both sides thereof, from Bull's sluice to the Columbia bridge, be vested in the Confederate States of America for the term of twelve years from and after the nineteenth day of December, in the year of our Lord one thousand eight hundred and sixty-four, for the purpose of erecting suitable buildings and machinery for a powder-mill, and continuing such as may be then erected, and the free use of the water-power for propelling the necessary machinery, and with authority to exact and receive such tolls
OF SOUTH CAROLINA. 153
according to the rates established bylaw: Provided, That the said Con- A. D. 1862 '3. federate Government shall keep the said canal in good boating order, and v~~~~v~~"'' cause an outlet or wasteway to be at all times kept open at the low end of keep canal in said canal, so as to prevent the stagnation of water therein : Provided, also, That any owner of lands or lot on said canal, situated below the point fixed in the first part of this section, shall have all the privileges of using the water in said canal as heretofore allowed by law. »
II. That the State reserves the right at any time to resume its control when state
i P ,, , ^ -,-, ... , . . . may resume
over that part ot the canal situate between .mill s sluice and the nearest control, building thereto which may be erected for the u?e of the powder-mill, and to lease the same, or any part thereof, for the erection of buildings for manufacturing purposes, or to use the water for any purpose whatever: Provided, The same does not interfere with this grant of privilege to the Confederate Government; and if the said Confederate Government shall at any time abandon the use of said canal and the buildings and machinery erected for the purposes aforesaid, for a period of one year, or suffer the water iu said canal to become stagnant for an unreasonable time, calculated to produce sickness, then the rights and benefits hereby conferred upon the Confederate Government shall revert to the State.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in tlie eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
AN ACT to Incorporate the Carolina Cotton and Woolen No. 4646.
Factory.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Corporators. Archibald S. Johnston, William Davidson, William C. Courtney, John Ferguson, William Lebby, Theodore D. Wagner, George S. Cameron, Don- ald L. McKay, and William B. Hcriot, and their associates and successors, arc hereby made and created a body politic and corporate in law, by the name of the Carolina Cotton and Woolen Factory, for the purpose of manu- Name, facturing, bleaching, dyeing, printing and finishing all goods of which 20
154 STATUTES AT LAEGE
A. D.1862'3. cotton, wool, or other fibrous articles ma}- form a part, and fur procuring all
^ v~ """/ machinery used for such purposes, and also for the transaction of such
business as may be necessarily connected therewith, and may erect such
mills and other works as may be required to carry on such branches of
Capital. manufacture; and they shall have power to raise, by subscription, in shares
of one hundred dollars each, a capital of one hundred and fifty thousand
dollars.
May hold real II. That the said corporation may purchase and hold such real estate
estate, .
as may be required for their purposes, or such as they may be obliged or deem it for their interest to take in the settlement of any debts due the said corporation, and may dispose of the same, and may sue and be sued in
May make by- all Courts of Law and Equity in this State; may have and use a common seal, and make such by-laws for their regulation and government as they may deem proper : Provided, That such by-laws are not inconsistent with the Constitution and laws of the Confederate States and of this State.
When to go III. That the said corporation shall not go into operation until seventy-
five thousand dollars of the capital stock shall be paid up in the current bank notes of this State or in the current notes of the Treasury of the Confederate States, and an oath or affirmation thereof shall be made by the President, Treasurer, and a majority of the Board of Directors, which shall be recorded in the Secretary of State's office, and published in at least two respectable newspapers in the State, one as near the establishment as circum- stances will admit, the other in the City of Charleston, and this shall be repeated after the payment of each instalment, until the whole capital is paid in.
Personal lia- IV- That the members of the said corporation shall be liable, jointly and
1 lty- severally, for all debts and contracts made by such corporation until the
whole amount of the capital stock authorized to be subscribed, as aforesaid, shall have been actually paid in, and no note or obligation given by any stockholder, whether secured by pledge of the stock in such corporation or otherwise, shall be considered as payment of the capital stock until such note or obligation shall have been actually paid.
stock personal V. That the capital stock of said corporation shall be deemed personal
piopei y. property, and be transferable upon the books of the said corporation, and
•■ no part of the said capital stock shall at any time, or upon any pretence whatever, be loaned to or divided among the stockholders, neither shall the capital be withdrawn or divided among the stockholders until all the liabil- ities of the corporation are lawfully paid; and no dividends shall be declared except from the net earnings of the corporation.
Votes. VI. That each stockholder shall have one vote for each share he may own
or represent at the election of Directors, and at all meetings of the corpo- ration.
OF SOUTH CAROLINA. 155
VII. That if the proprietor of any share or shares shall neglect to pay A. D.iso.2-3. any instalment assessed thereon, for the space of thirty days after the time *"■ m~r~—' appointed for the payment thereof, the Treasurer of the corporation, by negleclio pay order of the Board of Directors, may sell, by public auction, a sufficient ms a men s" number of such delinquent's shares to pay all instalments then due from
him, with all necessary incidental charges. The Treasurer shall give notice of the time and place of sale, and of the sum due on each share, by adver- tising the same three weeks successively before the sale in some newspaper which may be published near the vicinity of the establishment, and a bill of sale of the shares so sold, made by the Treasurer, shall transfer said stock to the purchaser, who shall be entitled to a certificate thereof.
VIII. That the persons named in the first section of this Act, or a ma- nooks (obe jority of them, may open hooks of subscription for the capital stock, in opeut such manner as they may deem expedient, and whenever such subscriptions
shall amount to fifty thousand dollars, the stockholders, having had two weeks' notice in writiug, may meet and proceed to elect a Board, consisting of a President and six Directors, for conducting the affairs of the corpora- tion, they to hold office until their successors shall be elected; and said President and Directors, or their successors, shall have power to dispose of any remainder of such stock which may not have been subscribed for, in such manner and at such times as they may deem fit.
IX. That the President and Directors shall submit to the stockholders Annual state- annually a written statement, under the oath or affirmation of the Treasurer
of the corporation, setting forth the amount of capital stock paid in, and the general assets of the corporation, and also the amount of all their exist- ing debts, which statement shall be published in a newspaper located nearest the factory.
X. That the service of any process of any Court of this State shall be service of pro- legal and valid on said corporation, if the same shall be left at the factory : cess* Provided, The President of the corporation is absent from and beyond the
limits of the District in which the said factory is established.
XI. That this Act shall continue in force for fourteeu years; and no part Limitation. of the capital stock, nor any of the fuuds of the said corporation, shall at hibited8 pr°" any time during the continuance of this charter be used or employed, directly or indirectly, in banking operations, or for any purpose whatever inconsistent with this Act.
XII. That the total amount of the debts which the said corporation shall Debts limited. at any time owe, shall not exceed the amount of their capital stock actually
paid in ; and in case of excess, the President and Directors under whose administration it shall happen, shall be jointly and severally liable, in their natural capacities. The President or any of the Directors who may have
156 STATUTES AT LARGE
a.d.1862'3. been absent when such excess was created, may respectively exonerate v*'^~y^~^' themselves from being so liable, by forthwith ^giving notice of the fact to the
stockholders at a general meeting, which they shall have power to call for
that purpose.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
No. 4647. AN ACT to grant the Aid of the State to the Cheraw and Coal
Fields Railroad Company.
I. Be it enacted by the Senate and House of Representatives, now met Terms of grant, and sitting in General Assembly, and by the authority of the same, That whenever satisfactory proof is produced to the Comptroller General that three hundred and twenty thousand dollars are duly subscribed, by responsible persons or corporate bodies, to the capital stock of the Cheraw and Coal Fields Railroad Company, and that said company has been duly organized, he is hereby authorized to subscribe, on the part of the State, three hundred and twenty thousand dollars to the capital stock of the said company, to be paid in the stock held by the State in the North-Eastern Railroad Company and the Cheraw and Darlington Railroad Company, at the par value thereof. And that he take, in the name of the State, a cer- tificate from the said company for the stock so subscribed; and the said Cheraw and Coal Fields Railroad Company shall receive the stock given by the State in payment at par, and without any recourse whatever against the State, stock, how II. That the stock shall be paid in the manner, and subject to the terms
Sons, &c and conditions, hereinafter expressed, to wit : whenever satisfactory proof
shall be produced to the Comptroller General that the sum of one hundred thousand dollars shall have been expended in the construction of said road, he shall transfer and deliver to said company so much of the stock in the North-Eastern Railroad Company as shall amount at its par value to one hundred thousand dollars. And when similar proof shall be produced to the Comptroller General that one hundred thousand dollars more shall have
OF SOUTH CAROLINA. 157
been expended, as aforesaid, be shall transfer and deliver one hundred A. iniaJS'fc
thousand" dollars in the stock of the Cheraw and Darlington Railroad Cora- ^^ sr~—->
pany, taken at its par value; and when, in like manner, one hundred and
twenty thousand dollars more shall have been expended, and the proof
furnished in the manner as aforesaid, then the Comptroller General shall
transfer and deliver to said company the whole remainder of the stock of
the North-Eastern Railroad Company, amounting at par to one hundred and
twenty thousand dollars.
III. That the State shall in no way whatever be liable for the debts and state not liable.
contracts of the said Railroad Company, nor be subject to any assessment
on the shares held in its capital stock.
# In the Senate House, the sixth day of February, in the year of our Lord
one thousand eight hundred and sixty-three, and in the cightv-
seventh year of the sovereignty and independence of thes State of
South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
AN ACT TO CHARTER THE StlELBY AND BROAD RlVER RAILROAD No. 46 1 8.
Com tan y.
"Whereas it is highly necessary, for the full development of the iron Preamble. resources of this State, that mineral coal should be introduced from the nearest mines in North Carolina :
I. Be it enacted by the Senate and House of Representatives, now met Company and sitting in General Assembly, and by the authority of the same, That corpora€ " for the purpose of establishing communication by railroad between the States of North Carolina and South Carolina, from Shelby, in the county of Cleveland, in the former State, to such points on the Spartanburg and Union Railroad, the King's Mountain Railroad, or the Charlotte and South Carolina Railroad, as may be agreed on by the stockholders, the formation of a corporate company is hereby authorized, to be called "The Shelby and Broad River Railroad Company;" which company, when formed in com- pliance with the conditions herein prescribed, shall have corporate exist- ence as a body politic.
IT. That the capital stock of said company shall be five hundred thou- Capital stock. sand dollars, in five thousand shares of oue hundred dollars each; and for
158 s STATUTES AT LARGE
A. D.isa2-3. the purpose of raising the same, the Comptroller General is authorized, on Y the application of any person interested in the construction of said railroad,
to require the opening of books of subscription at such places, at such times, and by such persons, as he may, by publication, appoint; upon which sub- scription there shall be paid, at the time of subscribing, the sum of five dollars on each share subscribed; which payment may be made in notes of any of the Banks of North or South Carolina, in Treasury notes, or in any currency of the Confederate States; and in default of such payment, the subscription of the person so iu default shall be void.
Organization. HI. That when satisfactory evidence shall be furnished to the Comp- troller General that fifty thousand dollars of the capital stock of said company has been subscribed, he shall, by publication, convene a mcetiug of the subscribers for the organization of the company, at such time and place as may, in his judgment, suit the convenience of the subscribers; at which meeting, and at every annual meeting thereafter, there shall be elected a Board of seven Directors, three of whom, at least, shall be citizens of this State, and three, at least, citizens of the State of North Carolina.
Privileges and XV. That the Company, when so organized, shall be, and they are here-
habilities. .
by, declared a body politic and corporate, by the name and style of " The Shelby and Broad River Railroad Company," aud by that name shall be capable, in law and equity, of purchasing, holding, selling, leasing, and con- veying estates, real, personal, and mixed, and acquiring the same by gift or devise, so far as may be necessary for the purposes embraced within the scope and object of their charter; shall have succession of officers and members; by their corparate name may sue and be sued, plead and be im- pleaded in any Court of Law or Equity ; may have and use a common seal ; may make all such by-laws, rules and regulations as shall be deemed neces- sary for the well-ordering and conducting the affairs of the Company, not inconsistent with the laws' of this State or of the Confederate States, company to V. That the said Company are hereby authorized to construct a railroad
' from such points on either the Spartanburg and Union Railroad, the King's Mountain Railroad, or the Charlotte and South Carolina Rail- road, as the stockholders of the company hereby incorporated may select, towards and unto the North Carolina line, on the route that may be fixed by the company, leading to the Wilmington and Rutherford Railroad iu North Carolina, at or near the village of Shelby, in the said State; and that for the purposes aforesaid, all the rights, powers, aud privileges conferred on the Charlotte and South Carolina Railroad Company by the Act entitled "An Act to charter the Charlotte and South Carolina Railroad Company," ratified the eighteenth day of December, in the year of our Lord one thousand eight hundred and forty-six, are hereby con- ferred on the said Shelby and Broad River Railroad Company, subject to
OF SOUTH CAROLINA. 159
the same conditions and restrictions, except so far as the special provisions A. I}cjLS62'3. of this Act may require the same to be modified or varied. v~~~"V~-'/
VI. That this Act shall be deemed a public Act, and shall continue of Limitation. force for the term of ninoty-ninc years.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President, of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT to Incorporate the Wan do, Wamcaw and Winyaii Canal No. 4619.
Company.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Name and the persons who shall subscribe In the manner hereinafter provided, and their successors, shall be a body politic and corporate, by the name and style of "the Wando, Wanibaw and Wiuyah Canal Company," and by the name and style aforesaid shall and may sue and be sued, plead and be impleaded; and the said company shall have authority to make such rules Rules and
... . . . . . pi regulations.
and regulations, and appoint such officers and agents ior the government and management of their affairs, as they may think proper: Provided, Such rules and regulations shall not be repugnant to or inconsistent with any law of force in this State.
II. The said company shall have power and authority to cause a com- May make munication or inland navigation by a canal or canals, with or without locks,
to be made through such places as to them shall seem most fit and con- venient, from Wando river to Wambaw creek, and also from the South branch of Santee river to the North branch of the same, and from the said North branch, or any creek communicating therewith, to Winyah Ray ; Rates of toll, and they and their successors forever shall and may fix and establish, and may be entitled to take and receive, by way of toll, for all goods and mer- chandise carried on or through, and boats, vessels and rafts passing on or through the said canals, such sums or rates as the said company shall think proper to impose; and the said company, or their agents, may stop any goods, vessels, boats or rafts from passing on the said canals until pay- ment of the said toll.
160
STATUTES AT LARGE
A. D. lj£2 '3,
1^2'
May purchase
lands.
Parties may ap- peal.
Stock exempt from taxation, Ac
Penalty for damage to canal.
Offenders Li- able for dam- ages.
Company may take materials.
Commissioners appointed.
III. The said company shall have power to purchase, for themselves and their successors forever, such lands as may be necessary for the purpose aforesaid; and where they and the owners of the said lauds cannot agree upon the price, to take the said lands at a valuation to be made by a majority of five persons, to be appointed by the Court of Common Pleas; which land shall, on payment of the sums at which it shall be valued, be vested in the said company forever : Provided, however, That the parties shall have the same right of appeal from such valuation as is provided in similar cases by the charter of the South Caroliua Railroad Company, and the charters of the other railroad companies in this State; and the said company shall also have authority to collect and reserve water for the use of the said canals aud locks, making satisfaction for the damages done thereby; the said damages to be ascertained in the manner above directed with respect to the value of land.
IV. The shares in the capital stock of the said company shall be ex- empted from any rate, tax, duty, assessment or imposition, until the profits and dividends of said company shall reach ten per cent.; and the said shares shall be deemed personal estate, and may be sold, transferred, assigned, bequeathed and transmitted as such.
V. If any person shall wilfully or maliciously cut, break down, damage or destroy any bank or other work to be erected or made for the purpose of the said navigation, such person shall be liable to prosecution by indictment therefor, and upon conviction, shall be punished by fine and imprisonment at the discretion of the court: Provided, That the fine shall not exceed two thousand dollars, nor the imprisonment two years. And if any person shall do any of the acts aforesaid, or shall throw earth, trees, logs or other rubbish into the said canals, so as to obstruct or injure the same, such per- sons shall be liable to the said company in a civil action for the damages occasioned thereby.
VI. The said company shall have power and authority to use any materials in the vicinity of the said canals for making the same or the said locks, or keeping the same in repairs, paying a reasonable price for the same, which price shall be ascertained in like manner as the value of the land which the company may take, as aforesaid, in case they and the owners of the said land cannot agree about the price thereof.
VII. William Lucas, Gabriel Manigault, Stephen D. Doar, Benjamin P. Collum, William St. J. Mazyck, William C. Bee, Alexander Robertson, James G. Henning, Sextus T. Gaillard, James B. Sparkman and Andrew Hasell, are hereby appointed Commissioners for receiving subscriptions to the capital stock of the said company ; they or any of them are authorized to receive such subscriptions, at such times, at such place and places as they may appoint, giving due notice thereof. No subscription shall be received
OF SOUTH CAROLINA. 101
for any less sura than fifty dollars. Whenever the sum of thirty thousand a. D. 1862 x
dollars shall have been subscribed, and five per centum of the amount sub- J" v— -
, . when company scribed paid in, the rights and powers hereby conferred shall be vested in may organise.
the subscribers, and the Commissioners shall give notice of a meeting of
the same, for the purpose of organizing the company. The said company
may afterwards receive such further subscriptions as they may deem
necessary.
VIII. This Act shall be deemed and taken to be a public Act, and Public Act.
judicially taken notice of as such without special pleading.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-throe, and the eighty- seventh year of the sovereignly and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
an act to charter the palmetto exporting and importing no. 46">0.
Company.
I. Be it enacted by the Senate and House of Representatives, now met
and sitting in General Assembly, and by the authority of the same, That Corporators, 11. L. P. McCormick, C. T. Mitchell, J. R. Dukes, L. C. Clifford, Z. B. P' Oakes, and their associates and successors, be, and they arc hereby, made a body corporate and politic in law, by the name of " The Palmetto Export- ing and Importing Company;" and the said company shall have power to export produce from this State to neutral ports, and import into this State from neutral ports arms, munitions of war, and other commodities, and also to bring and carry mails and passengers in their vessels.
II. The capital stock of said company shall be two hundred and fifty capital. thousand dollars, with the privilege of increasing the same to one million
of dollars : Provided, Such increase shall be agreed to by a majority in number of its stockholders.
III. The capital stock shall be raised by subscription, in shares of one How capital to thousand dollars each; but the said company shall not go into operation
until the said stock, to the amount of at least two hundred thousand dollars,
has been paid in cash, and an oath or affirmation thereof shall have been
made and subscribed by the President of the company, the Treasurer and
Jl
162
STATUTES AT LARGE
A. D. 1862 '3.
Board of Direc- tors.
Personal prop- erty.
By-laws, &c.
Dividends.
majority of the Board of Directors, which, shall he lodged and recorded in the office of the Secretary of State, and be published in two newspapers of the City of Charleston.
IV. The affairs of the company shall be managed by a Board, consisting of a President and four Directors, who shall be elected in such manner and for such periods as the stockholders may prescribe.
V. The said capital stock shall be deemed personal estate, and the com- pany may hold such personal property as may be necessary for the purposes of their business, and may, from time to time, sell and transfer the same or any part thereof.
VI. The said company may, by its corporate name, be plaintiff or de- fendant in any Court of Law or Equity in this State, and may have and use a common seal, and may make such by-laws and regulations for their govern- ment as they shall see fit, with full power to enforce the due observance thereof upon their members : Provided, Said laws are not inconsistent with the Constitution and laws of this State or of the Confederate States.
VII. No part of the capital stock shall at any time be withdrawn by or divided among the stockholders until all the debts and liabilities of the gaid corporation shall have been fully paid off and discharged.
In the Senate House, the sixth day of Fehruary, in the year of our Lord one thousand eight hundred and sixty-three, and the eighty-seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4651. AN ACT to Incorporate the Importing and Exporting Company
of South Carolina.
Corporators.
Name. Powers,
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That William C. Bee, J. Clough Parrar, Benjamin Mordecai, E. L. Kerrison, Otis Mills, William Ravenel, D. H. Silcox, and their associates and succes- sors, be, and they are hereby, made a body politic and corporate in law, by the name of " The Importing and Exporting Company of South Carolina;" and the said company shall have power to export produce from this State to neutral ports, and import into this State from neutral ports arms, muni-
OF SOUTH CAROLINA. 163
tions or war, and other commodities, and also to bring and carry mails and a.d.1862'3. passengers in their vessels. v*"~~y-~—'/
II. The capital stock of the said company shall be two hundred and fifty Capital, thousand dollars, with the privilege of increasing the same to one million dollars : Provided, Such increase shall be agreed to by a majority in number
of the stockholders.
III. The capital stock shall be raised by subscription in shares of one when to com- thousand dollars each : but the company shall not go into operation until tions.
the said stock to the amount of at least two hundred thousand dollars has been paid in cash, and an oath or affirmation thereof shall have been made and subscribed by the President of the company, the Treasurer, and a ma- jority of the Board of Directors, which shall be lodged and recorded in the office of the Secretary of State, and be published in two newspapers of the City of Charleston.
IV. The affairs of the company shall be managed by a Board, consisting Board of Di- of a President and four Directors, who shall be elected in such manner and rector!
for such periods as the stockholders may prescribe.
V. The said capital stock shall be deemed personal estate, and the com- Personal prop- pany may hold such personal property as may be necessary for the purposes
of their business, and may from time to time sell and transfer the same, or any part thereof.
VI. The said company may, by its corporate name, be plaintiff or de- .May Inake by- fendant in any Court of Law or Equity in this State, and may have and use
a common seal, and make such by-laws and regulations for their government as they shall see fit, with full power to enforce the due observance thereof upon their members : Provided, Said laws are not inconsistent with the Constitution and laws of this State and the Confederate States.
VII. No part of the capital stock shall at any time be withdrawn by a Debts paid dividend among the stockholders, until all the debts and liabilities of the dends. corporation shall have been fully paid off and discharged.
In the Senate House, the eighteenth day of December, in the year of our Lerd one thousand eight hundred and sixty-two, and the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
4
161
A. D. 1862 '3.
No. 4652.
Corporators.
Towers.
Capital.
How stock to be raised.
Board of Direc- tors elected.
Stock personal property.
May make by- laws, &c,
STATUTES AT LARGE
AN ACT to Charter the Atlantic Steam Packet Company of the Confederate States.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That William H. Gilliland, Hugh R. Banks, James Hope, Daniel F. Fleming, and their associates and successors, be, and the same are hereby, made a body corporate and politic in law, by tbe name of the Atlantic Steam Packet Company of the Confederate States ; and the said company shall have power to import into this State, or any other of the Confederate States, arms, munitions of war, and other commodities, and also to export produce and other commodities from this State, or from any other of the Confederate States, and also to bring and carry mails and passengers in their vessels, and to do such acts or things as are necessary fully to carry out these objects.
II. The capital stock of said company shall be five hundred thousand dollars, with the privilege of increasing it to any amount not exceeding two million dollars, provided such iucrease shall be agreed to by a majority of the stockholders.
III. The capital stock shall be raised by subscription, in shares of one thousand dollars each, but the said company shall not go into operation until the said stock to the amount of at least five hundred thousand dol- lars has been paid in cash, and an oath or affirmation thereof shall have been made and subscribed by the President of the company, the Treasurer, and majority of the Board of Directors, which shall be lodged and recorded in the office of the Secretary of State, and be published in two newspapers of the city of Charleston, South Carolina.
IV. The affairs of the company shall be managed by a Board, consisting of a President and six Directors, who shall be elected in such manner, and for such periods, as the stockholders may prescribe ; and the said President and Directors shall adopt such rules and regulations as they may deem ex- pedient, not inconsistent with the laws of this State or of the Confederate States.
V. The said stock shall be deemed personal estate, and the company may hold such personal property as may be necessary for the purposes of their business, and may, from time to time, sell and transfer the same, or any part thereof.
VI. The company may, by its corporate name, be plaintiff or defendant in any Court of Law or Equity in this State, and may have and use a com- mon seal, and may make such by-laws and regulations for their government as they shall see fit, with full power to enforce their due observance upon their members : Provided, Said, laws are not inconsistent with the Constitu- tion and laws of this State or of the Confederate States.
OF SOUTH CAROLINA. 165
VII. No part of the capital stock shall at any time be withdrawn by or A. D. 1862 '3.
divided among the stockholders until all the debts and liabilities of the ^"~v"~""/
said corporation shall have been fully paid off and discharged. fore dividend,
VIII That the corporators named in this Act be authorized to call the WhenCom-
. „ pauy to organ-
subscribers together at such time, after the passage thereof, as may be ize.
most convenient, by public advertisement in Charleston, Augusta, and Columbia, for the purpose of organizing the said company hereby incor- porated, and electing the President and Directors herein provided for.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
AN ACT TO AUTHORIZE THE ISSUE OP STOCK FOR THE PURPOSE OP No. 4653. CONTINUING THE CONSTRUCTION OF THE NEW STATE HOUSE.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That his Excellency the Governor be, and he is hereby, authorized and required to issue, in the name of the State, stock, to be countersigned by the Comp-
troller General, for the amount of twenty-five thousand dollars, bearing interest at the rate of six per cent, per annum, payable semi-annually, at the Treasury of the State, and redeemable thereat on the first day of July which will be in the year of our Lord one thousand eight hundred and ninety.
II. That the faith of the State is hereby pledged for the punctual pay- Faith of state ment of the interest on said stock, and for the redemption of the principal p e ge
of the same when it shall become due.
III. That the said stock, when issued, shall be placed in the Treasury, stock, how dis- to the credit of the fund for erecting the New State House, subject to the pos
order of the acting Commissioner, Superintendent and Architect, John R. Niernsee, to be used by him in continuing the construction of the New State House.
IV. That it shall be the duty of the Agent of the State to deposit in the Former appro-
m i i- t> i n -i n -ixto tt -i priation at dis-
Treasury, to the credit ot the fund tor erecting the New otate House, the posai of com- missioner.
»**
166 STATUTES AT LARGE
A. D. 1862 '3. unexpended balance of the stock heretofore appropriated, amounting to ^■~V"""/ one hundred and one thousand and eighty-eight dollars and thirty-eight cents, subject to the order of John R. Niernsec, acting Commissioner, Su- perintendent and Architect, to be drawn and applied by him to the con- struction of the New State House.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4654. AN ACT to increase the pees op Sheriffs for dieting tersons
CONFINED IN JAIL.
I. Be it enacted by the Senate and House of Representatives, now met
charges in- and sitting in General Assembly, and by the authority of the same, That
the Sheriffs shall hereafter be entitled to charge and receive, for dieting
white persons confined in jail, sixty cents per day each, and for dieting
slaves or free persons of color, forty cents per day each.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4655. AN ACT to confer the rights of Legitimacy on Mary E. Daniel.
I. Be it enacted by the Senate and House of Representatives, now met
Rights of legit- and sitting in General Assembly, and by authority of the same, That Mary
E. Daniel, daughter of William B. Daniel, of York District, begotten upon
OF SOUTH CAROLINA. 167
the body of Elizabeth White, -which said William B. Daniel and Elizabeth A.D.iS62'3.
White have since intermarried, be, and is hereby, invested with all the
rights and privileges of a legitimate child, and authorized and entitled to
take and hold real and personal estate, under the statutes for distribution
of intestates' estates, or as legatee aud devisee of her said parents, in the
same manner and to the same extent as if she had been born in lawful
wedlock.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, /Wsident of the Senate.
A. P. ALDRICII, Speaker House of Representatives.
AN ACT TO AMEND AN ACT ENTITLED "An ACT TO AUTHORIZE THE No. 465G.
City Council of Charleston to Issue and put in Circulation Notes receivable in Taxes or Dues to the City," ratified the twenty-first day of december, in the year of our lord one thousand eight hundred and sixty-one.
I. Be it enacted by the Senate and House of Representatives, now met aud sitting in General Assembly, and by the authority of the same, That Actofisci re- the first section of an Act entitled " An Act to authorize the City Council of Charleston to issue and put in circulation notes receivable in taxes or dues to the City," ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, be, and the same is hereby, altered and amended, so as to authorize the redemption of the said notes by the Mayor of the City, in the treasury notes of the Confederate States, as well as in the notes of the several banks of this State.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
168
STATUTES AT LARGE
A.D.1862'3. AN ACT TO EXTEND SOME Or THE PROVISIONS OP AN A CT ENTITLED
V- — v— J "An Act in reference to the suspension of Specie Payments by No. 4657. THE Banks or this State, and for other purposes," to the first
day of January, in the year of our Lord one thousand eight
hundred and sixty-four.
Part of Act of 1SC1 extended.
Part of Act of 1861 limited.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assernby, and by the authority of the same, That the provisions of the three first sections of an Act entitled "An Act in reference to the suspension of specie payments by the banks of this State, and for other purposes/' passed on the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, and which by said Act are operative until the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, be, and the same are hereby, extended to the first day of January, in the year of our Lord one thousand eight hundred and sixty-four; and that the provisions of the three last sections of the said Act, which by the said Act are not limited in their operation, be, and the same are hereby, in like manner limited in their operation to the first day of January, in the year of our Lord one thousand eight hundred and sixty-four.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4658. AN ACT to vest the title of the State in certain Escheated
Property in Rose Ann Carnighan.
Title vested in Rose Ann Car- nighan.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all the right, title and interest of the State in that portion of the real estate of Richard McElleran, deceased, containing one acre, more or less, in the city of Columbia, butting and bounding east on Richardson street, west and south on land now or late of Maria P. Cross, and north on Devine street, being one-fourth of a square of land, purchased by William T. Cross, de-
OF SOUTH CAROLINA. 169
ceased, from the Commissioner of the State of South Carolina for the sale A.D.1SG2T.. of public lots in the City of Columbia, be, and the same is hereby, vested v~-~">^— ^ in Rose Ann Carnighan, her beirs and assigns forever.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of S;uth Carolina.
W. L>. PORTER, President of the Senate.
A. P. ALDRIGH, Speaker House tif Representatives.
AN ACT TO AUTHORIZE THE BANKS OF THIS STATE TO PURCHASE CON- No. 46f>9. FEDERATE ANI> STATE SECURITIES.
I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That May purchase from and after the passing of this Act, it shall and may be lawful for the States stock, banks of this State to purchase the bonds and stock issued -by the Con- federate Government, or by any of the States of the Confederate States of America, and that all such purchases as may have already been made by any of the said banks are hereby sanctioned and allowed.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDR1CU, Speaker House •/ Representatires.
AN ACT TO ENABLE THE CHARLESTON SAVINGS' INSTITUTION TO PUR- No. 4660. CHASE AND HOLD REAL PROPERTY.
I. Be it enacted by the Senate and House of Representatives, now met and Bitting in General Assembly, and by the authority of the same, That
170 STATUTES AT LARGE
A. D. 1S62'3. the Charleston Savings' Institution shall be, and the said corporation is
v— — \^— -^ hereby, authorized to purchase and hold real estate within the Parishes of
property. St. Philip's and St. Michael's to an amount not exceeding sixty thousand
dollars; and the same to alien, from time to time, as shall be deemed
expedient.
In the Senate House, the eighteenth day of December, in the year of our Lord one thousand eight hundred and sixty-two, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
No. 4001. AN ACT to continue of force an Act entitled "An Act to
AUTHORIZE CERTAIN BUILDING AND LOAN ASSOCIATIONS TO SUSPEND THE CALL FOR MONTHLY INSTALMENTS."
I. Be it enacted by the Senate and House of Representatives, now met Act of 1861 ex- and sitting in General Assembly, and by the authority of the same, That
tended. , ,
an Act entitled " An Act to authorize certain Building and Loan Associa- tions to suspend the call for monthly instalments/' ratified the twenty-first day of December, in the year of our Lord one thousand eight hundred and sixty-one, be, and the same is hereby, continued of force until the first day of January, in the year of our Lord one thousand eight hundred and sixty-four.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
W. D. PORTER, President of the Senate.
A. P. ALDRICH, Speaker House of Representatives.
OF SOUTH CAROLINA. 171
AN ACT TO AMEND THE CHARTER OF THE BANK OF CHARLESTON, A. D. 1862 '8.
South Carolina. * v '
No. 4662. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Bank may pur. from and after the passing of this Act it shall and may be lawful for the and stocks. Bank of Charleston, South Carolina, to purchase the bonds and stocks issued by the Confederate Government, or by any of the States of the Confederate States of America.
In the Senate House, the sixth day of February, in the year of our Lord one thousand eight hundred and sixty-three, and in the eighty- seventh year of the sovereignty and independence of the State of South Carolina.
\V. I>. PORTER, President of the Senate.
A. P. ALDRlCri, Speaker House of Representatives.
INDEX TO THE ACTS OF 1862-'63.
A.
APPROPRIATIONS.
Tage
An Act to make, for the year commencing in October, 1862 92
For Executive Department 92
Legislative Department O'J
Judiciary Department 94
Treasury Department 95
South Carolina College 95
Ordinary civil expenses 05
Military expenditures 96
Ordinary local expenditures 97
Extraordinary expenditures 9*3
Destitute soldiers 00
Assumed authority, an Act to punish purchasing under 146
Penalty for assumption 1 46
Onus on defendant 116
Atlantic Steam Packet Company — (Sec Exporting and Importing Companies.)
B.
Bank of Charleston, South Carolina, Act to amend charter of. 171
Bank of the State, Act to authorize increased issue of small bills by... 150
Limitation of Act 150
Banks of this State, authorized to purchase Confederate and State
securities 169
Boards of Relief — (See Soldiers.)
BONDS OF CONFEDERATE STATES.
An Act to provide for a guaranty by the State of the Ill
State guarantee to be endorsed by Governor 141
Citizens of this State to have preference in purchase 141
ii INDEX TO THE ACTS.
V\nz
An Act to provide for a guaranty by the State of the Bonds of the
Confederate States 142
Governor to endorse, on application 142
Amount to be guaranteed 142
Act of December, 1862, repealed 142
Building and Loan Associations, Act to continue Act to authorize cer- tain, to suspend call for monthly instalments 170
c.
CANAL COMPANIES.
An Act to incorporate the Edisto and Ashley 133
Corporate Company authorized loo
Looks of subscription, by whom opened loo
Vacancy in Board of Commissioners, how filled loo
Subscriptions received 133
Money to be deposited in Bank of the State IBS
Commissioners to make list of subscribers 184
Company, when to organize 134
President and Directors, ballot for 184
Schedule of votes 184
Elections, annual 135
Company, style and title of. 135
Privileges of company 135
Kates of toll 135
Water not to be taken for irrigation 135
Lock and gates to be kept 135
Company may purchase land 136
Stock personal estate ■ 136
Penalty for injuring or obstructing canal 186
Limitation of Act 137
An Act to incorporate the Wando, Wambaw and Winyah 159
Name and style 159
llules and regulations 159
Canal, company may make 159
Rates of toll 159
Lands, company may purchase 160
Appeals in cases of disagreement 160
Stock exempt from taxation , 160
Damage to canal, penalty for.... 160
Offenders liable in civil action 160
INDEX TO THE ACTS. iii
Materials, company may take .160
Commissioners appointed 160
Organization, when completed 161
Public Act 101
Carnighan, Rose Ann, title to escheated property vested in 168
Carolina Cotton and WooLn Factory — (See Factory.)
Charleston, an Act to amend an Act to authorize City Council of to issue and put in circulation notes receivable in taxes or dues to
the city 167
Act of 1861 repealed 167
Charleston Savings' Institution, Act to enable to hold real property.... 169
COLUMBIA CANAL.
An Act to vest a part of, in Confederate Government for the term of
twelve years 1 • >2
When Government may take possession 152
Government to keep canal in boating order 153
When State may resume control 153
COTTON.
An Act to prevent and punish the planting and cultivating, in this
State, over a certain quantity of cotton during the present year, 111
Area to be planted in cotton Ill
Penalty for violation 115
Kule of survey to be issued 115
Planters to return number of hands to tax collectors 115
Judges to charge grand juries 115
An Act to amend an Act to punish the planting and cultivating
cotton , iv. c '. 115
Area limited to one acre per hand 115
What hands to be counted 116
Penalty fur violatiou 116
Duties of public officers 116
Land to be measured 116
Oath of planters 117
(Irand Juries to be charged 117
Council, Executive, Act to abolish 147
Act to declare law in relation to proceedings of.... 147
iv INDEX TO THE ACTS.
D.
Pace
Daniel, Mary E., an Act to confer the rights of legitimacy on 166
DEBTORS.
An Act to continue in force Act to extend relief to 148
Act of 1861 continued 148
Fines of Courts excepted 148
Common carriers 148
Gaming, money lost by, may be recovered 148
Public officers not protected 149
Courts martial, lines imposed by, not included 149
E.
Escheated property — (See Carnighan.) Executive Council — (See Council.)
EXPORTING AND IMPORTING COMPANIES.
An Act to charter the Palmetto 161
Corporators, powers and privileges 161
Capital stock 161
How capital to be raised 161
President and Directors, elected 162
Stock personal estate 162
By-laws, &c, company may make 162
Dividends, when to be declared 162
An Act to incorporate the Importing and Exporting Company of
South Carolina 162
Corporators, name, powers, &c 162
Capital stock, amount of 163
Company, when to commence operations 163
Board of Directors, how elected 163
Stock personal estate 163
By-laws, company may make 163
Dividends, when to be declared 163
An Act to charter the Atlantic Steam Packet Company of the Con- federate States ] 64
Corporators, powers, &c 164
Capital stock of company 164
How stock to be raised 164
INDEX TO THE ACTS. v
V\<IT.
President and Directors, election of. D'4
Stock personal estate 164
By-laws, company may make 164
Dividends, when company may declare lti">
Organization, when completed 165
EXTORTION.
An Act to prohibit, and punish extortioners 143
What articles included in list 143
Penalty for extortion 14o
Exemptions 143
Juries to decide what is extortion 143
Proceedings on trial - 143
False information, penalty for giving 144
Corporations liable 1-14
F.
FACTORY.
An Act to incorporate the Carolina Cotton and Woolen 153
Corporators 1 53
Name and purposes , 153
( Capital of company 154
Real estate, company may hold 151
By-laws, not to be inconsistent with State or Confederate laws 154
When to go into operation 154
Members severally liable for debts 154
Stock personal property 154
Arotes, how apportioned 154
Penalty for neglect to pay instalments 155
Books, where and by whom to be opened 155
President and Directors, election of. 155
Annual statement 155
Service of process of courts 155
Limitation of Act 155
Banking prohibited 1 .">">
Debts, limitation of. 155
h
vi INDEX TO THE ACTS.
FIELD OFFICERS.
Page
An Act to authorize and empower certain regiments to elect their
field officers 128
Election ordered 128
What officers to conduct election 128
Failure to elect, new election ordered 128
Existing commissions vacated 128
Resolution of Executive Council repealed 129
Term of service of first corps of reserves limited 129
I.
Importing and Exporting Company — (See Exporting and Importing Companies.)
IRON MANUFACTURING COMPANY.
An Act to renew and amend charter of Swedish, of South Carolina,
and to change the name thereof. 151
Charter extended 151
Name changed 152
Privileges and obligations under new name , 152
Capital, company may increase 152
M.
MILITIA.
An Act for the better organization of the Militia, and for other pur- poses 100
Ordinances of Convention repealed 100
Act of 1841 in force 100
Part of Act of 1861 repealed 100
Assistant Adjutant General, rank and pay of 100
Persons liable to military service 100
Exemptions from ordinary military duty 100
Duties of commanders of beat companies 101
Penalty for not making returns 101
First Corps of Reserves to be enrolled 102
Militia may be called out by Governor 102
Militia to elect officers 102
Term of service of Militia limited 102
Penalty for non-performance of duty 102
INDEX TO THE ACTS. vii
Pact
Militia on duty subject to Army Regulations 103
Overseers exempted 103
Governor may detail soldiers 103
Pay of officers and privates 104
Deserters to be arrested 104
Commissions vacated 104
Eligibility for office 104
Governor to distribute arms 104
Fees of Sheriffs for aiding officers 104
Limitation of Act 104
N.
NEGRO LABOR.
An Act to organize and supply negro labor for coast defence 105
State to be divided into territorial divisions 105
Order in which labor shall lie called for 105
When labor to be called for 105
What slaves to be taken 106
Commissioners of Roads to summon owners 106
Limitation of service 106
Notice to be given by Confederate Government 106
Transportation furnished 106
Rations supplied 106
Compensation 106
Liability of Confederate Government 1(|6
State Agent to be appointed 107
Duties of Agent 107
Agent to receipt for slaves taken 107
to certify pay-bills 107
Slaves to be removed from danger 107
to be assessed 107
Commissioners of Roads to verify quota 108
Penalty for failure to send slaves 108
Commutation 108
Labor previously furnished to be credited 108
An Act to amend an Act to organize and supply negro labor, &c 109
Assistant Agents allowed 109
Fine for default increased > 109
Governor to furnish netrro labor 109
viii INDEX TO THE ACTS.
Page
An Act to amend an Act entitled " An Act to organize and supply
negro labor," <kc , 110
Twelfth section of Act of December, 1862, repealed 110
Commissioners to return defaulters on oath 110
City authorities, &c, to return defaulters 110
Owner of only oue slave exempted 110
Commissioners of Roads may fill vacancies 110
Commissioners to collect tines for default 110
State Agent to hire labor Ill
Penalty for failure to comply with Act Ill
NEW STATE HOUSE.
An Act to authorize the issue of Stock, to continue the construction of.. 165
Governor to issue stock — 165
Faith of State pledged for redemption of 165
How stock to be disposed of. 165
Former appropriation, disposition of. 165
P.
Poor, Commissioners of, for Lancaster District, Act for appointment of.. 148 Act to provide for appointment of Commissioners of, for Darling- ton and Chesterfield Districts 149
For Darlington 149
Chesterfield 149
PROTESTANT EPISCOPAL CONGREGATIONS.
An Act to incorporate, with uniform rights, powers, and privileges, in
South Carolina 150
Twelve church members may become body politic 150
Powers and privileges 151
May hold property 151
Existing churches may become bodies politic 151
Charters perpetual 151
PROVISIONS.
An Act to enforce any proclamation of Governor prohibiting exporta- tion of 144
Penalty for violation of proclamation 144
Duties of Magistrates 144
Articles to be seized 145
INDEX TO THE ACTS. ix
Pass
Fines paid over to Soldiers' Boards of Relief. 145
Perishable articles to be sold 145
Acquittal, recovery in case of 145
Conviction, proceedings on 1-15
Governor may appoiut agents to prosecute 145
R.
RAILROAD COMPANIES.
An Act to grant the aid of the State to the Cheraw and Coal Fields.... 156
Terms of grant 156
Stock, how paid, conditions, &c 156
State not liable for debts or contracts of company 157
An Act to charter the Shelby aud Broad River 157
Preamble 157
Company incorporated 157
Capital stock 157
Organization, Comptroller General to call meeting for., 158
Privileges aud liabilities 158
Railroad, company to construct 158
Limitation of Act 159
RELIGIOUS AND CHARITABLE SOCIETIES.
An Act to incorporate certain, and to renew and amcud the charters
of others 119
Chesnut Ridge Baptist Church — 119
Orangeburg Baptist Church 119
Little Cenerostee Presbyterian Church 120
Moriah Baptist Church 120
Erskine Theological Seminary 120
Associate Reformed Church, Yorkville 120
Rosemonte Cemetery Association 121
Powers of Board of Directors 121
No streets to be opened through lands 121
Penalty for mutilation or destruction of tombs, <Y.e 121
Members individually liable lor debts 122
Exemption from taxation ,.. 122
R. W. Southern Grand Lodge, I. 0. O. F 122
x INDEX TO THE ACTS.
ROADS, BRIDGES, AND FERRIES.
Page
An Act to establish certain, and for other purposes 131
New road laid out in Pickens 131
Nelson ferry re established 131
Cox's ferry re-chartered 131
Rates of toll 131
Part of Act of 1861 repealed 132
Buckhcad Causey 132
New road in "dark corner" of Greenville 132
Road discontinued in Greenville 132
s.
SALT.
An Act to pi*ovide against dearths of. 117
Governor empowered to contract for purchase of 117
Delivery of, when to be suspended 117
Magazines to be provided 118
Commissioners, their duties 118
to sell salt 118
Limitation of price 118
When to commence : 119
Sheriffs, an Act to increase fees of, for dieting persons confined in jail.. 166
SOLDIERS.
An Act to make appropriation in aid of the families of, &c 137
Appropriation 137
Division of appropriation 137
Boards of Relief to be appointed 137
Boards to appoint Secretary and Treasurer 138
Distribution of funds 138
Boards to make returns 138
Comptroller General and Treasurers, duties of 138
Act of 1861 repealed 139
Appropriation, how paid out 139
An Act to amend an Act to make appropriation in aid of the families
of soldiers, &c 139
Act of December, 1862, amended 139
An Act to refund to the Soldiers' Boards of Relief for Barnwell and Laurens Districts, and for St. Matthew's and Christ Church Parishes, certain moneys 140
INDEX TO THE ACTS. xi
Page
Barnwell, Board to make assessment 140
St. Matthew's, Board to make assessment 140
Laurens, extraordinary assessment for 141
Christ Church, tax to be levied 141
Specie payments, an Act to extend Act in relation to suspension of, &c. 108
Part of Act of 1861 extended 108
Part of Act of 1801 limited 108
SPIRITUOUS LIQUORS.
An Act to suppress the undue distillation of, Ill
Penally for unlawful distilling Ill
Existing contracts to be executed Ill
Governor may contract with agents 112
Agents to give bond 112
Magistrates to see Act enforced 112
Captains of patrol to report violations 112
Limitation 112
An Act to suppress the distillation of spirituous liquors in this State.. 113
Distillation prohibited 113
Peualty for distilling, or exporting for distillation 113
Governor may appoint Agents to distil 113
Regulations as to apothecaries, &o 113
Penalty for violation 113
Governor to appoint agents to enforce Act 114
Former licenses revoked 114
Compensation allowed where licenses revoked 114
SUFFRAGE.
An Act to enable citizens of the State who are engaged in military
service to exercise the rights of. 129
Persons engaged in military service to vote 129
Who may open polls 129
Oaths administered 129
Schedule furnished 129
Certificate of Managers 130
Managers to forward certificate 130
Managers of Election District to aggregate returns 130
Executive to furnish blanks 130
Limitation of Act 130
Substitute for Act and Ordinance , 130
xii INDEX TO THE ACTS.
SUPPLIES.
Page
An Act to raise, for the year commencing in October, 1S02 89
Tax on lands 89
On slaves 89
Exemption 89
On free negroes 89
On real estate 89
Exception in Charleston 89
Exemption where property in hands of enemy 80
Factorage, employments, <fcc 89
On Commissions 89
Bank stock , 90
Gras-light and insurance companies 90
Goods, wares, and merchandise 90
Transient merchandise 90
Exhibitions 90
Moneys invested , 90
Commercial agencies 90
Cards an d billiard tables 90
Salaries 91
Taxes, to whom payable 91
Commissions of collectors 91
Police taxes, return of. 91
Returns of free negroes 91
Sullivan's Island, exemption on 91
Time of collection extended 91
Disposition of appropriation by Congress 92
w.
WAR TAX.
An Act to provide for the payment, by the State, of such as may be imposed by the Congress of the Confederate States, and for the
collection of the same from the tax-payers in this State 122
President of Bank and Treasurer of Lower Division to pay tax 122
To borrow money 123
To procure and deliver tax books 123
Tax collectors to give bond 123
On failure to give bond. Governor may appoint 123
When books to be opened 123
INDEX TO THE ACTS. xiii
Deduction allowed 123
When books to be re-opened 124
Tax collected to be in lieu of Confederate tax 124
Proviso, if in form of quota 124
Duties of Tax Collectors under proclamation of Governor 124
Compensation of Tax Collectors 125
Returns of Tax Collectors 125
How moneys received to be appropriated 125
Penalties and forfeitures 125
An Act to amend an Act to provide by State for payment of War
Tax, &c 126
Part of Act of 1861 amended 126
Certain Parishes exempt from taxation 126
Governor to appoint Commissioners 126
Taxes to be refunded in certain cases 126
Amounts refunded to be deducted 127
Persons not reported to pay tax 127
An Act to repeal Act to provide for payment of War Tax, &c 127
Act to provide for payment by State repealed 127
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